Lecture 8.pdf - PUBLIC INTERNATIONAL LAW LECTURE 8 Territorial acquisition and Principles of Jurisdiction in International law Schedule I A Territorial

Lecture 8.pdf - PUBLIC INTERNATIONAL LAW LECTURE 8...

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PUBLIC INTERNATIONAL LAW LECTURE 8: Territorial acquisition and Principles of Jurisdiction in International law
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Schedule I A. Territorial acquisition 1. Occupation 2. Prescription 3. Accretion 4. Cession 5. Annexation 6. Uti possidetis Juris principle
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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
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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.
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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.
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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).
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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.
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