acquisition of territory n.
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Acquisition of Territory. Modes of Acquisition. Cession: Transfer from one state to another, usually by treaty Occupation of terra nullius : Never belonged to anyone, or Abandoned (intentionally, not just through neglect) Occupied (with intent)when place under effective control

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modes of acquisition
Modes of Acquisition
  • Cession: Transfer from one state to another, usually by treaty
  • Occupation of terra nullius:
    • Never belonged to anyone, or
    • Abandoned (intentionally, not just through neglect)
      • Occupied (with intent)when place under effective control
      • Look at nature of territory
      • Does anyone else claim it
modes of acquisition1
Modes of Acquisition
  • Prescription
    • Belonged to another state
    • Control with intent
    • Probably requires other state to agree
  • Operations of Nature
  • Adjudication: mainly limited to drawing line
modes of acquisition2
Modes of Acquisition
  • Conquest: An aggressor cannot acquire territory by conquest [Stimson Doctrine]
    • How about the state attacked???
    • Does not apply to civil wars
  • Acquiescence, recognition, and Estoppel
    • Acquiescence requires express statement
    • Recognition by third parties
    • Estoppel requires detriment
modes of acquisition3
Modes of Acquisition
  • Intertemporal Law: Validity of an acquisition of territory depends on the law in force at the moment of the alleged acquisition
modes of acquisition4
Modes of Acquisition
  • Political Arguments: evidence of presumption of effective occupation
    • Geographical contiguity
    • Historical continuity
    • Self-determination
  • Minor Rights
    • Condominium: agree to joint sovereignty
    • Lease
modes of acquisition5
Modes of Acquisition
  • Servitudes: territory belonging to one made to serve the interests of another
    • Run with the land, change of sovereign do not affect