Prescription
 It means continued occupation over a long period of time
by one state of territory actually and originally belonging
to another state.
Requirements of prescription
 the possession must be peaceful
 the possession must be public
 the possession must be for a long period of time.
 Prescription is the acquisition of territory which belonged
to another state, where as occupation is acquisition of terra
nullius. However, international law does not prescribe any
fixed period for prescription.
The length time required for prescription is a matter which
should be decided by international court of
justice or tribunal where the case is brought for
adjudication.
 The acquisition of territory by force was historically
recognized as a lawful method for acquiring sovereignty,
but has been illegal in international law since the U.N
charter came into force.Prescription is also recognized as a
mode of acquiring sovereignty over territory. Like
occupation, however, prescription requires effective
control. But unlike occupation, the object of prescription is
not terra nullius. Thus the required length of effective
control is longer than in occupation. Moreover,
prescription might be negated by a demonstrated lack of
acquiescence by the prior occupant. (Las Palmas)
 The doctrine legalizes de jure the de facto transfer of
sovereignty caused in part by the original sovereign's
extended negligence and/or neglect of the area in question.
It was applied in the Island of Palmas and the Miniquiets
and Ecrehos cases.
"In law prescription is of two kinds:
1. it is either an instrument for the acquisition of property
or
2. an instrument of an exemption solely from the
servitude of judicial process."
The latter form of prescription is known in English law as
"limitation" and is sometimes also called "extinctive
prescription.
 "Limitation"
 means the extinction of stale claims and obsolete
titles.
 This kind of prescription does not establish in
favour of the possessor a new title of ownership
which had not been existing before;
 "it simply extinguishes a former owner's rights to
recover possession of the land and therefore
"operates negatively by eliminating the claim of a
person having a superior title."
 an instrument for the acquisition of property"
- "it operates positively, like a conveyance," and is
one of the modes of acquiring a new title to
property.
- It is accordingly called "acquisitive prescription."
This distinction between the two forms of prescription has also
been recognized in international law. But, since it is the purpose
of this study only to examine the process by which historic titles
are being established in accordance with international law,
extinctive prescription will not be dealt with any further, and
any subsequent reference to prescription should be understood
in the sense of meaning solely acquisitive prescription.
Cession
 Cession, or acquisition of territory through treaty, is
another mode.
 When a state transfers its territory to another state,
acquisition by cession takes place in favour of such later
state.
 The cession of territory maybe voluntary or maybe under
compulsion as a result of war.
 The act of cession maybe even in the nature of a gift, sale,
exchange or lease. Cession is the transfer of territory
usually by treaty from one state to another.
Thus the United States acquired the Philippines through the
Treaty of Paris. Sovereignty over Hong Kong is a more recent
example of cession. In the middle of the 19th century, part of
the colony of Hong Kong was ceded in perpetuity to Britain.
The largest section of the colony, the so called New Territories,
was merely held under a lease that was due to expire in 1997.
After protracted negotiations, a Joint Declaration was signed
through which the entire territory of Hong Kong would be given
over to the sovereignty of China on July 1,1997. This has
already been accomplished.
It should also be noted, however, that a treaty of cession which
is imposed by a conqueror is invalid. Thus there may be a
situation where what prevails is merely a de facto regime.
Conquest
Conquest was in earlier days the taking possession of a territory
through armed force. For acquisition of conquered territory, it
was necessary that the war had ended either by treaty or by
indication that all resistance had been abandoned. Moreover,
the conqueror must have had the intention of acquiring the
territory and not just of occupying it temporarily. For instance,
the U.S. in Germany had no intention of acquiring the territory.
Today conquest as a mode of acquisition is proscribed by
international law. The 1970 Declaration of Principles of
International Law Concerning Friendly Relations and
Cooperation among States has this to say: “The territory of a
State shall not be the object of acquisition by another State
resulting from the threat or use of force. No territorial
acquisition resulting from the use or threat of force shall be
recognized as legal.”
The latest instance of a response to an attempted conquest was
the action taken against Iraq when it invaded Kuwait.
Accretion and Avulsion
Accretion and avulsion can also lead to sovereignty over
territory. This is sovereignty by operation of nature. Accretion
is the gradual increase of territory by the action of nature;
avulsion is a sudden change resulting for instance from the
action of a volcano.
Where a new territory is added mainly through natural causes
to territory already under the sovereignty of a state, acquisition
by accretion takes place. Accretion refers to the physical
expansion of an existing territory through geographical process.
EXAMPLE:
(Avulsion)
The lower Mississippi river, you will find that some land on the
east side of the river is part of Arkansas, and some land on the
west side of the river is part of Tennessee. The river changed
course quickly, so the state boundary did not change.
Accretion:
An example of slow and gradual enlargement of territory is
offered by the formation of alluvial deposits (alluvium) on
shorelines, river banks, and especially in river, continually
building up through the operation of water currents.
Alluvial deposits can significantly add to a state’s territory
through such alluvions and thereby pushing forward the
baselines of the territorial sea.

Such deposits on the banks of a boundary river lead to an

alteration in its course, adding or subtracting from the territory
of the riparian owners.