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Q. What are modes of acquisition and loss of territory under international law. (1997)
1. Introduction:
The state has four essentials namely prpulation territory, government and sovereignty. terrotory
is one of the four elements which a state in order to be an international person must possess.
the state must have a fixed territory the territory of the state includes not only land within its
jurisdiction, but also the natural resources. Lakes, rivers and the mariginal sea. the air space
above the land is also part of the territory. the state jurisdiction is exercised by the state over
persons and property within a particular territory.
2. Definition:
Oppenheim:
"State territory is that definite portion of the surface of the globe which is subjected to the
sovereignty of the state."
(i) Occupation:
Occupation in international law means an act of appropriation by a state over a territory which
does not belong to any other state.
Stark's views:
"In order to see whether a state has occupation over a particular territory it is see whether there
is effective occupation of that state over the territory concerned."
There are two essential elements that constitute an effective occupation of that state over
another territory.
U. S. A vs Netherland 1929:
Held:
(ii) Prescription:
If a state exercises control over a territory continuously for a long time without any interruption
and possess it defacto, the concerned territory becomes part of that state. this mode is known
as prescription international law does not fix any certain time so as to a title by prescription.
however length time required for prescription is a matter which should be decided by
international court of justice or tribunal where the case is brought for adjudication.
(i) Conditions:
A state may acquire some territory by prescription only when the following conditions are
fulfilled.
(i) Where occupying state has not accepted the sovereignty of any other state over the said
territory.
(iv) Possession should be for a definite period not less than 20 years.
(iii) Accretion:
When a new territory is added, mainly through natural causes to existing territory, that is already
under sovereign of acquiring state.
(i) Artificial.
(ii) Natural.
(iv) Cession:
Cession is the transfer of sovereign over a definite territory by one state to another state.
(i) Voluntary.
(ii) Under compulsion.
(v) Annexation:
It is the acquisition of the territory of an enemy through the military force in time of war.
U. S Charter on Annexation:
This mode has been greatly affected by UN charter by Art. 2(4) under which member state
cannot acquire territories by annexation.
(vi) Lease:
A state may give territory to another state under lease for a certain period.
(vii) Pledge:
Pledge in also a mode of acquiring state territory. under some circumstances a state is compelled
to pledged of part of it territory in return of certain amount of money.
(viii) Adjudication:
Adjudication is also mode of acquiring territory. it occurs where a conference of the victorious
powers at the end of a war assigns territory to a particular state for the sake of settlement of
peace.
(i) Cession:
the acquisition of territory by one state is loss to the other. the act of cession may be in the
nature of gift, sale, exchange or lease.
A state may lose territory by operation of nature for e. g. by earthquake, a coast of the sea a
Island may altogether disappear.
(iii) Subjugation:
As a state may acquire territory through annexation, the other state may lose it through
subjugation.
(v) Revolt:
When a new state takes birth in consequences of revolution or revolt it would be lost of territory
by revolt.
(vi) Renunciation:
Kinds of cession:
(i) Valid:
(ii) Voluntary:
5. Conclusion:
To conclude it can be said that territory is an important element for state. the occupation,
accretion, cession, prescription are modes of acquiring territory by the state. the concept of
territorial sovereignty signifies the fact that within a particular territory jurisdiction is exercises
by the state. the state territory may also be lost in different ways.