Can a Country Buy an Island from Another Country?

The concept of a country purchasing an island from another nation is an intriguing one, veiled in both historical and legal complexities. This article delves into the feasibility of such transactions, examining historical instances, legal frameworks, and the implications of acquiring an island as private property.

Historical Precedents

One of the most well-known examples of a country buying an island is the sale of Alaska from Russia to the United States in 1867. This transaction, often referred to as "Seward's Folly," was conducted for about $7.2 million, which translates to approximately 2 cents an acre. Over time, this acquisition has proven to be a strategic and economically beneficial move for the United States, particularly considering the discovery of significant natural resources, such as oil, in the region.

Another notable instance is the purchase of the US Virgin Islands, St. Thomas, St. Croix, St. John, and surrounding islands from Denmark in the early 20th century for around US$18 million. This acquisition, known as the Danish Virgin Islands Purchase, has allowed the islands to become a vital part of the United States territory, providing unique cultural and geopolitical value.

Theoretical Possibilities

While these historical instances provide examples of a country acquiring an island, it is important to consider whether such a transaction is legally or practically possible in modern times. Generally, international law does not permit one country to outright purchase an island from another, as this would fundamentally alter the existing national sovereignty and borders.

When a country buys land, even if it is an entire island, it only acquires the private property rights while the jurisdiction and sovereignty continue to be governed by the owning country. Therefore, even if a country technically purchases an entire island, this does not change the international borders or the jurisdiction of the land within that country's territory.

Legal and Practical Constraints

According to international law, the sovereignty and jurisdiction over a piece of land lie within the territory of the owning country. Purchasing an island in this context is akin to buying a large piece of land within the same country and declaring it part of another country's territory. This approach is strictly discouraged and not legally recognized.

Historically, major islands have not been sold or gifted to other nations. For instance, Croatian islands that have existed since the Roman Empire era have remained under the jurisdiction of Croatia, preserving their unique cultural, architectural, and natural heritage.

Gifts and International Relations

There is, however, a scholarly argument that if a country decides to gift its own property to another country, such as a privately owned building or piece of land, this could be accomplished under certain diplomatic circumstances. The House of an Ambassador in a foreign country, for example, might be owned by the sending country, not the receiving country, as the embassy is recognized as an extension of the sending country's territory.

Occasionally, municipalities from one country might own property in another country. For instance, the Slovenian municipalities might own property in Croatia, but this does not change the national borders. An island could theoretically be purchased and given as a gift to another country, but it would not alter the international borders or sovereignty.

Conclusion

In summary, while the idea of a country buying an island from another country is both fascinating and complex, the current international legal framework does not allow for such a transaction. Purchasing an island would only grant private property rights and would not alter the existing national borders or sovereignty. Historical examples show that countries have made strategic acquisitions that benefited them, but these purchases were typically made with the intent of expanding their own territories rather than transferring them to another sovereign nation.