Acquisition And Loss Or State Territory under

international law
1. Introduction:
The state has four essentials namely prpulation territory, government and sovereignty. terrotory is one of
the four elements which a state in order to be an international person must possess. the state must have a
fixed territory the territory of the state includes not only land within its jurisdiction, but also the natural
resources. Lakes, rivers and the mariginal sea. the air space above the land is also part of the territory. the
state jurisdiction is exercised by the state over persons and property within a particular territory.
2. Definition:
Oppenheim:

3. Modes of acquiring territory:

Following are modes of acquiring territory.
(i) Occupation:
Occupation in international law means an act of appropriation by a state over a territory which does not
belong to any other state.
Stark's views:
"In order to see whether a state has occupation over a particular territory it is see whether there is effective
occupation of that state over the territory concerned."
(a) Essentials elements for effective occupation:
There are two essential elements that constitute an effective occupation of that state over another territory.
(i) Direct evidence of possession.
(ii) An exhibition of actual authority.
(b) Case law:
U. S. A vs Netherland 1929:
Held:
For acquiring sovereign over a particular territory effective occupation is necessary.

(ii) Prescription:
If a state exercises control over a territory continuously for a long time without any interruption and
possess it defacto, the concerned territory becomes part of that state. this mode is known as prescription
international law does not fix any certain time so as to a title by prescription. however length time required
for prescription is a matter which should be decided by international court of justice or tribunal where the
case is brought for adjudication.
(i) Conditions:
A state may acquire some territory by prescription only when the following conditions are fulfilled.
(i) Where occupying state has not accepted the sovereignty of any other state over the said territory.
(ii) Possession should be peaceful.
(iii) There should be no interruption.
(iv) Possession should be for a definite period not less than 20 years.

(iii) Accretion:
When a new territory is added, mainly through natural causes to existing territory, that is already under
sovereign of acquiring state.
(i) Forms of Accretion:
(i) Artificial.
(ii) Natural.

(iv) Cession:
Cession is the transfer of sovereign over a definite territory by one state to another state.
(i) Forms of Cession:
(i) Voluntary.
(ii) Under compulsion.
(v) Annexation:
It is the acquisition of the territory of an enemy through the military force in time of war.
U. S Charter on Annexation:
This mode has been greatly affected by UN charter by Art. 2(4) under which member state cannot acquire
territories by annexation.

(vi) Lease:
A state may give territory to another state under lease for a certain period.

(vii) Pledge:
Pledge in also a mode of acquiring state territory. under some circumstances a state is compelled to
pledged of part of it territory in return of certain amount of money.

(viii) Adjudication:
Adjudication is also mode of acquiring territory. it occurs where a conference of the victorious powers at
the end of a war assigns territory to a particular state for the sake of settlement of peace.

4. Modes of losing territory:

(i) Cession:
the acquisition of territory by one state is loss to the other. the act of cession may be in the nature of gift,
sale, exchange or lease.

(ii) Operation of nature:

A state may lose territory by operation of nature for e. g. by earthquake, a coast of the sea a Island may
altogether disappear.

(iii) Subjugation:
As a state may acquire territory through annexation, the other state may lose it through subjugation.

(v) Revolt:
When a new state takes birth in consequences of revolution or revolt it would be lost of territory by revolt.

(vi) Renunciation:
Renunciation is a mode of losing territory by renunciation. it is the very opposite of the occupation which
requires both possession and intention.

(vii) Independence to a Colony:

Granting of independence to a colony is also a mode of losing imperialist state grants independence to the
areas under its control.
Kinds of cession:
(i) Valid:
Any act which indicates an intention to transfer sovereignty is sufficient.
(ii) Voluntary:
The act of cession may be voluntary or under compulsion as a result of war.

5. Conclusion:
To conclude it can be said that territory is an important element for state. the occupation, accretion,
cession, prescription are modes of acquiring territory by the state. the concept of territorial sovereignty
signifies the fact that within a particular territory jurisdiction is exercises by the state. the state territory
may also be lost in different ways.