TERRITORY Flashcards
What is territorial sovereignty?
The “right to exercise therein, to the exclusion of any other state, the functions of a State.”
How would a state acquire territory historically?
To constitute a valid title to territory, occupation was needed
How would territorial boundaries of former colonies be affected by the granting of independence?
As a matter of uti poddidetis, territorial boundaries of former colonies remain the same on the granting of independence
What does occupation establish?
Title to territory (terra nullius)
What was the ICJ’s advisory opinion in the Western Sahara case?
“territories inhabited by tribes or peoples having a social and political organisation were not regarded as terrae nullius”
According to Weber (island of Palmas case), what is meant by effective occupation?
Occupation that is open, public and involves a continuous, peaceful display of state authority over an extensive period
What is meant by the critical date in a territorial claim and how is a claim made superior?
The date in which attribution of territorial sovereignty is decisive. A superior claim arises when the state demonstrates effective title immediately preceding the critical date
What is meant by prescription?
Acquisition of title by a public, peaceful and continous control of territory
How can a prescription claim be barred?
By a formally registered diplomatic protest in the appropriate international arena
What is meant by conquest, what are its requirements and provide an example
The taking of possession of enemy territory by military force in time of war.
2 requirements: Actual taking over (factum) + Intention to take over (animus)
HISTORICAL EXAMPLE: Baleares: Conquest by Crown of Aragon, 13th Century
What is meant by cession? Is it affected by treaty?
- The transfer of territory by one sovereign to another.
- Always affected by treaty e.g peace treaty after war
What are the requirements of cession and provide a historical example
REQUIREMENTS:
1. One party must assume sovereignty and the other relinquishes it. One sovereign state is thus replaced by another;
2. The acquiring sovereign cannot possess greater rights than those possessed by its predecessor
HISTORICAL EXAMPLE: Ceuta and Melilla –> Affected by Treaty of Peace and Friendship between Spain and Morroco
What is meant by new states?
Provide an example
The attainment of independence, in accordance with the principle of self-determination.
EXAMPLE: South Sudan (2011)
