LAW

Published on
Legal Terms – Avulsion
Avulsion, noun, refers to an abrupt and forceful alteration in the trajectory of a river, resulting in the desiccation of the former riverbed. This may be the result of natural occurrences including hurricanes, floods, or tidal surges. Such a method of altering territory does not

The title to territory is impacted by the rapid geological change; therefore, any state that might appear to gain from it would be precluded from submitting new claims. An illustrative case in point was the Chamizal Arbitration (1911) 5 AJIL 782, which pertained to modifications in land boundaries caused by the Rio Grande's course between the United States and Mexico. The newly formed tract, according to the United States, resulted from a gradual process of erosion and accumulation. Mexico maintained that its formation occurred via avulsion. A portion of the tract was attributed to "slow and gradual erosion" (accretion), while the remainder was the consequence of "the great flood of 1864" (avulsion), and was thus assigned to Mexico, as determined by the Commission in accordance with the arbitration convention of 1910.


Picture
0 Comments