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40 views7 pagesChapter 12 - Acquisition and Loss of State Territory
Chapter 12 discusses the various modes of acquisition and loss of state territory, including occupation, annexation, accretion, prescription, cession, and plebiscite. It highlights the legal implications of these processes under international law, emphasizing that acquisitions through force or aggression are generally deemed illegal. The chapter also provides examples, such as the annexation of Kuwait by Iraq and the acquisition of territory through plebiscites after World War I.
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0% found this document useful (0 votes)
40 views7 pagesChapter 12 - Acquisition and Loss of State Territory
Chapter 12 discusses the various modes of acquisition and loss of state territory, including occupation, annexation, accretion, prescription, cession, and plebiscite. It highlights the legal implications of these processes under international law, emphasizing that acquisitions through force or aggression are generally deemed illegal. The chapter also provides examples, such as the annexation of Kuwait by Iraq and the acquisition of territory through plebiscites after World War I.
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CHAPTER 12
CQUISITION AND LOSS OF s
Ce TERRITORY ATE
woDES OF ACQUISITION OF STATE TERRITORY :
_ Me pequisition of a territory by a State means the acquisito,
fy over such territory.' An existing State may acquire the terrton,
soversig’ay already be under the sovereignty of another State or which
wood to any State, 1.c., res nullius. While the former Is called derivathe,
of acquisition wherein acquisition enlarges the territory of one Stale
mj which inversely 4s the loss of another State, the latter is called original
of acquisition wherein territory of one State is enlarged without the
foes of another State. The above two regimes are different from res
is, Le., an area which legally cannot be acquired for example, the
(1) Occupation : .
The term ‘occupation’ has derived from the Roman term occupatio
which means acquisition of res nullius, {.e., a territory capable of being
territorial sovereignty but not yet so brought. In the same
ternit
persons whose community is not considered as a State.” In the Legal Status
of Eastern Greenland’s Case,” where a dispute arose betwcen Norway and
Denmark as to the occupation of the eastern part of Greenland by Norway,
the Permanent Court of International Justice laid down that occupation to
be effective should be accompanied by two elements. Firstly, there should
an animus, 1.e., intention on the part of the State to appropriate the
territory and to establish sovereignty over it. The intention. to treat it as a
ently to the exclusion of other States 1s essential.
part of its territory permant
to be noted that the intention of a State cannot be inferred to form the
‘their own, it would
behalf State. In Fisheries Case it was stated that ‘the independent
activity of private individuals is of little value unless it can be shown that
they have acted in pursuance of a licence or some other authority received uw
le INTERNATIONAL
we thew Govern;
tneir Governments or that in some other way & Mets
wromaed Juriecicuon trough them. ‘Secondly, ihe Sate seaulcing tena
choi take the coma le roonennin. i me Gare ree
act ies of acts, by whic t
Mascaston: Gre teratory in question and takes lepe (0 eXercine gy
there, Posveraion of whole or a part of the acquired territory dependy
the circumstances of the case. Generally. See cri a pi
territory is regarded as the possession of all the terriories
“The above two condivons are required to be fullilled tn all the ¢
occupation. In addition to them, Oppenheim has rightly stated that 9.4
Rind of admainistrauion over the occupied territory Is also necessary in oy,”
to show that the territory Is really governed by the New possessor." +,”
Saministration should be established within a reasonable time, Fury,”
fomand means of administration must be effective. The adequs,
administration appears to be essenual as it has the elements of stat,
‘and permanency in contrast to merely temporary occupation. Notificat..
for the teritory so occupied Is not essentially to be given to other State,
Oppenheim says that there appears to be no rule of International Law tha
requires. notification of occupation to other States as: a condition of iy
validity.’ As soon as a territory has been occupied by a State, it
2 -subject of rules of International Law, in view of it being a portion of the
territory of a subject of International Law. No other State can lawfully
ire the territory thereafter through occupation unless the occu;
State has either withdrawn from it or has othersise lost effective presence
‘and control.‘ On the other hand, the power which assumes sovereignty over
the ocoupled terior s thereafter responsible for all events of international
importance on tory.
In a dispute between India and Bangladesh on the claim of Indian
occupation of the New Moure Island® (the twelve Kilometer Island which is
uninhabited in the estuary of the Haribhanga river which borders India and
Bangladesh in Ganga-Brahmaputra basin of the Bay of Bengal) the
which is relevant is whether the occupation of the Island by India i
complete. It has been advocated by India that it had notified to the USA
and U.K in 1971 about the occupation. Although notification to other
States for the territory so occupied is not an essential condition. it was done
Be eet ee ee ane also lo remove doubla as to is sovereignty. Since
raised any count inc
occupation may be decined’ to have been established. Heroes adequat
administration over the Island is also Se cathe
Tequired to be carrted on therein.
(2) Annexation ;
When a Sta conquers another Si
tate, the former establishes its
see"ty over the latter, In conquest. enemy territory 1s acquired throug
military . But the possession of enemy territory alone does
soot seg 7aon. Intention of annexation should also be declared bY
conquers State. apitention may be indicated by making som
otlfication to annex the terrtiory ‘and th ecognized DY
¢ same must be re iz
seal er over It ts to be noted that as long as intention to annet
Tid p. 688 En, 1.
p. 692.
sland 1 being called South Talpathy by Bangladesh and Purbasha ACQUISITION AND LOSS OF STATE TERRITORY
158
fg not indicated, the territory ack
oe cert when the elements of occupation and Injeier ass mlltary
spade Sd to have completed. Annexation was the iinet i oe
ecrenabor, SS cquired by Ue powerful States which were alwa od by which
(ers reir territory by occupying and enslaing other weaker oe?
Gard Me ete establishment of the United Nations, einer
ee ough conquest has becoine illegal. Charter of the Unived Natorn
reer fe 2. Para 4 supulates that members shall not use th ee
vases A teritorial integnty or political independence of any Sateen ip
pt panner inconsistent with the purposes of the United Natlocas
any ou8er aration on the Principles of Frieudly Relations adopted by te
fort assembly in 1972 expressly lid down thatthe terry ofa State
Sethe object of acquisition by another Stal i
stall nt ue y ite resulting from the
Tris to be noted that if a State annexes the territory of another State
ine tertoctal acquisition resulting fiom the threat or use of force shall not
te iis as egal in View of the fct thatthe annexation of the teritary
be reMauon of Para 4 of Article 2 of the Charter. The resoluuen of the
eal ‘Definition of Aggression’ adopted on December 14, 1974
Geneon onder Para. 3 of Article 5 that ‘no terigrial acquisition er + cll
lays tinge resulting from aggression shall be secdgnized as legal, Simfar.
asdeptelration on the Enhancement of the Eifeciveness of the Principle of
the ring from the threat or use of force in International relations adopted
Fetihe General Assembly in 1986 provided that acquisition of territory
1 lung from threat or use of force in contravention of International Law
Tal not be recognized as legal acquisition.
The above implies that the acquisition of territory resulting from threat
ce une ef force If'it Is not inconsisient with the purposes of the United
Nations will not be regarded as an illegal acquisition. For Instance. a State
vat vireclf-defence to repel armed force used against It contrary to
Nude 214) can acquire any territory of the aggressor which it occuples
during hostiktves, Jennings states that—
*..the suggestion that the State that does not resort to force
unlaviuily, e.g. resorts to war in self-defence. may sull acquire a ttle by
conguest....though not infrequently heard. is to be regarded ‘with some
susnicon. it would be a curious law of self-defence that permitted the
defender in the course of his defence to scize and keep the resources and
territory of the attacker."
Annexation of Kuwait by Iraq :
In August 1990. Iraq after Invasion and annexation of Kuwait with the
use of force merged the latter to its own Sate. ‘The Security Council there
der resolved that ‘annexation of Kuwait by Iraq. under, oy form and
qiatever pretext has no legal validity. and Is considered ‘null and void™’
Re Counc demanded that ‘iraq vcocind its actions purporting to annex
Kuwait, It also called upon all States.
SBecallzed agencies not to recognise that annexation.
action or dealing that might be Interpreted as 27
Of the annexation.
—
7
. Thequisiion of Territory in international Lae’ (1963 P. 17%,
eee eee oe eof famgoal 1900. Por cutilie one, ROS
‘rity
“Security Counett”. id INTERNATIONAL LAW
(3) Accretion : fies
Accretion Is the name for the Increase of land through new
Such new formations may be only a modification of the exist
territory, as, for instance, where an island rises within @ river, op .&
a river,' which ts totally within the territory of one and the same
and in such case there ts no increase of territory to correspond
increase of land, On the other hand, many new formations oceyr
really do enlarge the territory of the State to which they accrue
instance, where an Island rises within the maritime belt. Ang’
customary, rule of Internatonal Law that enlargement of territory,
created through new formations. takes, places ipso facto by the acu
without the State concerned taking any special step for the pur
extending its sovereignty. .
artificial if they are the outcome of human work. They are natura) ®|
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(4) Preseription :
Prescription is the acquisition of territ. an adverse
continued for a certain length of time pectaliy asa exeredses con
over a territory continuously for a long time without any interruption
possesses it de facta, the concerned teritory becomes a part of that Sat
‘The mode is known as prescription. Before acquisition ae territory coulj
be made throug
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MESSE FRZEEZS ZED ACQUISITION AND LOSS OF STATE TERRITORY 157
yanam ace the examples of peaceful cession These terntories
ana, Yara by France aller peacelul negouations resulting into the
ae of reales
and Lease
fof a territory may also take place by way of a kkase. However,
of feane do not constitute cession. Whether a particular lease
il IME FS to cession OF simply a licence Is a question which is determined
a nts 10
