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6.1 Territory. State territory is the portion of surface of the globe which is subjected to the sovereignty of the state- land, air, sea, subsoil… Territories can be acquired or have been acquired by several means. 6.2 occupation. It is a means of acquiring a territory that is terra nullius.
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6.1 Territory • State territory is the portion of surface of the globe which is subjected to the sovereignty of the state- land, air, sea, subsoil… • Territories can be acquired or have been acquired by several means
6.2 occupation • It is a means of acquiring a territory that is terra nullius. • Occupation is preceded by discovery, but discovery alone is not enough as there is need for the publication of the discovery followed by effective occupation. • Effective occupation relates to the actual exercise of sovereignty. In areas that are inhabitable may be minimal- meaning minimum overt actions may be sufficient. Read Cllipperton Island Arbitration case, Island of Palmas Case. • Date of location of sovereignty is critical- the western Sahara case, El Salvador vs Honduras case.
6.3 prescription • Prescription is the acquisition of a territory by public, peaceful and continuous control of territory. It is different from occupation in that terra nullius is involved. • Length of time required is not stated as it is dependent on circumstances of each particular case, the geographical nature of the territory and the existence or absence of competing claims.
6.4 conquest • Is the taking of territory by force most often involving war. • Conquest under modern international law is no longer recognized. Attempts by Iraq over Kuwait led to resolution 660. • About territories acquired when it was lawful –doctrine of intertemporal law works.
6.5 cession • Means the transfer of territory by one sovereign to another normally done through a treaty-Versailles treaty, Japan treaty of peace • It may also take the form of exchange (1890 Britain and German exchange Zanzibar and Heligoland).sale (Louisiana from France and Alaska from soviet union).
6.6 Accretion and Avulsion • Through geographical processes. • Accretion involves gradual increase of territory through operation of nature e.g shift in river course Mississippi vs Louisiana • Avulsion through violent changes alteration of a river course of volcanic eruption.
6.7 self determination and independence • The attainment of independence with the principle of self determination involves the replacement of a territory by another hence gives title to the territory. • An entity that comes through unconstitutional means survival is dependent on recognition.
6.8 polar regions • There has been contentions to the ownership. • A number of conventions have been drafted given the use of these regions as navigation under frozen water is possible • For the Antarctica, key article prohibits any activity relating to mineral resources other than scientific research.
