Worksheet 6a Flashcards
What is territorial sovereignty? - reference the case the definition came from
Island of Palmas arbitration
The right to exercise therein (on the territory), to the exclusion of any other state, the functions of sovereign
How many aspects does territorial sovereignty have?
Two
What are the aspects of territorial sovereignty?
Internal and external
Differentiate between internal and external sovereignty
Internal: the authority exercised by a state within its borders over persons and situations/ events that occur there
External: a state must respect the territorial sovereignty of other states - it must not interfere in other states’ internal and external affairs and must ensure the safety of foreign nationals present within its territory
Which aspect of territorial sovereignty has an obligation and what is the name of this obligation?
External
Principle of non-intervention
In addition to territorial sovereignty, what are the three other territorial regimes by international law?
- Territory not subject to the sovereignty of any state or states and which possess a status of its own
- Terra nullis or land legally susceptible to acquisition by other states, but not yet placed under any territorial sovereignty
- Res communis: consisting of the high seas, and also outer space, which is not capable of being placed under the sovereignty of any state it belongs to the community of states
How many types of territorial sovereignty are there?
Four
Name the four types of territorial sovereignty?
- Titular and effective sovereignty.
- Terminable and reversionary sovereignty
3: condominium
4, indeterminate sovereignty
What is another name for titular sovereignty?
Residential sovereignty
Differentiate between titular and effective sovereignty
Titular sovereignty is possessed by an entity with the ultimate capacity to dispose of the territory
Effective sovereignty is attributed to an entity which exercises plenary actual power over the territory, but lacks the capacity of ultimate disposal
What is a condominium?
When two or more states jointly exercise sovereignty over a piece of territory & its inhabitants
What is terminable and reversionary sovereignty?
Where sovereignty of a territory changes by operation of law as a result of fulfillment of a condition or a failure to meet an express or implied condition
What is indeterminate sovereignty?
When a territory which is not terra nullis nevertheless has no determinate sovereignty
What is an example of titular sovereignty?
Colonialism: UK was titular because they had the title to the land and ability to dispose
What is an example of effective sovereignty?
Colonialism: the governors governing
What are the four sets of rules applicable to the acquisition of title of territory?
- Jus cogens rules
- Specific principles applicable to the acquisition of territory
- The critical cute rule
- Evidentiary rules
What are the rules of jus cogens as it pertains to the acquisition of title to territory?
Such as prohibition (other than in self defense or as mandated by the UNSC ) of the threat or use of force against the territorial integrity or the political independence of a state, the principles of settlement of a dispute in a peaceful manner and the principle of self-determination
Differentiate between the specific principles applicable to the acquisition of territory
- The principle of effectiveness: how a factual situation affects the creation of a right
- The principle of ius possidetis: old colonial boundaries will be recognized as the boundaries of the newly independent ex colonial states
- Intertemporal law: whether a judicial fact should be appreciated in light of the law contemporary with it or in light of in law in existence when a matter or dispute arose or failed to be settled
What is the critical date rule?
A procedural rule which refers to the date on which a territorial dispute crystallized
What happens after the critical date in the critical date rule?
Subsequent events will not be taken into account in the determination of the rights of the parties
What are the three evidentiary rules?
- Recognition
- Acquiescence
- Estoppel
What is the evidentiary rule of recognition?
In respect to land claims mainly refers to the attitude of third states
By a unilateral declaration or by an international treaty, they may show that they have accepted a particular situation
A state may also by positive conduct, even if contrary to an existing treaty, acknowledge that its opponent has a valid title to disputed territory
What is the evidentiary rule of acquiescence?
The attitude of a dispossessed state and is inferred by the state’s failure to protest in circumstances when protest may reasonably have been expected against failure
What is the evidentiary rule of estoppel?
Arses when a state’s conduct is clear, sustained and consistent and the other party relying on such conduct has changed its position to its own cletrement or has suffered some prejudice
