Study Set Content:
thus the acts of government are regarded as acts of the state;
.Usually regarded as identical,
, but it’s possible for a government to exist without a state of its own;
A state cannot exist without a government,
, its form may change, but the state, as long as its essential elements are present, remains the same.
A government may change
Rights of a State:
Right of existence and self-defense-
Right of Independence-
. Right of Equality
Right of legation-
The Right of Property and Domain;
The Right to Acquire Territory and Increase of Domain;
. The Right of Jurisdiction;
the right of a state to use force against an aggressor state when and to the extent it appears to it and it reasonably believes that such conduct is necessary to defend itself from such aggressor’s imminent or act of unlawful force .
Right of existence and self-defense-
It is the right of a state to be free from dependence, dictation, subjection, control and intervention of another state or exterior power.
. Right of Independence
it is the right of a state to enter into diplomatic relations with other states by receiving and sending diplomatic representatives.
Right of legation
based on the doctrine that states are equal as international persons regardless of differences in size, population, power, degree of civilization etc.
Right of Equality
n, in Anglo-American law, the absolute and complete ownership of land, or the land itself which is so owned. Domain is the fullest and most superior right of property in land.
Domain
refers to the power of a state to affect persons, property, and circumstances within its territory
Jurisdiction
Modes of acquiring territory
1. Discovery
2. Occupation
3. Prescription
4. Cession
5. Conquest
6. Accretion
7. Reclamation
oldest method of acquiring title to territory; - not sufficient to establish legal title;
1. Discovery
is the intentional acquisition by a state over a territory which at the time of claim not under the sovereignty of any state.
2. Occupation
discovered area must be
physically occupied.
Related to title by discovery is the
hinterland doctrine or the principle of continuity.
If a state has made a settlement, it has a right to assume sovereignty over all () vacant territory, which is necessary
adjacent
the territory subject of claim must not be under the sovereignty of any state
(terra nullius)
the state must have effectively occupied the territory, that is, the state claiming the territory must have exercised immediate occupation
corpus occupandi
) on the territory after it displayed its intention to occupy
(animus occupandi).
means continued occupation over a long period of time by one state of territory actually and originally belonging to another state.
. Prescription
