Island of Palmas Arbitration case

Brief Facts

 Spain was one of the Colonizing powers of USA mainly colonized South America
(The Amazon Region).
 California was among the state under Spain colony
 Once Spanish fleet was going toward California from Spain and on their way,
they found Palmas Islands (which was like a heaven on Earth)
 The member of fleet remained there for some days and then went to California
and then back to Spain.
 After some time, Holland sent contingent to occupy it, and settled their civilians
over there.
 170 Years later California became independent and become part of United
States.
 United State Claimed Island of Palmas.

United States View and Holland Reply

 United states claimed that we are the successor to Spanish Authority, and we have the
right over this area.
 This Claim was rebutted by Holland.

So, this case was referred to An Arbitration.

Question Before Arbitration

The question before the Arbitration was that Is mere act of discovery enough to claim a state or
an area?

Palmas Arbitration decision

For Occupation Arbitration formed a rule that

 Occupation must be continuous and must not be break or interrupted

 Must be Real
 Must be with Intention to occupy it.

Hence, with this rule the claim of US was dismissed, and it is now specified that mere discovery
is not sufficient to get a territory, only that claim is adequate which is done with intention and
have real and continuous occupation over the place.
Sia-Chin Issue

Brief Details

Sia chin is located at an altitude of about 19000 feet. The boundary commission did not
demarcate the boundary at that place because of 2 main reasons

 Physical Reasons i.e., Low O2 Concentration, Very low temperature etc.

 And secondly, they gave Kashmir to India and the Kashmir line goes to Baltoro which is
the highest point of Sia-Chin.

Initially after independence of Pakistan and India both states did not show any interest in Sia-
Chin Glacier but later it became of utmost importance because of some reasons of which main
is that it is a center highest point and is close to Chinese area of Tibet from where very much
Buddhist people came to India because these people suffered at the hand of communist
Chinese Government.

Initially Pakistan Northern Scouts would go to Sia Chin with foreign Climbers and delegates in
the mid between July and August and then returned.

India upon th knowledge of these expedition and secondly due to interest in Tibet geared
themselves and occupied this place. When Pakistan Northern Scouts were back to Gilgit, Indian
Army captured the area and when Next Year Pakistan went back to Sia-Chin they saw that
Indians are already up there, so war started at this place. Till now we have not been able to
capture this area from them.

Legal Position of Sia-Chin Issue

By looking at this situation the Indian Claim over Sia-Chin is better as compared to
Pakistan because India has fulfilled the rules of occupation as laid down under the Palmas
Arbitration Case.

Because Indian Occupation is

 Without any disruption i.e., continuous

 Permanent and Real
 And with Intention to Occupy

On the other hand, if we look into Pakistan’s claim it is weaker considering Palmas arbitration
rules, because Pakistan

 Occupation was disrupted that is not continuous

 For a short Time
 Intention was also not solely to occupy it but for Research and tourism.
Conclusion

To conclude we can say that as rules described under Palmas Island India has a better
and strong case as compared to Pakistan.