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2. GROUP 6 MEMBERS  ATAKPA, UYOBONG ADAM- 10/LA/1074  ISIKIMA, PAMELA GLORY – 10/LA/1065  EMMANUEL, MICHAEL MATTHEW- 10/LA/1075  GRAHAM, ESTHER MFONABASI - 10/LA/1108  AKPAN, NSIMA NDIFREKE – 10/LA/1129  UDOFIA, DANIEL HANSON -11/LA/1269  EFFIONG, AKANIMO- 10/LA/1140  NKIM, LOUIS- 10/LA/1107

3. PRESENTS

5.  Introduction.  MODES OF ACQUISITION OF STATE TERRITORIES.  MODES OF LOSING TERRITORY.  THE EFFECT OF THE UNITED NATIONS CHARTER ON THE ACQUISITION AND LOSS OF STATE TERRITORIES.  conclusion OUTLINE

6.  Territorial integrity implies territorial sovereignty, political independence and equality of states.  It is the principle under international law that postulates that nation-states should not attempt to promote secessionist movements or to promote border changes in other nation-states. Conversely it states that imposition by force of a border change is an act of aggression.international lawsecessionist borderact of aggression

7.  The territory is recognized as more than just a necessary requirement of statehood.  The territory is the exclusive zone in which the political independence of a state can find its expression and where foreign governments may not – as a matter of principle–interfere.

9. MODES OF ACQUISITION OF STATE TERRITORIES  Occupation  Prescription  Accretion  Cession  Annexation/ conquest  Lease  Pledge  Plebiscite  Purchase  Newly born states  Adjudication

10. OCCUPATION  Occupation in international law means an act of appropriation by a state over a territory which does not belong to any other (terra nullius).  It is however worthy to note that this particular mode of acquisition of state is no longer in vogue, reason being that there exists no virgin land that is not owned by any person or state.

12.  occupation must be by a state and not by private individuals, it must be effective and it must be intended as a claim of sovereignty over the area.  The high seas cannot be occupied in this manner for they are res communis, but vacant land may be subjected to the sovereignty of a claimant state

13. ESSENTIALS ELEMENTS FOR EFFECTIVE OCCUPATION:  Direct evidence of possession.  An exhibition of actual authority.

14. NETHERLAND V. U.S (ISLAND OF PALMAS CASE)

16. PRESCRIPTION  THIS A METHOD OF AQUIRING A NON POSSESSORY INTEREST IN LAND THROUGH THE LONG CONTINOUS USE OF THE LAND.  international law does not fix any certain time before title can be acquired by prescription. The 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.

17. V. U.S (Chamizal Arbitration) MEXICO

18. CONDITIONS TO BE FULFILLED BEFORE A TERRITORY CAN BE SAID TO BE ACQUIRED BY PRESCRIPTION Where occupying state has not accepted the sovereignty of any other state over the said territory. Possession should be peaceful. There should be no interruption. Possession should be for a definite period not less than 20 years.

19. ACCRETION  This is the formation of new lands (islands) because of natural acts such as volcanoes, floods etc.

21. FORMS OF ACCRETION: (i) Artificial. (ii) Natural.

22. CESSION Cession is the transfer of sovereign over a definite territory by one state to another state Cession could either be voluntary or under compulsion  Example: India ceased Berubari and gave it to Pakistan

24. ANNEXATION/CONQUEST: It is the acquisition of the territory of another. Annexation can either be voluntary without the use of force or may be through compulsion by the use of military force. Examples: - China’s annexation of Tibet -Iraq’s invasion of Kuwait -Sikkim an independent country, voted to join and get annexed to India.

27. U.N CHARTER ON ANNEXATION: The forceful acquisition of the territory of another has been greatly condemned by UN charter by Article 2(4) under which member state cannot acquire territories by annexation.

28. LEASE: A state may give territory to another state under lease for a certain period.  Example: - China leased Hong Kong to Great Britain for a period of 99 years. -Some islands of Cyprus are leased to Great Britain.

30. PLEDGE:  Pledge is also a mode of acquiring state territory. Under some circumstances a state is compelled to pledge part of its territory in return of certain amount of money. A state can pledge a land to another for a loan which should be repaid to her with interest on a certain date.  Example: Republic of Genoa pledged the island of Corsica to France.

31. CORISCA

32. PLEBISCITE: Plebiscite is a decree of the people to join a territory with another State  Example: South Sudan voted to leave Sudan. Northern Cameroun voted to leave Nigeria

34. PURCHASE: This is the process of paying money to another territory by one country for the purpose of transferring ownership to that territory. It is simply the selling of a territory by one to another.  Example: Soviet Russia sold Alaska to USA

36. NEWLY BORN STATES: Territories get separated and they themselves declare independence.  Example: Soviet Russia split into many individuals countries. Bangladesh declare its independence from Pakistan.

38. ADJUDICATION: This is the formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. It implies a hearing by a court, after notice, of legal evidence on the factual issue(s) involved.  Example: Nigeria-Bakassi case.

39. MODES OF LOSING TERRITORY  Cession  Operation of nature(accretion)  Renunciation  Independence to a colony  Prescription  Occupation  Revolt  Lease  Pledge  Plebiscite  Disappearance

40. THE EFFECT OF THE UNITED NATIONS CHARTER ON THE ACQUISITION AND LOSS OF STATE TERRITORIES.

42. territorial integrity of every member state under the following provisions: Article 2(1) Article 2(4) and Article 2(7)

43. ARTICLE 2(1) ‘‘The Organization is based on the principle of the sovereign equality of all its Members’’

44. ARTICLE 2(4) ‘‘All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.’’

45. ARTICLE 2(7) ‘‘ Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.’’

46. The UN charter clearly frowns at the use of force i.e conquest which is one of the mode of acquisition of state territory. However, the UN charter is silent on other internationally recognised modes of acquisition and loss of state territories.