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Questions and Answers
What legal process involves the gradual deposit of soil by a river, thereby extending a state's territory?
What legal process involves the gradual deposit of soil by a river, thereby extending a state's territory?
Which of the following accurately describes the outcome of the Clipperton Island case?
Which of the following accurately describes the outcome of the Clipperton Island case?
What is the term for the abrupt loss of land due to water action?
What is the term for the abrupt loss of land due to water action?
What term describes the transfer of sovereignty from one state to another through mutual agreement?
What term describes the transfer of sovereignty from one state to another through mutual agreement?
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Which statement is true regarding the legality of acquiring territory by conquest under international law?
Which statement is true regarding the legality of acquiring territory by conquest under international law?
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What does territory mean in the context of international law?
What does territory mean in the context of international law?
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Which of the following is considered a traditional method of acquiring territory?
Which of the following is considered a traditional method of acquiring territory?
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The principle of continuity states that a state has rights over adjacent vacant territory when it establishes what?
The principle of continuity states that a state has rights over adjacent vacant territory when it establishes what?
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What is the primary basis for a state's claim to territory under the doctrine of discovery?
What is the primary basis for a state's claim to territory under the doctrine of discovery?
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In the Island of Palmas case, the United States based its claim to the island on what historical event?
In the Island of Palmas case, the United States based its claim to the island on what historical event?
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Which of the following methods of acquiring territory involves prolonged control by one state over land originally belonging to another state?
Which of the following methods of acquiring territory involves prolonged control by one state over land originally belonging to another state?
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What is an essential characteristic of territory regarding a state's exercise of sovereignty?
What is an essential characteristic of territory regarding a state's exercise of sovereignty?
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Which of these terms describes the concept that a state's settlement allows it to claim sovereignty over necessary adjacent areas?
Which of these terms describes the concept that a state's settlement allows it to claim sovereignty over necessary adjacent areas?
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What role did the Clipperton Island case play in international territorial disputes?
What role did the Clipperton Island case play in international territorial disputes?
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Describe the implications of cession in international relations.
Describe the implications of cession in international relations.
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Explain the difference between accretion and avulsion in territorial changes.
Explain the difference between accretion and avulsion in territorial changes.
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How has the United Nations Charter affected the legality of acquiring territory by conquest?
How has the United Nations Charter affected the legality of acquiring territory by conquest?
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What geographical phenomena can lead to new land formations through the process of accretion?
What geographical phenomena can lead to new land formations through the process of accretion?
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What does the term 'terra nullus' refer to in the context of acquiring territory?
What does the term 'terra nullus' refer to in the context of acquiring territory?
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Describe the principle of continuity in relation to a state's rights over adjacent vacant territory.
Describe the principle of continuity in relation to a state's rights over adjacent vacant territory.
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What is occupation in international law, and how does it differ from discovery?
What is occupation in international law, and how does it differ from discovery?
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List two traditional modes of acquiring territory other than discovery.
List two traditional modes of acquiring territory other than discovery.
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What role does prescription play in the acquisition of territory?
What role does prescription play in the acquisition of territory?
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In what way did the United States justify its claim to the Island of Palmas in the 1928 arbitration?
In what way did the United States justify its claim to the Island of Palmas in the 1928 arbitration?
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How is maritime territory defined in the context of a state's domain?
How is maritime territory defined in the context of a state's domain?
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Explain the impact of the cessation method on state territory.
Explain the impact of the cessation method on state territory.
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Study Notes
Public International Law (GOVT 2047) - Title to Territory
- Territory in international law is any area on Earth's surface under sovereign rights and interests.
- It's a defined area where a state exercises jurisdiction over people and things, excluding other states.
- A state's domain includes terrestrial, maritime, and aerial areas
What Determines Territory?
- Territory is a fundamental attribute of a state.
- Sovereignty over a territory is essential for a state's functions, enabling activities and responsibilities.
Acquisition of Territory
- Traditional methods of acquiring state territory include:
- Discovery
- Occupation
- Prescription
- Cessation
- Annexation
- Assimilation
- Conquest
Discovery
- Discovery is the oldest method of claiming territory.
- Until the 18th century, simple discovery was enough to establish legal title concerning terra nullius (land not previously claimed by a state).
- "Physical" or "visual" discovery granted a claimed right of sovereignty.
Continuity (related to discovery)
- If a state settles an area, it can claim sovereignty over adjacent unoccupied territory - crucial for security and integrity.
Occupation and Prescription
- Occupation means continuous claim to territory previously belonging to another state.
- Prescription involves continuous occupation of territory for a long time, often changing rightful ownership.
- These processes often involve disputed claims and need to be examined in factual cases.
Island of Palmas Case (1928)
- The case disputed Palmas Island ownership between Netherlands and the US.
- The US claimed it as part of the Philippines due to proximity and Spain’s prior discovery rights.
- The Netherlands argued continuous possession from 1677.
- The court supported Netherlands' claim.
Clipperton Island Case
- An arbitration settled the sovereignty over the Clipperton Island conflict between France and Mexico.
- The case showcased arbitration's role in resolving international disputes.
- France won the claim to the island.
Title by Accretion
- Accretion involves new land gradually accumulating due to water action (e.g., river deposits).
- This can expand a state’s territory and marine frontiers.
Avulsion
- Avulsion is a sudden land loss due to water action.
- This sudden shift drastically alters borders.
Conquest and Annexation
- Conquest is no longer a legitimate method to acquire territory under the UN Charter.
- Still, some states use force to acquire land, e.g., Iraq/Kuwait and Russia/Ukraine.
Cessation
- Cession is the transfer of territory sovereignty through mutual agreement between states.
- Acquisition usually follows a bilateral treaty outlining the ceded territory.
- Cessions include exchanges, gifts, or donations of land.
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Description
This quiz covers key concepts regarding territorial rights in international law, including the meaning of territory, its role in state sovereignty, and various methods of territorial acquisition. Explore the historical aspects of how states claim and maintain jurisdiction over land, maritime, and aerial areas.
