INSULA QUAE IN MARI NASCITUR OCCUPANTIS FIT: NULLIUS ENIM ESSE CREDITUR! СЛУЧАЯТ FERDINANDEA ПРЕЗ ПОГЛЕДА НА ЕДИН РОМАНИСТ
INSULA QUAE IN MARI NASCITUR OCCUPANTIS FIT: NULLIUS ENIM ESSE CREDITUR! THE CASE OF FERDINANDEA THROUGH THE VIEWS OF A ROMANIST

Summary/Abstract: The article examines the Roman legal system regarding the rare hypothesis of the appearance of a new island in the sea. Based on texts of Gaius, the real situation of the appearance as a result of volcanic activity of the island of Ferdinandea/ Graham in 1831 near Sicily, but outside the territorial waters of Italy, and the dispute over its property is analyzed. The island is disappearing, but it is also possible to reappear and give rise to various claims that international maritime law doesn’t consider. The author proposes to keep in mind the Roman legal concept of res nullius in nature, as it applies to wild animals, and that the right of ownership by ocupatio be to the subject who first takes possession of it.

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