The Island of Palm - USA and Netherland - Case Study Example

United States came to know about their consideration when a functionary of United States travelled to the Island of Palmas, in 1906. As the island had already been ceded to the United States by Spain based on which the United States laid claim over reign over the island. This was informed to the Netherlands by the United States so as to solve the case diplomatically through mutual agreement. However, the island had been possessed by Netherlands for more than 200 years which led the the Dutch Government to claim sovereignty over the island.

Netherlands was informed about the Treaty of Paris in 1899 but that could not let the country to observe the boundary line of the Philippines. The United States and the Netherlands submitted the claims regarding the issue of possession of the island to the Permanent Court of Arbitration as both the parties could not reach to an agreement bilaterally (The Island of Palmas, The Hague Justice Portal). For the arbitration of the case submitted, the Swiss Lawyer, Max Huber was appointed with the agreement of both the countries.

2 This paper critically analyses the claims laid by the parties, the proceedings of the case and the decision of arbitrator regarding which state owns the Island of Palms territory. The United States laid claim over sovereignty of the island through legitimate treaties as being the country which was ceded the island from its discoverer that is Spain. Whereas, Netherlands claimed that there is still no evidence of discovery or any other kind of possession of island by Spain. Since Netherlands have exercised the sovereignty over the island since year 1677, so even if Spain had acquired a title of ownership by discovering the island, such title has essentially been lost.

The claim laid by the United States was based on cession of the island by the one who first saw the island and