PUBLIC INTERNATIONALLAWLECTURE 8: Territorial acquisition and Principles of Jurisdictionin International law
Schedule IA.Territorial acquisition1.Occupation2.Prescription3.Accretion4.Cession5.Annexation6.Uti possidetis Juris principle
Schedule IIA.Principles of jurisdiction1.The territorial principle2.The nationality principle3.The protective principle4.The passive personality principle5.The universality principleB.Enforcement jurisdictionC.Conflict of jurisdictionD.Extradition
Territorial Acquisition(1)Occupation:When a particular territory is not under the authority of anyother state, a state can establish its sovereigntyoversuch territory byoccupation. The territory may never have belonged to any state, or it mayhave been abandoned by the previous sovereign. The PCIJ (Permanent CourtofInternationalJustice) heldthattheoccupation tobe effectivemustconsist of the following two elements►intention to occupy. Such intention must be formally expressed and it mustbe permanent.►occupation should be peaceful, continuous.There mere act of discovery by one state is not enough to confer a title byoccupation. There are two requirements:►(i) the territory subject to claim must not be under the sovereignty of naystate (terra nullius)►(ii) the state must have effectively occupied the territory.
Territorial Acquisition(2) Annexation:Annexation means to incorporate (territory) intothe domain of a country. Annexation is a unilateral act whereterritoryis seizedbyone state. It canalso imply a certainmeasure of coercion, expansionism or unilateralism. e.g 1961annexation of Goa. Annexation of Golan Heights by Israel in 1967.(3) Accretion:Where a new territory is added mainly throughnatural causes to territory already under the sovereignty of astate, acquisition by accretion takes place. Accretion refers tothephysicalexpansionofanexistingterritorythroughgeographical process.
Territorial Acquisition(4) Cession:When a state transfers its territory to anotherstate, acquisition by cession takes place in favour of suchlater state. Thecessionof territory maybe voluntaryormaybe under compulsion as a result of war. The act ofcession maybe even in the nature of a gift, sale, exchangeorlease.Cession isthe transferofterritoryusuallybytreaty 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 Russiain 1867).
Territorial Acquisition(5) Prescription:It means continued occupation over a long period oftimebyone stateofterritoryactuallyand originallybelongingtoanother 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.