Acquisition of territory
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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