Acquisition of Territorial Sovereignty
Q What are the modes of acquiring territorial sovereignty?
Ans Acquisition of Territorial Sovereignty
International law generally recognizes five modes of acquiring territorial sovereignty by a state, they are
(1) Occupation: When a particular territory is not under the authority of any other state, a state can establish its sovereignty over such territory by occupation. The territory may never have belonged to any state, or it may have been abandoned by the previous sovereign. The PCIJ( permanent court of international justice) held that the occupation to be effective must consist of the following two elements
(i) intention to occupy. Such intention must be formally expressed and it must be permanent.
(ii) occupation should be peaceful, continuous.
There mere act of discovery by one state is not enough to confer a title by occupation. There are two requirements (i) the territory subject to claim must not be under the sovereignty of nay state ( terra nullius) (ii) the state must have effectively occupied the territory.
(2) Annexation: Annexation means to incorporate (territory) into the domain of a country. Annexation is a unilateral act where territory is seized by one state. It can also imply a certain measure of coercion, expansionism or unilateralism. e.g 1961 annexation of Goa. Annexation of Golan Heights by Israel in 1967.
(3) Accretion: 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.
(4) Cession: 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. e.g France cession of Louisiana to U.S in 1803.
cession of Alaska. Purchases of Alaska by U.S (from Russia in 1867).
(5) 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 (i) the possession must be peaceful (b) the possession must be public (iii) 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 doesnot prescribe any fixed period for prescription.
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.
Ans Acquisition of Territorial Sovereignty
International law generally recognizes five modes of acquiring territorial sovereignty by a state, they are
(1) Occupation: When a particular territory is not under the authority of any other state, a state can establish its sovereignty over such territory by occupation. The territory may never have belonged to any state, or it may have been abandoned by the previous sovereign. The PCIJ( permanent court of international justice) held that the occupation to be effective must consist of the following two elements
(i) intention to occupy. Such intention must be formally expressed and it must be permanent.
(ii) occupation should be peaceful, continuous.
There mere act of discovery by one state is not enough to confer a title by occupation. There are two requirements (i) the territory subject to claim must not be under the sovereignty of nay state ( terra nullius) (ii) the state must have effectively occupied the territory.
(2) Annexation: Annexation means to incorporate (territory) into the domain of a country. Annexation is a unilateral act where territory is seized by one state. It can also imply a certain measure of coercion, expansionism or unilateralism. e.g 1961 annexation of Goa. Annexation of Golan Heights by Israel in 1967.
(3) Accretion: 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.
(4) Cession: 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. e.g France cession of Louisiana to U.S in 1803.
cession of Alaska. Purchases of Alaska by U.S (from Russia in 1867).
(5) 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 (i) the possession must be peaceful (b) the possession must be public (iii) 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 doesnot prescribe any fixed period for prescription.
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.
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