Within the summer edition of the prestigious Chicago Journal of International Law was published a detailed piece explaining the implications of Liberland with regard to international law. Author Gabriel Rossman’s 35 page essay explains the history of statehood under international law as well as the Croatian-Serbian historical border conflict and then weaves together an explanation of the ways in which Liberland both qualifies and does not yet qualify as an official state.
Rossman begins by explaining the concept of terra nullius (no-man’s land/unclaimed land) and points out that neither Croatia nor Serbia claim this land and have not claimed it over the course of decades. Despite this fact, we are reminded that Croatia recently put out a statement claiming that Liberland is somehow not terra nullius. Croatia’s statement stops short of claiming the land as its own, instead insisting that the land belongs to Serbia. Serbia likewise put out a statement that the land is not within the borders of Serbia. As Rossman put it: