Serbia, Croatia and Terra Nullius | Liberland Press

Editor’s Note: This article discusses the history of the land on which Liberland has been founded, as well as how it would be in the best interest of the regional powers for Liberland to be recognized as a sovereign state.

When a country does not claim an area of land, it falls under the international legal principle of terra nullius. This legal concept’s Latin name roughly translates to “no man’s land”. While ‘no man’s land’ as a concept has existed forever, the legal term was coined in times past when countries were laying claims to Antarctica and Australia. To be classified as terra nullius, a plot of land must either have never been claimed by a sovereign nation or have been formally given up by a nation whom previously claimed it. As Antarctica currently has treaties that bar countries from claiming it, many assume that the last true example of terra nullius has been claimed.[1] After all, it seems that every available terrain in the world has been either claimed or barred from claiming. Or has it?

A modern example of terra nullius can be found in the Siga, a plot of land located between Croatia and Serbia. The two countries agree that the Danube River’s flow marks the border between the nations, however, Croatia and Serbia disagree on one key factor – whether the border is in line with the current or the historical path of the river.[2]

Each side has chosen the view that gives them the most land, with Croatia claiming the historical and Serbia the current.[3] This has left the Gornja Siga a riverfront piece of land, unclaimed (with the exception of the claim of the Free Republic of Liberland since April 2015) as both sides believe the other should hold it....