In relation to the recent discussions about alluvion and avulsion, members
might be interested to know that in Roman law there was a small body of
law concerning what happens when an island is formed within a public river,
or by a river's drying up or changing its course. This was called insula
nata. The public international law rules on alluvion and avulsion were
taken from Roman law. This is not in itself a reason why the rules on
insula nata should be too, but the three concepts were usually treated as a
group. I have not had the time to research on the history of this concept
in PIL, unfortunately.
Incidentally, so far as I am aware the Roman law concept did not apply to
islands coming into existence in the sea. This is probably because the
concepts in question were the creation of Roman PRIVATE law. Furthermore,
what we would today call public international law was rather rudimentary in
Roman times, not least because the Romans had incorporated much of the
known (to them) into their empire, and their relations with the rest were
frequently hostile.
Maurice Mendelson, Q.C.
Blackstone Chambers
Blackstone House
Temple, London EC4Y 9BW,
England.
Tel. +44 20 7583 1770; fax +4420 7822 7350; email
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