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Acquisition of Territory

Acquisition of Territory. Modes of Acquisition. Cession: Transfer from one state to another, usually by treaty Occupation of terra nullius : Never belonged to anyone, or Abandoned (intentionally, not just through neglect) Occupied (with intent)when place under effective control

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Acquisition of Territory

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  1. Acquisition of Territory

  2. Modes of Acquisition • Cession: Transfer from one state to another, usually by treaty • Occupation of terra nullius: • Never belonged to anyone, or • Abandoned (intentionally, not just through neglect) • Occupied (with intent)when place under effective control • Look at nature of territory • Does anyone else claim it

  3. Modes of Acquisition • Prescription • Belonged to another state • Control with intent • Probably requires other state to agree • Operations of Nature • Adjudication: mainly limited to drawing line

  4. Modes of Acquisition • Conquest: An aggressor cannot acquire territory by conquest [Stimson Doctrine] • How about the state attacked??? • Does not apply to civil wars • Acquiescence, recognition, and Estoppel • Acquiescence requires express statement • Recognition by third parties • Estoppel requires detriment

  5. Modes of Acquisition • Intertemporal Law: Validity of an acquisition of territory depends on the law in force at the moment of the alleged acquisition

  6. Modes of Acquisition • Political Arguments: evidence of presumption of effective occupation • Geographical contiguity • Historical continuity • Self-determination • Minor Rights • Condominium: agree to joint sovereignty • Lease

  7. Modes of Acquisition • Servitudes: territory belonging to one made to serve the interests of another • Run with the land, change of sovereign do not affect

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