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Territory
Sovereignty
State
What is State Territory??
• State territory has been defined as “portion of
globe which is subjected to the sovereignty of a
State.”
Air Space
above land
& water
territory
Administrati Effective
Possession Occupation
on
• The fact that she has not exercised her authority there in a
positive manner does not imply the forfeiture of an acquisition
already definitely perfected.
Prescription requires fulfillment of
certain conditions
Peaceful & Possession
uninterrupted should be in
possession public
No acceptance Possession
of sovereignty of should for a
any other states
over the said definite
territory Title by period
Prescription
Common features of Occupation &
Prescription
•Both connect the title on the basis of a titre de
1.) souverain. (Authority of state)
Will to De facto
exercise sovereignt
sovereignt y for long
y period
OCCUPATION PRESCRIPTION
Must
Actual be
authority open &
public
Features distinguishing Occupation &
Prescription
OCCUPATION PRESCRIPTION
Title acquired when legality of the
Terra Nullius acquisition cannot be
demonstrated
Cession
5.) Conquest & the use of force
• Established principle in Municipal Law: “An
illegal act cannot give birth to a right in law.”
• Inter-temporal Law
• Sovereign Activities: (effectivites)
• The role of subsequent conduct: Recognition,
Acquiescence and Estoppel
• The doctrine of uti possidetis
Inter-temporal law
• Title must be valid in accordance with
The Concept the law in force at the time at which it is
claimed to have been established.
Effective
Possession
& Control
Title
becomes
definitive
Acquiescence
The doctrine of uti possidetis
Effectivites
Territorial
Integrity
Self
Uti determina
Possidetis tion
The Doctrine
• The essence of the principle lies in its
primary aim of securing respect for the
territorial boundaries at the moment
when independence is achieved. Such
territorial boundaries might be no more
than delimitations between different
administrative divisions or colonies all
subject to have the same sovereign. In
that case, the application of the
principle of uti possidetis resulted in
Burkina Faso v. Republic of Mali
Common Heritage
Regulate exploration &
exploitation, establish
management mechanism,
employ criterion of equity
in distributing benefits of
such activity
Some Conventions under this principle
• Outer Space
Outer Space Treaty, 1967
The Polar Regions
The arctic region
The Antarctica
The Uniqueness of Antarctica
The Antarctic • The Antarctic Treaty & related
agreements, collectively known as
Treaty the Antarctic Treaty System (ATS),
regulate international relations w.r.t.
System Antarctica.
Prohibits
No claim
Disposal of
of
Radioactive
sovereignty
Wastes