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Lawful Methods for the Acquisition of Sovereignty
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Lawful Methods for the Acquisition of Sovereignty
The international rules related to territorial sovereignty are rooted in the Roman Law provisions provisions governing ownership and possession. In addition, the classifcatio o the dierent modes o acquiring territory is a direct descendant o the Roman rules dealing with property.
Territory is the space within which the State eercises sovereign authority. authority. to territory is acquired either through the claim o land not previously owned !ter nullius" or through the transer o title rom one State to another. Title acquired in the frst category is called original title, while in the second category is called derivative title. #odes o original original acquisition o territory territory include occupation, occupation, prescription and accretion. $erivative modes include cession !voluntary or orci% and conquest conquest and anneation. anneation. &ll these these modes are dealt with with in the ollowing. ollowing.
!'" (ccupation
(ccupation is an original mode o acquisition %y a State o a title to a territory implies the esta%lishment o sovereignty over a territory not under the authority any other State !terra nullius" whether newly discovered or a%andoned %y the ormerly in control !unli)ely to occur". *'+
-or the title acquired through occupation to %e fnal and valid under Internatio Law, the presence and control o a State over the concerned concerned territory must %e eective.*' eective.*' /ectiveness requires requires on the part o the 0laimant State two elements1 an intention or will to act as sovereign, and the adequate eercise o sovereignty. sovereignty. Intention may %e inerred rom all the acts, although sometimes it may %e ormally epressed epressed in o2cial o2cial notifcations to to other States. &dequate &dequate eercise o sovereignty must %e peaceul, real, real, andSign continuous. This up to vote on this titleelement o physical assumption assumption may %e maniested %y an eplicit or sym%olic act %y legisla Useful Not useful or administrative measures aecting the claimed territory, or %y treaties with oth States recogni3ing recogni3ing the sovereignty sovereignty o the 0laimant State over the particular terri
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8rescription is a mode o esta%lishing title to territory which is su%9ect to the sovereignty o another State !not terra nullius" through peaceul eercise o de acto sovereignty over a long period o time. *': It is the legitimi3ation o a dou%tul title %y the passage o time and the presumed acquiescence o the orm sovereignty. It diers rom occupation. It relates to territory which has previous %een under the sovereignty o another State. ;owever, %oth modes are similar since they require evidence o sovereignty acts %y a State over a period o time.
& title %y prescription to %e valid under International Law, it is required that th length o time must %e adequate, and the pu%lic and peaceul eercise o de acto sovereignty must %e continuous. The 8ossession o 0laimant State must % pu%lic, in the sense that all interested States can %e made aware o it. It must % peaceul and uninterrupted in the sense that the ormer sovereign must consent the new sovereign. Such consent may %e epress or implied rom all the relevan circumstances. This means that protests o whatever means %y the ormer sovereign may completely %loc) any claim o prescription.
&s the requirement o adequate length o time or possession is concerned, th is no consensus on this regard. Thus, the adequacy o the length o period would decided on a case %y case %asis. &ll the circumstances You're Reading a Preview o the case, including the nature o the territory and the a%sence or presence o any competing claims will Unlock full access with a free trial. ta)en into consideration.
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&ccretion is a geographical process %y which new land is ormed mainly throu natural causes and %ecomes attached to eisting land. *'= /amples o such process are the creation o islands in a rive mouth, the drying up or the change in
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!A" 0ession
0ession o territory is a transer o sovereignty rom one sovereign to another *77 Its %asis lies in the intention o the concerned parties to transer sovereignt over the territory in question, and it rests on the principle that the right o transerring its territory is a undamental attri%ute o the sovereignty o a State. occurs %y means o an agreement %etween the ceding and the acquiring States. The cession may comprise a portion o the territory o the ceding State o the totality o its territory. In the latter case, the ceding State disappears and merges into the acquiring State.*7<
0ession o territory may %e voluntary as a result o a purchase, an echange, git, a voluntary merger, or any other voluntary manner, or it may %e made unde compulsion as a result o a war or any use o orce against the ceding State. *7A ;istory provides a great num%er o eamples o cession. *7+ /amples voluntary cession are the Bnited StatesC purchase o &las)a rom Russia in ':6, echange o a portion o 5essara%ia %y Romania to Russia in echange or $o%ru in ':6:, the -ranceCs git o Denice to Italy in ':, and the voluntary merger o Repu%lic o Teas into the Bnited States in '6=+. /amples o cession as a resul You're Reading a Preview a war are the cession to Eermany %y -rance o the region o &lsace> Lorraine in ':6', and the merger o Forea Unlock into Gapan inwith '='@. full access a free trial.
!+" 0onquest and &nneation
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part o 0onquest is an act o deeating an opponent State and occupying all or Sign up to vote on this title territory.*7 &nneation is the etension o sovereignty over a territory %y its Useful Not useful inclusion into the State.*76 Bnder traditional International Law, conquest did itsel constitute a %asis o title to the land. It was merely a military occupation. ollowed %y a ormal anneation o the conquered territory, then it was called
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Law 0oncerning -riendly Relations and 0o>operation among States in &ccordance with the 0harter o the Bnited HationsJ. *7= This $eclaration adds that the terri o a State shall not %e the o%9ect o acquisition %y another State resulting rom th threat or use o orce, and that no territorial acquisition resulting rom such act sh %e recogni3ed as legal.*<@
<hough today conquest is not a legal mode o acquiring title to territory, it d give the victor certain rights under International Law as regards the occupied territory, such as rights o %elligerent occupation. *<' The territory remains the legal possession o the ousted sovereign %ecause sovereignty does not pass %y conquest to the occupying State, although it may pass in certain cases where the legal status o the territory occupied is in dispute prior to the conquest.
&t present times, acquisition o territory ollowing a war would require urther international action in addition to internal legislation to anne. Such urther international action would %e either a treaty o cession %y the ormer sovereig international recognition.*<7
#odern eamples o anneation ollowing conquest are IsraelCs anneation o Eolan ;eights and the /ast Gerusalem, and IraqCs anneation o Fuwait in '==@. case o the Iraqi anneation, the Security 0ouncil adopted the resolution 7 o '==@ declaring that this anneation has no legal validity and is considered null a voidJ, and called upon all StatesYou're not to recogni3e this anneation and to rerain Reading a Preview actions which might %e interpreted as indirect recognition. *<< Unlock full access with a free trial.
Free Trial 0orresponding the modes oDownload acquiringWith territory, there are modes o losing it. Territory may %e lost %y epress declaration or conduct such as a treaty o cession or acceptance o cession, %y conquest, %y erosion or natural geographic activities, %y prescription or %y a%andonment. Sign up to vote on this title
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