Mode of Acquisition and Loss of Territorial Sovereignty | Public International Law - CLAT PG PDF Download

Introduction

A state is made up of four key elements: population, territory, government, and sovereignty. Among these, territory is crucial for a state to be recognized as an international entity. A state must have a defined territory, which includes not just the land within its borders but also natural resources, lakes, rivers, and the marginal sea. The airspace above the land is also part of the territory. The state exercises jurisdiction over individuals and property within this territory.

Definition:

Oppenheim:"State territory is that definite portion of the surface of the globe which is subjected to the sovereignty of the state."

Modes of Acquiring Territory

There are several ways a state can acquire territory:
Occupation
Occupation in international law refers to a state's act of claiming a territory that does not belong to any other state.

Starke's Views
According to Starke, to determine if a state has occupied a particular territory, one must consider the effectiveness of control over that territory. Key elements for effective control include:

• Direct evidence of possession.
• Demonstration of actual authority.

Prescription
If a state exercises continuous control over a territory for a long time without interruption, that territory becomes part of the state. This mode is known as prescription. International law does not specify a certain time frame for establishing title by prescription. The length of time required for prescription is determined by the International Court of Justice or a tribunal where the case is presented for adjudication.

Conditions

• The occupying state has not accepted the sovereignty of any other state over the territory.
• Possession must be peaceful.
• There should be no interruption.
• Possession should be for a definite period, not less than 20 years.

(i) Accretion: Accretion refers to the addition of new territory, primarily through natural processes, to existing territory already under the sovereignty of the acquiring state. Accretion can be either natural or artificial.

(ii) Cession: Cession involves the transfer of sovereignty over a specific territory from one state to another. Cession can occur voluntarily or under compulsion.

(iii) Annexation: Annexation is the acquisition of territory from an enemy through military force during wartime. However, this mode has been significantly influenced by the UN Charter, particularly Article 2(4), which prohibits member states from acquiring territory through annexation.

(iv) Adjudication: Adjudication is another mode of acquiring territory, where a conference of victorious powers at the end of a war assigns territory to a particular state as part of a peace settlement.

Modes of Losing Territory 

• Cession: Cession involves the loss of territory by one state due to the acquisition of that territory by another state. The act of cession can take the form of a gift, sale, exchange, or lease.
• Operation of Nature: A state may lose territory due to natural events, such as an earthquake, erosion of the coastline, or the complete disappearance of an island.
• Subjugation: Just as a state can acquire territory through annexation, another state may lose territory through subjugation.
• Revolt: When a new state is formed as a result of a revolution or revolt, it signifies the loss of territory by the state from which it emerged.
• Renunciation: Renunciation involves the loss of territory through the act of renunciation, which is the opposite of occupation. While occupation requires both possession and intention, renunciation entails giving up claim to the territory.
• Independence to a Colony: The granting of independence to a colony by an imperialist state also constitutes a mode of losing territory, as the imperialist state relinquishes control over the areas under its authority.