CHAPTER XI

THE RETURNING SOVEREIGN

The jus postliminii of the Romans was a legal

fiction by which persons, and, in some cases, things,

taken by an enemy, were restored to their original legal

status immediately on coming under the power of the nation

to which they formerly belonged.' Writers of inter-

national law engrafted the term postliminy to describe

the legal inference by which persc~ls, property, and

territory, captured by an enemy, were presumed to revert

to their former condition on the withdrawal of enemy control. Broadly speaking, the doc trine in-

dicates that mere possession by a belligerent in

the course of war of property or territory of the

enemy in ttself is insufficient to transfer title

or sovereignty, as the case may be, against the

enemy owner or sovereign who regains possession dur-ing the continuance of the war..'

https://www.loc.gov/rr/frd/Military_Law/pdf/law-of-belligerent-occupation_11.pdf

Definition of Occupation

Territory is considered to be occupied when it is actually placed under the

authority of external military forces. Occupation extends only to territory

where that authority has been established and can in fact be exercised.9

Effectiveness of Occupation

To determine whether a state of occupation exists, it is necessary to look at

the area concerned and determine whether two conditions are satisfied:

first, that the former government has been rendered incapable of publicly

exercising its authority in that area; and, secondly, that the occupying

power is in a position to substitute its own authority for that of the former

government.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/27874/JSP3832004Edition.pdf

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>the fraud is vitiated.