Study Set Content:
Four requirements of prescription:
1)the possession must be exercised in the form of actual exercise of sovereign authority;
2) the possession must be for a long period of time;
3) the possession must be public; and
4) the possession must be peaceful and uninterrupted.
The peaceful and continuous display is also an essential element although as compared to occupation, prescription requires a () proof and () period of the display of authority.
stricter, longer
Moreover, any protest or objection by the losing state destroys the peaceful display of authority of the
claiming state
is the transfer of territory usually by treaty from one state to another.
Cession
Concomitant of transfer of territory is the transfer of sovereignty from the owner state to another state.
Cession
And since cession is a bilateral transaction, the parties involved are
states
may also be in the form of exchange of territory or in the form gift or donation or devise.
Cession
is acquiring territory by the use of force. The practice before was after conquest, the conqueror annexed the conquered territory to his state.
Conquest
Thus, conquest first takes place followed by
annexation.
But with the establishment of the (), conquest is no longer acceptable in the international community.
United Nations
n is the attainment of sovereignty over new land due to slow movement of natural forces. Example of this is the gradual movement of a river bed.
Accretion
On the other hand, if the natural forces happened suddenly, like creation of an island in territorial waters due to volcanic eruption, it is referred as
avulsion
is the process of creating new land from oceans, riverbeds, or lake beds.
Reclamation
FACTORS THAT AFFECT STATE POWER:
1. Area & location;
2. Climate and natural resources;
3. Size and quality of population;
4. Events in history
5. Institutions and policies;
6. alliances and other factors such as international prestige, military strength, etc.
