The actors in the international legal system - The state - The acquisition of new territory

3 important questions on The actors in the international legal system - The state - The acquisition of new territory

How can a state acquire new territory?

Cession; purchasing land from other lands, accretion; new land is gradually created by nature, avulsion; sudden or violent changes to territory and occupation; whether a terra nullius (no-mans-land) or res communis (land of the whole community)

In what 4 ways can new territory be acquired?

1) Cession. Purchase, agreement or swap.
2) Accretion. New land created by nature (not artificial!)
3) Occupation. When a state exercises effective control over a territory of 'no-mans land'/terra nullius.
4) Prescription. Territory previously under the sovereignty of another state. Derived from implied consent.

Is conquest (the use of force) a way to aquire new territory?

Only temporary and de facto, not de iure possession.
Since 1945 a state can no longer obtain title trough conquest. Conquest does not result in transfer of sovereignty.

The question on the page originate from the summary of the following study material:

  • A unique study and practice tool
  • Never study anything twice again
  • Get the grades you hope for
  • 100% sure, 100% understanding
Remember faster, study better. Scientifically proven.
Trustpilot Logo