Some Legal Aspects of the Colonial Problem in Latin America

Abstract

The colonial problem in Latin America is not one of that continent's most urgent problems, but it does exist, and the jurisprudence of the United Nations concerning colonial territories has set into motion a comprehensive debate on colonialism. The two Latin-American principles embodying the best solution to these problems are: (1) The territories of America cannot be the object of colonization and (2) American states do not recognize territorial acquisition or special advantages obtained by coercion. The first is based on the politico-juridical principle known as the uti possiditis jure of 1810, which has been cited often in various crises of Latin-American history. The second has long constituted an outstanding characteristic of the political and juridical thinking of Latin America. Similar legal principles are embodied in international law. Therefore, the resolutions made by International American Conferences and by other Inter-American organizations are based on long-standing legal principles. These resolutions, along with the legal decisions of the United Nations on colonial matters, provide a means for solving Latin-American colonial problems—thus eliminating the suspicion and frustration resulting from them, and creating an atmosphere in Latin America more favorable to the co-operation necessary for its development.—Ed.