EVOLUTION AND CURRENT STATE OF THE TERRITORIAL LEASE IN INTERNATIONAL PUBLIC LAW

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EVOLUTION AND CURRENT STATE OF THE TERRITORIAL LEASE IN INTERNATIONAL PUBLIC LAW

Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue

Abstract

The article deals with the peculiarities of the origin, development and current state of the territorial lease concept in the international public law. The Additional Convention to the Treaty between France and Spain on territorial delimitation of December 2, 1856 (Bayonne Treaty) can be considered the prototype of international lease according to which the French farmers gained the right to perpetual use of pastures located in the territory of Spain in the Iberian mountains in the area called Quinto Real Norte (Pays Quint Septentrional) for which France still pays an annual payment to Spain. In a modern sense the Brussels Agreement between Great Britain and His Majesty King Leopold II, Sovereign of the Independent State of the Congo, relating to the Spheres of Influence of Great Britain and the Independent State of the Congo in East and Central Africa of May 12, 1894 should be considered the first agreement of international legal lease whose action was suspended in 1909. The most wellknown and long-lasting examples of the territorial lease is the lease of Hong Kong (China – UK) from 1898 to 1997 and the lease of the Panama Canal (Panama – USA) from 1903 to 1999. International leasing is used to secure military, political, economic, administrative and other purposes of the public nature of the lessee state or an international intergovernmental organization in the territory of the lessor. The subject of the international legal lease is the parts of the lessor’s territory clearly defined in the lease agreement. The limits of the leased areas are determined as a rule by detailed geographic coordinates. The parties to the agreement are called “lessor” and “lessee”. A lessor under a lease agreement may be exclusively represented by a state. A lessee is usually a state and in some cases a public international organization. An international leasing agreement usually has the form of a single document signed in two copies (one for each party). The duration of the lease is either determined over the years or is associated with a certain legal fact that may occur in the future. Particular treaties on frontier issues may provide for an indefinite lease. Payment for a lease is made in cash by debiting the previous debt through the provision of loans, subsidies or gratuitous financial aid, through the provision of products, goods, other tangible assets, services, new technologies, etc. In general, the territorial leasing is characterized by the flexibility of the agreement terms which is due to direct understandings between parties. It is proved that the legal nature of international lease is that the title of the leased part of the territory remains unaffected. The lessor remains the owner of the leased territory, its territorial sovereign. The article is based on specific international treaties on the state territory lease.

Authors and Affiliations

В. М. Стешенко

Keywords

territorial leasing Bayonne Hong Kong Panama Canal Saimaa Canal Porkkala Naval Base Diego Garcia Baikonur Cosmodrome Tin Bigha NATO

EP ID EP480487
DOI -
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