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Existence of the right to territory by Agnorevs

Credera divided the Thanatosian Plains based upon the observations of linguistic, cultural, and
religious differences between their respective inhabitants. Therefore West Agnostica and East
Agnostica may consider as different territories with specified borders. In fact, before the
independence, Credera conducted census and found out that East Agnostica is dominantly
occupied by Reverentian but by way of acquiescence, Agnostica did not do anything about it nor
say anything about it. It is supported by the facts when Credera granted the independence to all
of its colonies, it did not raise the issue nor nullify the fact. And even when the secession and
annexation happened, Credera still has no official statement on the matter.

Evidence of the right and the actual source of the right are both established. (case concerning
the Frontier Dispute (Burkina Faso vs. Republic of Mali)

Mode of acquisition of title to territory: By way of Acquisitive Prescription

The continuous and undisturbed exercise of sovereignty for a long period of time over a
territory belonging to another State.

By virtue of Agnostican Constitution

Agnostican constitution, which remains in effect and unamended, empowers federal parliament,
by three quarters vote, to dissolve the union and create two independent states. Therefore the
Agnostican constitution indicated that there are two separate states before then and can be
dissolved by way of voting.

Principle of Effectiveness:

After the independence, Agnorevs are still considered as Reverentian because of the
encouragement by Reverentia to return. But choose to stay in East Agnostica and participate in
the politics of federal Agnostican State. (perhaps this is what Atty. Espaldon saying that
they crossed the border but NO intervention since it happened during the colonial era )

East Agnostica by that time is a different territory but because they participated in the political
affairs of the federal Agnostica and created it as one of the provinces, Reverentian (now
Agnorevs), became the citizen of Agnostica.

The requirement of effective government remains strictly applied in case when part of the
population of a State tries to break away to form a new State.

In the case of Mexico and France over Clipperton Island:


It is beyond doubt that by immemorial usage having the force of law, besides the animus
occupandi, the actual, and not the nominal, taking of possession is a necessary condition of
occupation. This taking of possession consists in the act, or series of acts, by which the
occupying state reduces to its possession the territory in question and takes steps to
exercise exclusive authority there.

However, Agnostica did not meet the requirements of exclusive authority which became the
sparks of the desire for East Agnostica to secede from the federal state.

In terms of international law, the rescue of nationals that are in danger on the
territory of another state is partly regarded as self-defense under Article 51 UN
Charta (1.) or, alternatively, as an unwritten customary exemption of the prohibition
of the use of force as provided by Article 2 (4) UN Charta (2.). 1. The right to self-
defense principally requires an ongoing armed attack against a state or the threat
of imminent attack. While armed attacks on a states territory or on military posts
or military units abroad enable the right to self-defense, it is very much in dispute if
that is also the case for armed attacks on nationals of one state who reside on the
territory of another state. State practice is not uniform in that regard, but some
states have referred to

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