TERRITORY OF STATES

Territory, defined – fixed and permanent portion on the earth’s surface inhabited by the people of the state
and over which it has supreme control - jurisdiction is co-extensive of territory
Characteristics of Territory
1. Permanent – portion of the earth’s surface (terrestrial portion)
2. Definite – capable of delimiting or defining its territories and boundaries (important to determine
jurisdiction)
3. Sustainability – must be capable of providing the needs of the population; sufficient natural resources so
that population can thrive
4. Defendability – territory should be capable of being defended (requires administration); state has
capability of imposing its will through its laws
Modes of Acquiring Territories under International Law (domestic proclamations as to the extent of
territory of a state in non-binding in public international law)
1) Discover or Occupation
- must not belong to another state; otherwise, violation of territorial integrity of another state is considered an
act of aggression - no requirement that is not inhabited; but inhabitants must not be subjects of another
state
- capable of administration (state has capability of imposing its laws and establishing a government over that
occupied and discovered territory)
- to complete process, requires administration of discovered and occupied territory
- Inchoate Title of Discovery – failure of a discovering and occupying state to administer territory lack of
actual administration - it is possible that a different state will complete the claim by administration
- Concept of Dereliction – physical withdrawal of a state from a discovered and occupied territory with the
intention of relinquishing or abandoning all legal claims
*Territories not subject to discovery and occupation: (res communes- for the benefit of all mankind;
outside the commerce of man)
a. open sea/high sea/international water b. outer space and all heavenly bodies
*legal definition of outer space: is the space above the karman line, which the part of the earth’s atmosphere
wherein life can no longer be independently sustained
*1950’s – satellite “sputnik”; Russians initiated space race; UN created Ad Hoc Committee on The Peaceful
Use of Outer Space – first international material defining the proper use of space; pre-cursor to the Outer
Space Treaty
Outer Space Treaty - formally the Treaty on Principles Governing the Activities of States in the Exploration
and Use of Outer Space, including the Moon and Other Celestial Bodies, is a treaty that forms the basis of
international space law; 77 members
Salient Provisions:
a. all states are free to explore outer space but no sovereign claim over outer space should be exercised-
outer space is for the benefit of all mankind;
b. cannot introduce nuclear weapons/weapons of mass destruction in outer space- only allowable use of
outer space is for peaceful purposes;
c. states are responsible for any damage that their instrument may cause in space and on earth
*How to Determine?
a. all space objects should be registered;
b. all space objects should carry one flag
Treaties/Agreements which further substantiated the Outer Space Treaty
1. Rescue Agreement
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- for unintended landing of astronauts for emergency reasons; all signatories are mandated to assist
2. Liability Convention
- Art 1: a launching state shall be absolutely liable to pay compensation for damages caused by its space
objects on the surface of the earth or in space itself
3. Registration Convention
- to keep track of all space objects launched, UN will require all states to register their space objects
4. Moon Agreement
- gives more detail to property rights and usage of the moon; limited to exploration and scientific study of the
moon; the moon cannot be claimed by a single state
*Private entities (multinational corporations) are bound by these treaties; they should carry the flag of the
corporation’s nationality
2) Cession
- a derivative mode of acquisition by which a territory belonging to one state is transferred to a sovereignty of
another state in accordance with a voluntary agreement between them ex. Treaty of Paris (December 10,
1898)- Ph from Spain to America Sabah (in malay, “the land beneath the wings”)- given by a Sultan in
Brunei to a Sultan in Sulu
3) Conquest and Subjugation
- presupposes the existence of war or conflict
- in the course of a war, one territory will be conquered and annexed to the territory of the conquering state
- recognized by the traditional principles of PIL
- considered an act of aggression under the UN Charter (international crime)
4) Prescription
- continuous and adverse possession of territory will ripen into ownership
- no treaty or consensus on period of prescription under PIL
5) Accretion
- natural process (gradual deposit of soil in coast of the sea) or human labor
Different Domains or Components of a Territory Under PIL
1. Terrestrial Domain – landmass of a state
2. Aerial Domain – air space
3. Fluvial Domain – water
4. Maritime Domain – water
Aerial Domain
- karman line - corresponds to territorial domain; included as a component of territory due to the invention of
aircrafts
Treaty of Versailles – regulates air space
*Up to what extent can a state enter an air space of another state?
a. Military aircrafts – obtain voluntary consent or permission from the state; otherwise, considered as an act
of aggression regardless of purpose
b. Private aircrafts – sufficient that the state is a signatory of the Chicago Interconvention on Civil Aviation
**Chicago Inter-convention on Civil Aviation
5 Air Freedoms (for private aircrafts and airliners)
a. Overflight Without Landing
- merely uses airspace of a state
- to save fuel and time; fixed route
b. Landing for Non-Traffic Purposes

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- traffic refers to commercial purposes; either to embark or put down passengers or cargo
- address emergency by landing on a state (medical concerns, mechanical troubles)
c. Put Down Traffic
- to put down passengers or cargo in state of destination
d. Put Down and Embark Traffic
- to put down passengers or cargo in state of destination and then embark the same back to the state of
origin
e. Put Down or Embark Traffic Through a Third State
- the right or privilege, in respect of scheduled international air services, granted by one State to another
State to put down and to take on, in the territory of the first State, traffic coming from or destined to a third
State

*Cabotage – prohibition under the convention for an airliner of one state to conduct domestic operations
within the territory of another state; vs.
*Open Sky Policy – if 2 or more states will adopt such policy, then the international airliner can conduct
domestic operations (reciprocity)
Maritime Domain - waters adjacent to the coast of a state with a specified limit normally defined by a treaty
or convention
Fluvial Domain - internal waters/inland waters within the territory/national waters of a state; waters within the
landmass ex. lakes, rivers, stream