Condominium (international law)

"Joint sovereignty" redirects here. For Joint sovereigns, see Coregency.

This article is about the international law describing a territory in which two sovereign powers have equal rights. For the form of housing, see Condominium.

In international law, a condominium (plural either condominia, as in Latin, or condominiums) is a political territory (state or border area) in or over which two or more sovereign powers formally agree to share equally dominium (in the sense of sovereignty) and exercise their rights jointly, without dividing it up into 'national' zones.

Although a condominium has always been recognized as a theoretical possibility, condominiums have been rare in practice. A major problem, and the reason why so few have existed in practice, is the difficulty of ensuring co-operation between the sovereign powers; once the understanding fails, the status is likely to become untenable.

The word is recorded in English since c.1714, from Modern Latin, apparently coined in Germany c.1700 from Latin com- "together" + dominium "right of ownership" (compare domain).

Current condominia

• The Moselle River, and its tributaries the Sauer and the Our, comprise a condominium between Luxembourg and Germany, who share bridges and at least the tip of one island (near Schengen). The condominium was established by treaty in 1816.
• Pheasant Island (also known as Conference Island, Konpantzia in Basque, Île de la Conférence in French or Isla de los Faisanes in Spanish) in the River Bidassoa between France and Spain. It was established by the Treaty of the Pyrenees in 1659.
• A small area on the Arabian Peninsula is jointly ruled by Oman and the Emirati member state of Ajman.^[1]
• Parts of the Gulf of Fonseca and of the territorial sea outside its mouth comprise a unique tridominium between El Salvador, Honduras and Nicaragua.
• The main part of Lake Constance (without islands) is considered by Austria to be a condominium between Germany, Austria and Switzerland. This view is not shared by Germany and Switzerland.
• The part of the Paraná River between the Salto Grande de Sete Quedas and the mouth of the Iguassu River is shared in condominium by Brazil and Paraguay.
• It has been proposed by Iran that the Caspian Sea is a condominium of Russia, Azerbaijan, Iran, Turkmenistan and Kazakhstan (its five littoral states), but it is not in fact.^{[citation needed]}
• Brčko District of Bosnia and Herzegovina forms part of both the Republika Srpska and the Federation of Bosnia and Herzegovina.

The term is sometimes even applied to a similar arrangement between members of a Monarch's countries in (personal or formal) union, as was the case for the district of Fiume (Rijeka), shared between Hungary and Croatia within the Habsburg Empire since 1868.

Co-principality

Under French law, Andorra was once considered to be a French–Spanish condominium, although it is more commonly classed as a co-principality, since it is itself a sovereign state, not a possession of one or more foreign powers, even though the quality of Head of State is shared ex officio by two foreigners.^{[citation needed]}

Former condominia

• In 688 the Byzantine Emperor Justinian II and the Arab Caliph Abd al-Malik ibn Marwan reached an unprecedented agreement to establish a condominium (the concept did not yet exist) over Cyprus, with the collected taxes from the island being equally divided between the two parties. The arrangement lasted for some 300 years, despite the fact that in the same time there was nearly constant warfare between the two parties on the mainland.
• Anglo-Egyptian Sudan was legally an Egyptian-British condominium from 1899 until 1956. Though the system was resented by Egyptian and Sudanese nationalists, and would later be disavowed by the Egyptian Government, it persisted due to the United Kingdom's effective control over Egypt itself, which began from 1882.
• Bosnia and Herzegovina was a condominium of Cisleithanian Austria and Hungary between 1908 and 1918, while both countries were parts of the Austro-Hungarian Empire.
• The Independent State of Croatia during World War II from 1941 to 1943 was a condominium of Nazi Germany and Fascist Italy until the collapse of the Italian Fascist regime in 1943.^[2][3][4][5]
• Canton and Enderbury Islands were a British–American condominium from 1939 until 1979 when they became part of Kiribati
• Couto Misto was shared until 1864 between Spain and Portugal, even though in its final decades of existence it was de facto independent.
• Countship of Friesland (West Frisia), since 1165 under Imperial administration, was from 1165 to 1493 a joint condominium of the Count of Holland and the Prince-bishop of Utrecht, then again until 25 October 1555 under Imperial administration
• Egypt from 1876-1882, under France and the United Kingdom.^[6]
• The City of Erfurt from 12th century until the Thirty Years' War was shared between the Archbishopric of Mainz and the Counts of Gleichen, the latter replaced by the city council in 1289 (Concordata Gebhardi), the Landgrave of Thuringia in 1327 and the House of Wettin in 1483 (Treaty of Weimar)
• The Free City of Kraków was a protectorate of Prussia, Austria and Russia from 1815 until 1846, when it was annexed by Austria
• Maastricht, was a condominium for 5 centuries until 1794. It was shared between the Prince-Bishopric of Liège and the Duchy of Brabant, the latter replaced by the Dutch Republic in 1632
• Nauru a tripartite condominium mandate territory administered by Australia, New Zealand and United Kingdom from 1923 to 1942 and again in 1947 as a trust territory until independence in 1968
• The village of Nennig was a condominium of the Trier bishopric, Lorraine (the Kingdom of France from 1766) and Luxembourg until its annexation by Revolutionary France in 1794
• Neutral Moresnet was shared from 1816 until 1919 between the Netherlands (later Belgium) and Prussia
• New Hebrides formed a French–British condominium in 1906 until independence in 1980 as a republic, now called Vanuatu
• Northern Dobruja by the Central powers (German-Austrian-Bulgarian) during World War I.^[7]
• Oregon Country was an Anglo-American condominium from 1818 until 1846
• Samoan Islands from 1889 to 1899 were a rare tripartite condominium under joint protectorate of Germany, Britain and the USA.
• The Province of Schleswig-Holstein was at first administered jointly by Prussia and Austria following the 1864 Second Schleswig War until its partition according to the Gastein Convention in the next year
• The County of Sponheim in the Holy Roman Empire was ruled since the 15th century by the Margraves of Baden, the Counts Palatine of the Rhine and the Counts of Veldenz, later Palatinate-Simmern, Palatinate-Zweibrücken and Palatinate-Birkenfeld as heirs of Veldenz.
• Togoland, formerly a German protectorate, was an Anglo-French condominium, from when the United Kingdom and France occupied it on 26 August 1914 until its partition on 27 December 1916 into French and British zones. The divided Togoland became two separate League of Nations mandates on 20 July 1922: British Togoland, which joined Gold Coast (present day Ghana) in 1956, and French Togoland, which is now the nation of Togo.
• Zaporozhian Sich, a brief Russo-Polish condominium established in 1667 by the Treaty of Andrusovo.

Proposed condominium

• In 2001, the British government held discussions with Spain with a view to putting a proposal for joint sovereignty to the people of Gibraltar. This initiative was pre-emptively rejected by Gibraltarians in the 2002 referendum.^[8][9]

See also

• Dependent area
• Protectorate
• Suzerainty
• Principality
  • Andorra
  • Åland
  • Liechtenstein
  • Monaco
• Free city

References

1. ^ Image:UAE en-map.png
2. ^ Jozo Tomasevich. "The Chetniks". War and Revolution in Yugoslavia. Stanford University Press, 1975. Pp. 103. "The condominium in Croatia was the most important example of Italo-German collaboration in controlling and despoiling an occupied area [...]".
3. ^ Stephen R. Graubard, (ed.).Exit from Communism. Transaction Publishers, 1993. Pp. 153-154. "After the Axis attack on Yugoslavia in 1941, Mussolini and Hitler installed the Ustašas in power in Zagreb, making them the nucleus of a dependent regime of the newly created Independent State of Croatia, an Italo-German condominium predicated on the abolition of Yugoslavia." [1]
4. ^ Günay Göksu Özdoğan, Kemâli Saybaşılı. Balkans: a mirror of the new international order. Marmara Üniversitesi. Dept. of International Relations, 1995. Pp. 143. "Croatia (with Bosnia-Hercegovina) formally became a new Axis ally - the Independent State of Croatia (NDH). This was in fact, Italo-German condominium, [...]".
5. ^ John R. Lampe (ed.), Mark Mazower (ed.). Ideologies and National Identities: The Case of Twentieth-Century Southeastern Europe. Central European University Press, 2003. Pp. 103. "[...] the Independent State of Croatia (hereafter NDH, Nezavisna Drzava Hrvatska), in reality an Italo-German condominium[...]"
6. ^ http://www.minefe.gouv.fr/fonds_documentaire/notes_bleues/nbb/nbb270/entente_cordiale.pdf
7. ^ [2]
8. ^ CIA - The World Factbook -- Gibraltar US Central Intelligence Agency
9. ^ BBC News | Europe | Country profiles | Regions and territories: Gibraltar BBC News

External links

• WorldStatesmen- see each present country