The analogous principle in international law is acquisitive pre-scription. Acquisitive prescription is either ordinary or extraordinary. Although it is sometimes said that the International Court would accept acquisitive prescription as a general principle of law, 113 what is the content of the general principle? It is useless in practice and confusing in theory. 16, No. at 17. Prescription is mostly regarded as an unproblematic area 20 Ramos-Mrosovsky, supra note 3, at 906. Two of those examples of argument from Roman law will be assessed: occupation of terra nullius(Section 4) and acquisitive prescription (Section 5). int’l l. 332, 345, (1950). effectivités Source: Encyclopaedic Dictionary of International Law Author(s): John P. GrantJohn P. Grant, J. Craig BarkerJ. It means that acquisitive prescription is a legal phenomena whereby a person becomes the owner of a thing (property) by way of prescription for as long as he was in possession as if he or she was the owner of that property for an uninterrupted period of 30 (thirty) years; [1] The Supreme Court (SC) explained it clearly in Arzadon-Crisologo v. Rañon[2], to wit: It is concerned with lapse of time in the manner and under conditions laid down by law, Y.B. Acquisitive prescription, though, does not require the 18 Id. Argument from Roman Law in Current International Law: Occupation and Acquisitive Prescription European Journal of International Law, Vol. Acquiring or releasing property after a certain period of time and subject to conditions determined by law, acquisitive prescription is a common practice. "Acquisitive prescription depends upon acquiescence, express or implied. What is acquisitive prescription? Acquisitive prescription is a mode of acquiring ownership by a possessor through the requisite lapse of time. 1, pp. 25-58, 2005 Posted: 29 Feb 2008 The international law of the acquisition of territory and the delimitation of international boundaries makes use of several rules de rived from Roman law. Craig Barker. “Acquisitive prescription” should be denied as a rule of international law governing the acquisition of territorial sovereignty. The acquisition is by continuous and undisputed exercise of sonvereignity. Johnson, Acquisitive Prescription in International Law, 27 Brit. “In law prescription is of two kinds: it is either an instrument for the acquisition of property or an instrument of an exemption solely from the servitude of judicial process.” 1 Keywords Dispute Territory International Tribunal Arbitral Award International Lawyer Municipal Court Ordinary acquisitive prescription requires possession in good faith and with just title for ten years. Acquisitive prescription (“prescription”), an original method of acquisition of ownership, is regulated by two prescription acts. When used in the context of International law, the term ‘prescription’ refers to the acquisition of a nation or territory by another nation. Acquiescence is often implied, in the interests of international order, in cases where it does not genuinely exist, but without knowledge there can be no acquiescence at all." 19 D.H.N. What legal procedures need to …