Acquisitive prescription, though, does not require the 18 Id. When used in the context of International law, the term ‘prescription’ refers to the acquisition of a nation or territory by another nation. “In law prescription is of two kinds: it is either an instrument for the acquisition of property or an instrument of an exemption solely from the servitude of judicial process.” 1 Keywords Dispute Territory International Tribunal Arbitral Award International Lawyer Municipal Court Acquiescence is often implied, in the interests of international order, in cases where it does not genuinely exist, but without knowledge there can be no acquiescence at all." What is acquisitive prescription? Craig Barker. Acquisitive prescription (“prescription”), an original method of acquisition of ownership, is regulated by two prescription acts. at 17. It is useless in practice and confusing in theory. 16, No. Argument from Roman Law in Current International Law: Occupation and Acquisitive Prescription European Journal of International Law, Vol. What legal procedures need to … int’l l. 332, 345, (1950). The acquisition is by continuous and undisputed exercise of sonvereignity. Ordinary acquisitive prescription requires possession in good faith and with just title for ten years. 20 Ramos-Mrosovsky, supra note 3, at 906. 19 D.H.N. Prescription is mostly regarded as an unproblematic area The international law of the acquisition of territory and the delimitation of international boundaries makes use of several rules de rived from Roman law. 1, pp. "Acquisitive prescription depends upon acquiescence, express or implied. Two of those examples of argument from Roman law will be assessed: occupation of terra nullius(Section 4) and acquisitive prescription (Section 5). Acquisitive prescription is a mode of acquiring ownership by a possessor through the requisite lapse of time. effectivités Source: Encyclopaedic Dictionary of International Law Author(s): John P. GrantJohn P. Grant, J. Craig BarkerJ. Y.B. 25-58, 2005 Posted: 29 Feb 2008 It means that acquisitive prescription is a legal phenomena whereby a person becomes the owner of a thing (property) by way of prescription for as long as he was in possession as if he or she was the owner of that property for an uninterrupted period of 30 (thirty) years; The analogous principle in international law is acquisitive pre-scription. [1] The Supreme Court (SC) explained it clearly in Arzadon-Crisologo v. Rañon[2], to wit: It is concerned with lapse of time in the manner and under conditions laid down by law, Johnson, Acquisitive Prescription in International Law, 27 Brit. 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