STATE TERRITORY

1
 Defined territory is a legal
requirement of statehood.

A state without a territory is not a

state.

2
The different part of state territory
Land territory
the land including its subsoil within its
boundaries

Maritime territory
The territorial sea of a state

Territorial air space

The airspace above its land, its national or
internal waters and its territorial sea
3
Mode of acquisition of
sovereignty over territory

Sovereignty denotes full and unchallengeable power

over a piece of territory and all the person from time
to time therein.

A states sovereignty over its territory is absolute and

complete save for certain limitations such as
guarantee for human rights and diplomatic privileges.

Under international law there are several distinct

grounds for the acquisition of sovereignty.

4
 OCCUPATION

The intentional acquisition by a state of

sovereignty over a territory which is at the
time not under the sovereignty of another
state (terra nullius).

5
 Basic requirements:

The territory must be terra nullius

territory belonging to no one at the time of
the act alleged to constitute occupation.
- The territory may never have belonged to
any state or it may have been abandoned
by previous sovereign.
- position of territories inhabited by native
tribes with a certain social and political
organisation.
- Western Sahara case

6
The occupation must be effective:

Mere discovery gave a state an inchoate title (an

option to occupy the territory within a reasonable
time)
2 elements of effective occupation:
an intention to act as sovereign (animus)
-Clipperton Island arbitration
the peaceful and continuous exercise of
sovereign activities (factum)
-Palmas Island case
-it is not challenged by other states
7
 -a display of state authority does not lose its
peaceful character by mere protests from other
states. H/ever persistent protest must be
rebutted.

-the display of state authority must exist up to

the critical date (date on which the location of
territorial sovereignty is decisive.

-inter-temporal law is a concept where in

such cases the situation in question must be
appraised, and the treaty interpreted in the light of
the rules of IL as they existed at the time not as
they exist today.
8
 PRESCRIPTION

The peaceful and continuous exercise

of sovereign activities for a long period
over territory subject to the sovereignty of
another.

9
Requirements of prescription:

The possession must be exercised a titre de

souverain (actual exercise of authority)

The possession must be peaceful and

uninterrupted it is not challenged by other
state.

The possession must be public

The possession must be for a certain length of

time 10
 CONQUEST

The taking possession of territory through

military force in time of war.

Under the doctrine of inter-temporal law, a

title acquired by conquest when force was
lawful cannot now be challenged, save
only if the right of self-determination
applies.

11
 Article 2(4) of the UN Charter:

All members shall refrain in their

international relations from the threat or
the use of force against the territorial
dignity or political independence of any
state, or in any manner inconsistent with
the purposes of the UN

12
At present, conquest no longer regarded as
a lawful mode of acquisition of territory.

The 1970 GA Declaration on Principles of

IL:

The territory of a state shall not be the object of

military occupation resulting from the use of force in
contravention of the provision of the Charter. The
territory of a state shall not be the object of
acquisition of another resulting from threat or use of
force. No territorial acquisition resulting from threat
or use shall be recognised as legal.
13
 Israeli occupation of Palestinian
territories.

Iraqi invasion of Kuwait.

14
 ACCRETION

The attainment of sovereignty over new

land as a result of natural forces. e.g by
gradual movement of a river bed.

15
 CESSION

Transfer of territory from one state to

another usually through treaty; may be for
money or in settlement of a dispute.

The treaty however must not be procured

by fraud, corruption or duress.

16
 The determination of territorial
disputes

Jurisprudence of the ICJ in territorial

disputes: 3-tier hierarchical decision
rule

Boundary treaties/awards
Constitute sources of legal title to
territory

17
Uti possidetis juris

The frontiers of newly independent states are

to follow the frontiers of the old colonial
territories from which they emerged and they
cannot be easily altered by unilateral action.

Frontier Dispute case (1986) ICJ Rep 554

Land, Island and Maritime Frontier Dispute
(1992) ICJ Rep 355

18
Sovereign activities (effectivites)

Effectivites have been recognised as the crucial

element of acquiring territorial sovereignty.

What acts of sovereignty are necessary to found

title will depend upon all relevant circumstances
of the case. e.g. the nature of territory involved,
the amount of opposition and international
reaction.

19
 Island of Palmas arbitration

Sovereignty over Pulau Ligitan and Pulau

Sipadan.

Sovereignty over Pedra Branca/Pulau Batu

Puteh

20
Acquiescence
The absence of protest when this might
reasonably be expected.
In certain circumstances, acquiescence will
have the effect of estoppel.

Recognition
By third states
May take the form of a unilateral express
declaration, or it may occur in treaty
provisions.

21
 Right to self-determination
The principle allows a people to determine their
own form of economic, cultural and social
development as well as political status free from
outside interference.

Principles of geographical continuity

A state is entitled to sovereignty over the land
adjacent to and extending from an area of territory
already under its control.

Principle of contiguity
A state may claim title over territory not forming
part of its and mass by virtue of being the nearest
sovereign states. 22