Worksheet 6a

Question 1

What is territorial sovereignty? - reference the case the definition came from

Answer 1

Island of Palmas arbitration
The right to exercise therein (on the territory), to the exclusion of any other state, the functions of sovereign

Question 2

How many aspects does territorial sovereignty have?

Answer 2

Two

Question 3

What are the aspects of territorial sovereignty?

Answer 3

Internal and external

Question 4

Differentiate between internal and external sovereignty

Answer 4

Internal: the authority exercised by a state within its borders over persons and situations/ events that occur there
External: a state must respect the territorial sovereignty of other states - it must not interfere in other states’ internal and external affairs and must ensure the safety of foreign nationals present within its territory

Question 5

Which aspect of territorial sovereignty has an obligation and what is the name of this obligation?

Answer 5

External
Principle of non-intervention

Question 6

In addition to territorial sovereignty, what are the three other territorial regimes by international law?

Answer 6

1. Territory not subject to the sovereignty of any state or states and which possess a status of its own
2. Terra nullis or land legally susceptible to acquisition by other states, but not yet placed under any territorial sovereignty
3. Res communis: consisting of the high seas, and also outer space, which is not capable of being placed under the sovereignty of any state it belongs to the community of states

Question 7

How many types of territorial sovereignty are there?

Answer 7

Four

Question 8

Name the four types of territorial sovereignty?

Answer 8

1. Titular and effective sovereignty.
2. Terminable and reversionary sovereignty
   3: condominium
   4, indeterminate sovereignty

Question 9

What is another name for titular sovereignty?

Answer 9

Residential sovereignty

Question 10

Differentiate between titular and effective sovereignty

Answer 10

Titular sovereignty is possessed by an entity with the ultimate capacity to dispose of the territory
Effective sovereignty is attributed to an entity which exercises plenary actual power over the territory, but lacks the capacity of ultimate disposal

Question 11

What is a condominium?

Answer 11

When two or more states jointly exercise sovereignty over a piece of territory & its inhabitants

Question 12

What is terminable and reversionary sovereignty?

Answer 12

Where sovereignty of a territory changes by operation of law as a result of fulfillment of a condition or a failure to meet an express or implied condition

Question 13

What is indeterminate sovereignty?

Answer 13

When a territory which is not terra nullis nevertheless has no determinate sovereignty

Question 14

What is an example of titular sovereignty?

Answer 14

Colonialism: UK was titular because they had the title to the land and ability to dispose

Question 15

What is an example of effective sovereignty?

Answer 15

Colonialism: the governors governing

Question 16

What are the four sets of rules applicable to the acquisition of title of territory?

Answer 16

1. Jus cogens rules
2. Specific principles applicable to the acquisition of territory
3. The critical cute rule
4. Evidentiary rules

Question 17

What are the rules of jus cogens as it pertains to the acquisition of title to territory?

Answer 17

Such as prohibition (other than in self defense or as mandated by the UNSC ) of the threat or use of force against the territorial integrity or the political independence of a state, the principles of settlement of a dispute in a peaceful manner and the principle of self-determination

Question 18

Differentiate between the specific principles applicable to the acquisition of territory

Answer 18

1. The principle of effectiveness: how a factual situation affects the creation of a right
2. The principle of ius possidetis: old colonial boundaries will be recognized as the boundaries of the newly independent ex colonial states
3. Intertemporal law: whether a judicial fact should be appreciated in light of the law contemporary with it or in light of in law in existence when a matter or dispute arose or failed to be settled

Question 19

What is the critical date rule?

Answer 19

A procedural rule which refers to the date on which a territorial dispute crystallized

Question 20

What happens after the critical date in the critical date rule?

Answer 20

Subsequent events will not be taken into account in the determination of the rights of the parties

Question 21

What are the three evidentiary rules?

Answer 21

1. Recognition
2. Acquiescence
3. Estoppel

Question 22

What is the evidentiary rule of recognition?

Answer 22

In respect to land claims mainly refers to the attitude of third states
By a unilateral declaration or by an international treaty, they may show that they have accepted a particular situation
A state may also by positive conduct, even if contrary to an existing treaty, acknowledge that its opponent has a valid title to disputed territory

Question 23

What is the evidentiary rule of acquiescence?

Answer 23

The attitude of a dispossessed state and is inferred by the state’s failure to protest in circumstances when protest may reasonably have been expected against failure

Question 24

What is the evidentiary rule of estoppel?

Answer 24

Arses when a state’s conduct is clear, sustained and consistent and the other party relying on such conduct has changed its position to its own cletrement or has suffered some prejudice

Question 25

What are 5 models of acquisition of title to territory?

Answer 25

1. Occupation
2. Acquisitive prescription
3. Accretion
4. Cession
5. Conquest

Question 26

Differentiate between accretion, cession & conquest

Answer 26

Accretion: the slow gradual increase of land due to the accumulation of soil material such as sand, silt, clay, gravel resulting from natural clause
Cession: the peaceful transfer of territory from the grantor state to the grantee state usually by treaty, although the form in which the states concerned express
Conquest: this was a historical method of establishing sovereignty over territory

Question 27

Is conquest still legal?

Answer 27

No because the prohibition of the use of force outlawed this

Question 28

What is the occupation mode of acquisition of title to territory?

Answer 28

Only terra nullis can be acquired by occupation

Question 29

What is the condition for the acquiescence of title to any territory by occupation?

Answer 29

Effective possession because such possession combines the intent of a state to act as sovereign and some actual exercise or display of state activity consistent with sovereignty

Question 30

What is acquisitive prescription?

Answer 30

The acquisition of territory through continuous and undisturbed excise of sovereignty for a long period over a territory belonging to another state during which period the latter does not protest the occupation

Question 31

What are the additional modes can be added?

Answer 31

1. Historical consolation
2. Novation = we are agreeing to create a state peacefully
3. Acquisition of title to territory resulting from a joint decision of victors of wars in the 20th century (North and south Korea, east and west Germany, north and south Vietnam

Question 32

How does loss of territory occur?

Answer 32

Mainly from
cession
acquisitive prescription
Emergence of a new state which entails that another state loses territory
Abandonment