Territorial Sovereignty Flashcards
How can States acquire sovereignty over territory?
Cession- a right to territory may be conferred by treaty, provided the transferee takes in accordance with the treaty. An actual transfer is not required.
Occupation- Must be a display of authority. Intention to act as sovereign and actual display of authority both necessary. Happens after discovery.
Conquest- No longer available due to UN Charter, but was permissible previously.
Discovery- Land must be Terra Nullius
Accretion- Land grows
Prescription- Peaceful, continued occupation by one state of territory actually and originally belonging to another State.
What is Uti Possedtis juris?
provides that upon independence, new states inherit the territories and boundaries of former colonial provinces. This has since been applied even in non-colonial cases, such as the break up of former Yugoslavia.
Island of Palmas Case
US claimed sovereignty to an Island based on cession by Spain to the US in 1898. The tribunal found that the island was possessed by The Netherlands at this time.
Established that title under contiguity has little weighting in international law.
Critical date was 1898 as this was when Spain tried to sign the island to USA.
Western Sahara Advisory Opinion
Morocco claims Western Sahara. Spain withdrew control in 1976, and the Polisario front declared it independent. Morocco claimed it had ‘legal ties’ with Western Sahara amounting to sovereignty at the time of its colonisation by Spain in 1884.
Was Western Sahara Terra Nullius when colonised by Spain?
No, local persons had systems which amounted to representation. Local persons were not formally a State despite their organisation.
Did Morocco have legal ties with Western Sahara?
None that would amount to sovereignty.
Eastern Greenland Case.
Permanent Court of International Justice
1931- Norway declared it owned a bit of Greenland. Critical Date.
Denmark had colonies everywhere in Greenland
Norwegian declaration was invalid
Denmark had exercised state authority during many centuries
What is inter temporal law?
We must look at the circumstances of the law at the time the acts occurred.
Clipperton Island Case
France v Mexico
Terra Nullius case
Who owns Antarctica?
Antarctic Treaty 1959
Nobody can claim territory of Antarctica
Sovereignty over Space
The Outer Space Treaty, formally the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space
1979 Moon Treaty
