Public International Law: Title to Territory

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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?

  • Accretion (correct)
  • Conquest
  • Avulsion
  • Cession

Which of the following accurately describes the outcome of the Clipperton Island case?

  • The island was divided between France and Mexico.
  • France was awarded sovereignty over the island. (correct)
  • A mutual agreement was reached for shared sovereignty.
  • Mexico maintained sovereignty without dispute.

What is the term for the abrupt loss of land due to water action?

  • Annexation
  • Accretion
  • Avulsion (correct)
  • Cession

What term describes the transfer of sovereignty from one state to another through mutual agreement?

<p>Cession (A)</p> Signup and view all the answers

Which statement is true regarding the legality of acquiring territory by conquest under international law?

<p>It is illegal following the enforcement of the United Nations Charter. (D)</p> Signup and view all the answers

What does territory mean in the context of international law?

<p>A specific area subject to sovereign rights and interests (A)</p> Signup and view all the answers

Which of the following is considered a traditional method of acquiring territory?

<p>Occupation (B)</p> Signup and view all the answers

The principle of continuity states that a state has rights over adjacent vacant territory when it establishes what?

<p>A settlement (D)</p> Signup and view all the answers

What is the primary basis for a state's claim to territory under the doctrine of discovery?

<p>Physical discovery or visual apprehension (A)</p> Signup and view all the answers

In the Island of Palmas case, the United States based its claim to the island on what historical event?

<p>The Treaty of Paris in 1898 (B)</p> Signup and view all the answers

Which of the following methods of acquiring territory involves prolonged control by one state over land originally belonging to another state?

<p>Prescription (D)</p> Signup and view all the answers

What is an essential characteristic of territory regarding a state's exercise of sovereignty?

<p>Territory allows a state to perform specific acts (A)</p> Signup and view all the answers

Which of these terms describes the concept that a state's settlement allows it to claim sovereignty over necessary adjacent areas?

<p>Hinterland doctrine (B)</p> Signup and view all the answers

What role did the Clipperton Island case play in international territorial disputes?

<p>It established a precedent for arbitration in resolving territorial sovereignty issues between nations.</p> Signup and view all the answers

Describe the implications of cession in international relations.

<p>Cession involves mutual agreement between states, allowing for the transfer of sovereignty over a territory.</p> Signup and view all the answers

Explain the difference between accretion and avulsion in territorial changes.

<p>Accretion refers to gradual land accumulation, while avulsion signifies sudden land loss due to water action.</p> Signup and view all the answers

How has the United Nations Charter affected the legality of acquiring territory by conquest?

<p>It has rendered acquisition by conquest illegal under international law, though some states still attempt this.</p> Signup and view all the answers

What geographical phenomena can lead to new land formations through the process of accretion?

<p>Geographical phenomena include the diversion of rivers and the deposition of soil along riverbanks.</p> Signup and view all the answers

What does the term 'terra nullus' refer to in the context of acquiring territory?

<p>Terra nullus refers to land that is not claimed by any sovereign state, allowing for claims of sovereignty through discovery.</p> Signup and view all the answers

Describe the principle of continuity in relation to a state's rights over adjacent vacant territory.

<p>The principle of continuity allows a state that has established a settlement to claim sovereignty over adjacent vacant territory necessary for its integrity and security.</p> Signup and view all the answers

What is occupation in international law, and how does it differ from discovery?

<p>Occupation involves the physical control of a territory by a state, while discovery refers to the initial recognition of unclaimed land, which can confer rights without actual control.</p> Signup and view all the answers

List two traditional modes of acquiring territory other than discovery.

<p>Two traditional modes are annexation and conquest.</p> Signup and view all the answers

What role does prescription play in the acquisition of territory?

<p>Prescription allows a state to claim territory that originally belonged to another state after a prolonged period of occupation.</p> Signup and view all the answers

In what way did the United States justify its claim to the Island of Palmas in the 1928 arbitration?

<p>The United States justified its claim to the Island of Palmas based on discovery by Spain and the subsequent secession of rights through the Treaty of Paris.</p> Signup and view all the answers

How is maritime territory defined in the context of a state's domain?

<p>Maritime territory refers to the sea areas over which a state exercises sovereignty, including rights over resources and navigation.</p> Signup and view all the answers

Explain the impact of the cessation method on state territory.

<p>Cessation involves the voluntary transfer of territory from one state to another, often through treaties or agreements.</p> Signup and view all the answers

Flashcards

Accretion

The process of new land formations being legally added to existing ones by water. This includes events like a river diverting from its previous course, soil being deposited along a coastline, or the gradual addition to the bank of a river.

Avulsion

The sudden loss of land due to the force of water. It's like a powerful river carving out a new channel, leaving a chunk of land behind.

Conquest and Annexation

The process of gaining territory through military force or occupation. It's no longer considered legal under international law.

Cession

The transfer of territory by the owning state to another state by mutual agreement. This can be done through treaties or other contracts.

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Clipperton Island Case

A legal dispute between France and Mexico over the sovereignty of Clipperton Island. This case established the rules of international law when it comes to claiming territory.

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What is territory in international law?

Any part of the Earth's surface subject to a state's sovereign rights and interests.

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How is territory defined in international law?

The exercise of sovereignty over a defined area to the exclusion of other states.

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Why is territory essential for a state?

It's fundamental to a state's existence. A state needs territory to exercise its rights and responsibilities.

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What is the oldest method of acquiring territory?

The oldest way a state can gain control of land - initially, just 'discovering' the land was enough.

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What is the hinterland doctrine of continuity?

A principle that allows a state to claim ownership of nearby unclaimed land, ensuring the integrity and security of its established territory.

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How does a state acquire territory through prescription?

One state taking over another's territory through continuous occupation over time.

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What was the Island of Palmas Case about?

A dispute between the Netherlands and the United States over an island, showing how historical claims based on discovery could clash with later territorial rights.

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How did the US and the Netherlands both claim the Island of Palmas?

Spain's claim to the island was based on its discovery by Spain. The US later gained claim to the island through the Treaty of Paris.

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Conquest

The act of gaining territory through the use of military force, now illegal under international law.

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What is sovereignty in international law?

The right of a state to exercise its power over a specific area of land, sea, or air, excluding any other state's authority.

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What does exercising sovereignty over a territory mean?

A state's right to control and govern its own territory to the exclusion of others, including its airspace, territorial waters, and land.

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What is discovery in international law?

The oldest method of gaining title to territory, typically involving the first discovery of an unclaimed land by a state.

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What is the hinterland doctrine?

A principle allowing a state to claim sovereignty over unclaimed land adjacent to its existing territory, based on the need for its security and integrity.

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What is prescription in international law?

The method of gaining title to territory by occupying and controlling it for an extended period, often challenging the original owner's claim.

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What was the Island of Palmas case?

The case where the US and Netherlands disputed ownership of the Island of Palmas, demonstrating that discovery alone may not be enough to establish a strong claim to territory.

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What was the Treaty of Paris (1898)?

The treaty that transferred Spanish colonial territories, including the Philippines, to the United States, impacting the Island of Palmas case.

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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.
  • 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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