PUBLIC INTERNATIONAL
LAW
LECTURE 8:
Territorial acquisition and Principles of Jurisdiction
in International law
Schedule I
A.
Territorial acquisition
1.
Occupation
2.
Prescription
3.
Accretion
4.
Cession
5.
Annexation
6.
Uti possidetis Juris
principle
Schedule II
A.
Principles of jurisdiction
1.
The territorial principle
2.
The nationality principle
3.
The protective principle
4.
The passive personality principle
5.
The universality principle
B.
Enforcement jurisdiction
C.
Conflict of jurisdiction
D.
Extradition
Territorial Acquisition
(1)
Occupation
:
When a particular territory is not under the authority of any
other state, a state can establish its sovereignty
over
such territory by
occupation. The territory may never have belonged to any state, or it may
have been abandoned by the previous sovereign. The PCIJ (Permanent Court
of
International
Justice) held
that
the
occupation to
be effective
must
consist of the following two elements
►
intention to occupy. Such intention must be formally expressed and it must
be permanent.
►
occupation should be peaceful, continuous.
There mere act of discovery by one state is not enough to confer a title by
occupation. There are two requirements:
►
(i) the territory subject to claim must not be under the sovereignty of nay
state (terra nullius)
►
(ii) the state must have effectively occupied the territory.
Territorial Acquisition
(2) Annexation
:
Annexation means to incorporate (territory) into
the domain of a country. Annexation is a unilateral act where
territory
is seized
by
one state. It can
also imply a certain
measure of coercion, expansionism or unilateralism. e.g 1961
annexation of Goa. Annexation of Golan Heights by Israel in 1967.
(3) Accretion:
Where a new territory is added mainly through
natural causes to territory already under the sovereignty of a
state, acquisition by accretion takes place. Accretion refers to
the
physical
expansion
of
an
existing
territory
through
geographical process.
Territorial Acquisition
(4) Cession:
When a state transfers its territory to another
state, acquisition by cession takes place in favour of such
later state. The
cession
of territory maybe voluntary
or
maybe under compulsion as a result of war. The act of
cession maybe even in the nature of a gift, sale, exchange
or
lease.
Cession is
the transfer
of
territory
usually
by
treaty from one state to another. e.g France
►
cession of Louisiana to U.S in 1803.
►
cession of Alaska. Purchases of Alaska by U.S (from Russia
in 1867).
Territorial Acquisition
(5) Prescription:
It means continued occupation over a long period of
time
by
one state
of
territory
actually
and originally
belonging
to
another state.
►
Requirements of prescription:
►
(i) the possession must be peaceful
►
(ii) the possession must be public
►
(iii) the possession must be for a long period of time.
