Professional Documents
Culture Documents
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Defined territory is a legal
requirement of statehood.
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The different part of state territory
Land territory
the land including its subsoil within its
boundaries
Maritime territory
The territorial sea of a state
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OCCUPATION
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Basic requirements:
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The occupation must be effective:
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Requirements of prescription:
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Article 2(4) of the UN Charter:
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At present, conquest no longer regarded as
a lawful mode of acquisition of territory.
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ACCRETION
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CESSION
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The determination of territorial
disputes
Boundary treaties/awards
Constitute sources of legal title to
territory
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Uti possidetis juris
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Sovereign activities (effectivites)
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Island of Palmas arbitration
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Acquiescence
The absence of protest when this might
reasonably be expected.
In certain circumstances, acquiescence will
have the effect of estoppel.
Recognition
By third states
May take the form of a unilateral express
declaration, or it may occur in treaty
provisions.
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Right to self-determination
The principle allows a people to determine their
own form of economic, cultural and social
development as well as political status free from
outside interference.
Principle of contiguity
A state may claim title over territory not forming
part of its and mass by virtue of being the nearest
sovereign states. 22