Chapter 4 - Territories of States

A. Territory
1. Territory
- Fixed portion on the surface of the earth on which the State settles and over which it has supreme authority.

Components
a. Terrestrial
b. Fluvial
c. Maritime
d. Aerial Domains

2. Proof of Sovereignty
- Having one’s own territory can be seen as a proof of sovereignty and interpreted as an assertion of
independence and interpreted as an assertion of independence

Correlative Duty - right of the state to exercise sovereignty over its territory to the exclusion of other states
comes with the corresponding duty to respect the rights of other states to exercise their sovereignty over their own
territory.

3. National Territory of the Philippines

B. Land Territory

1. Mode of Acquisition

B. Prescription
- Acquired through continuous and uninterrupted possession over a long period of time
- In international law, there is no rule on thumb on the length of time needed for the acquisition of territory.

Grotius Doctrine of Immemorial Prescription - uninterrupted possession going beyond memory

 C. Cession
- the formal giving up of rights, property, or territory by a state.
- May be voluntary through a treaty of Sale, or through a treaty of donation

D. Conquest
- This is no longer recognize, prohibited under the UN charter

E. Accretion
- Increase in land area due to natural means

Accretion involves gradual shifts unlike avulsion which is a sudden or dramatic shift

2. Contemporary Standards
- Place a premium on effective occupation, consent and the right to self determination

Consent - generally meant to denote other states relinquishing their claim over a given territory in favor of
another state

3. Uti Possidetis Juris

-principle of international law which provides that newly formed sovereign states should have the same borders
as those of state preceding them
- this usually applies in cases where former colony gains independence

4. Shared Sovereignty
C. Maritime Territory

1. Internal (National) Waters

2. External Waters
- All waters extending towards the sea from the baselines. Include territorial sea, the continental zone,
exclusive economic zone, continental shelf and other maritime zone.

D. Air Territory
- Air space between land and waters of the state
- International Convention on Civil Aviation - the contracting parties recognize that every state has complete
and exclusive sovereignty over the air space above its territory, but shall not include outer space which is
considered Res Communes

Res Communes - things owned by no one and subject to use by all

- Other state have no right of innocent passage over the air territory of another state

a. Scope
- Shall only apply to civil aircraft and not state aircraft
- Any aircraft used in military, customs and police services are State Aircrafts
b. Power to Refuse

c. Power to Search

Documents to be Carried by All Aircrafts

- Certificate of Registration
- Certificate of Airworthiness
- Appropriate License for each crew member
- Journey Log Book
- Aircraft radio
- List of Names and places of embarkation and destination
- Manifest and detailed declaration of all cargos

d. Aircraft in Distress
- State has the duty to provide measures of assistance to aircraft in distress in its territory

e. Drones
- No aircraft being flown without a pilot can be flown over the territories of a contracting state
without special authorization.
 f. Five Freedoms (of Air Transportation for Scheduled International Services
1. To fly across territory without landing
2. Land for non-traffic purposes
3. Land to put down passengers, mails and cargo of flag territory
4. Land to take passengers, mails and cargo of flag territory
5. To put down passengers, mails and cargo from these territories

g. Valid Interception
- Intrusions into air space by civilian aircraft may be intercepted but in no case shall the
interception be attended with the use of weapons
- Military aircraft may be shot down

3. Outer Space

- States have the right to launch satellite in orbit over the territorial airspace of other states

- Res Communes - things owned by no one and subject to use by all

- Outer Space Treaty - outer space is free for exploration and use by all states , cannot be annexed by other
states and it may be used exclusively for peaceful purposes

- The state that launches objects into space shall be held liable for the harmful contamination caused by the
object or for the damages of the falling objects