~ ACQUISITION AND LOSS OF STATE TERRITORY | Q. Explain various modes of acquisition of territory under International Law. (2008/S) i Q. Explain the various methods of acquisition of territory in International Law. (2005) Q. Explain the various methods of aequisition of | territory in International Law. (2006/S) | | | | | Q. What is sovereignty? How a state acquires and! loses the territory? (2013/A) eile1 INTRODUCTION state has four essentials namely population, territory. government and sovereignty. Territory 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: the 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 gver 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, 3. SOVEREIGNTY: Sovereignty is the supreme. original and unlimited power exercised over all person within the bounglaries the state, independent of every outside power. 3. MODES OF ACQUIRING TERRITORY Following are modes of acquiring territory. aw ‘ ()" Qecupation Occupation in International Law means act of appropriation by a state over a territory Whi 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 seen whether there is effective occupation of that state over the territory concerned.” @) E Occupation ntials Elements for —_ Effective There are two essential elements that constitute _an_effecti pation over another (b) Case Law U.S.A vs Netherland 1929 > Held ce For acquiring sovereign over a particular territory effective occupation is necessary. \ Prescription If a state exercises control over a ‘territory. continuously. for a long time without any interruption and possesses it defacto. the concerned territory becomes part of .that state. This mode is known as prescription, Internationat Law doe: not fix any certain time SO as to a title by prescription. Towever lean lime sured oe @ matter which should be decided by internationalcourt of justice or gribunal where the case is broughy for adjudicati w@ Conditions A state may acquire some territory by prescription only when the following conditions ae fulfilled. (i) Where occupying state has not accepted the overeignty” of any other—state over the sai (grritory (ii) Possession should be peaceful. (iii) There should be no interruption. (iv) Possession should be for a definite pe (iii) Accretion When a new territory is added, mainly through natural_causes to existing territory. that already under sovereigh of acquiring state (i) Forms of Aceretion (i) Artificial (i) Natura (iv) Cession Cession is the transfer of sovereizn to another tate. over @ elite Serio (i) Forms of Ce @ Voluntary.(Annexation, It is the acquisition of the ter ry of an 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 memb cannot acquire territories by annexation. (vi) Lease A state may give territory to another state under lease for a certain period. Pledge Pledge ‘im. also! a-mode. of acquiring state territory. Under some circumstances a state is compelled to pledged of ii ti in return of certain amount of money. 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. MODES OF LOSING TERRITORY @ Cession The acquisition of territory by one state is loss to the other. (iiision may De mM the Faces Operation of Nature state may lose territory by operation of tt ed by earthquake, a coast of the sea g nature for e4 h Island may altogether disappear. ~ Subjugation As a state may acquire territory through annexation. the other state may lose it through subjugation. (iv) Prescription Where a state acquired a particular territory for a long period. on the contrary the state which land is occupied loses the terri tory. (v)_Revolt When a new state takes birth it Toa aduences of revolution or revolt it would bt lost of territory by revolt. - (i) Renunciation ’ Renunciation is a mode of losing territory eu \ is the very opposite of yi ‘Upation which re i nt quires both po: bs intention, Possession (iil) dependence to Cotony Grantin, 8 Of indeper @ mode of singin independence sc ab to a colony is!Ep ALS — eee Se ee eee iy, 2g KINDS OF CESSION i) Valid Any act which indicates an intention to transfer sovereignty is sufficient. ) Voluntary The act of cession may be voluntary or under compulsion as a result of war. mys CONCLUSION To conclude it can be said that territory is an important. element for state. The occupation. accretion, ssion, prescription are modes of acquiring territory by the sate, The concept of territorial sovereignty signifies the ce) &