Tiêu đề 8. Acquisition and loss of state territory.pdf ✅

Q # 08: Define different modes of acquisition and loss of territory? 1. Introduction  Territory is one of the important elements of a State; a state without territory is not possible. State occupies a definite portion of the earth where sovereignty exercises his authority to the exclusion of other States on the basis of International Law. Territory covers the rivers, canals, lakes or other natural things existed in it and state exercises it jurisdiction on the persons and property within the territory. 2. Definition of territory  Territory is piece of land which is governed by a particular governmental authority of the state, where nationals of the state are vested with some rights and obligations. 3. Modes of acquisition of territory Following are the modes of acquistion of territory. 1.Acquisition by Occupation  When a particular territory which was not under the control of any state, any of the state can occupy it in order to maintain its sovereignty on it. Following are the essentials of occupation 1. Occupation should be peaceful, 2. Occupation should be without violence 3. Occupation should be continued 4. Territory should be free from occupation of any other state 2.Acquisition by Prescription  Continued occupation over a long period of time on particular territory which belongs to another state is called prescriptive occupation. Following are the essentials of prescriptive occupation. 1) The possession must be peaceful 2) The possession must be public 3) The possession must be for a long period of time. 3.Acquisition by Annexation  Annexation is a mode of acquisition of territory, when a particular territory which is acquired after defeating the enemy in the war and occupying all or any part of its territory. It is only on a military occupation of conquered territory which is merged into its state.
4.Acquisition by Cession (Sapurdagi)  Cession is also a mode of acquisition of territory, when a state gives its territory under the control of other state, such cession can be voluntary or due to compulsion during the times of war 5.Acquisition by Adjudication  Adjudication is an important mode of acquisition of territory, At the end of war when super powers decide in a meeting that a particular state would be merged into a particular state, such kind of acquisition is called acquisition by Adjudication 6.Acquisition by Lease  A territory can be acquired by a state on account of lease, when one state gives his territory to another state on lease for specified period of time; such acquisition is called acquisition by lease. Such acquisition is temporary acquisition. 7.Acquisition by Pledge  A territory can be acquired by a state on account of pledge, when one state is under an obligation to pay a certain amount of money, in this case debtor state will have to pledge his state until amount is paid. Such acquisition is called acquisition by pledge. 4. Modes of losing of territory Following are the modes of acquisition of territory. 1) Lose by cession  A territory can be lost by cession, when any state loses all or any part of its territory by rebellion or peacefully, and it becomes part of other state, such losing is called lose by cession. 2) Lose by prescription  A territory can be lost by prescription; when any state which remain untouched with its territory for a long period of time and any of other state occupies it and obtain the title of ownership of such state, this kind of lose is called prescriptive loss of territory. 3)Lose by Subjugation (Defeat)  A territory can be lost by defeat, when any state which is defeated by the other state in the times of war and occupied the territory of defeated state, such kind of lose of territory is called lose by defeat 4)Lose by Occupation