State Territory
State territory may be defined as a portion of globe which is subjected to the sovereignty of a State.
The importance of state territory is that it is the
space between which the state exercises its supreme, and normally exclusive authority.
A state without territory is not possible, although the required territory may be very small, e.g., Vatican City
A wandering tribe, although it has a government and is otherwise
organized, is not a state until it has settled down in a territory of its own.
State Territory
Article 1 of the 1933 Montevideo Convention on the Rights and Duties of the States:
A defined territory is one of the most important components of state to be the subject of international law.
According to Keelson:
The territory of the state is a space within which acts of the state and specially its coercive acts are allowed by general international law.
• Article 2(4) of UN Charter:
All members shall refrain in their territorial relations from the threat or use of force against the territorial integrity political or independence of any state.
Article 2(7) of UN Charter:
United Nation shall not intervene in matters which are essentially within the domestic jurisdiction of any state.
A territory of a state consists of:
lands within the territorial boundaries
national waters (i.e., rivers, lakes, bays,estuaries, other enclosed areas and the territorial sea)
Maritime Belt
Airspace
Modes of acquiring territories:
Occupation:
occupation consists in establishing sovereignty over a territory.
the territory should not be under the authority of any other state
it may be an abandoned property by the state
formerly in control express declaration about the occupation and its
purpose is necessary
mere occupation is not enough, express acts or actions is
necessary to establish absolute control by the occupier.
Distinction between occupation and subjugation:
• In case of subjugation, the territory previously belonged to another state
• In case of occupation, the territory did not belonged to any other
state.
Accretion:
Title by accretion occurs mainly through natural causes.
The new territory should be under the sovereignty of the acquired state
No formal act or assertion of title is necessary
Example:
An example of accretion is the South Talpotti or New Moore Island, located in the coastal, shallow Bay of Bengal immediately south to the international border river, the Hariabhanga, flowing between Satkhira district of Bangladesh and the South 24 Parganas district of West Bengal.
The island was claimed by both Bangladesh and India. India have reportedly hoisted the Indian flag on the island in 1981 and established a temporary base of Border Security Force (BSF), regularly visiting with naval gunships.
The dispute was resolved on 7 July, 2014, when the PCA delivered a verdict in the "Bay of Bengal maritime boundary arbitration between Bangladesh and India" case. The PCA came to the conclusion that, although the island is currently beneath the sea level in future it will under India's jurisdiction.
Prescription:
• Prescription is the result of peaceable exercise of de facto sovereignty for a very long period
• Over a territory subject to the sovereignty of another state
• Possession should be peaceful and uninterrupted
Island of Palmas Case; (Netherland Vs. U.S., 1928)
It is not sufficient to have an intention to establish
sovereignty over the territory concerned. It is also necessary to make some actual exercise of such authority.
Difference
between occupation and prescription is that, occupied land is terra nullius(ie, a territory which has never been subject to the sovereignty of any state), but in prescription, the land is under the another state, but is occupied by peaceful exercise for a long period. Case: The Temple of Preah Vihear (Combodia Vs. Thailand, ICJ, 1967)
Combodia will be entitled sovereignty over the temple and it will be included within its territorial boundary. The reason is that Combodia exercised its sovereignty over such temple peacefully for a long period and there was also no opposition or claim on behalf of Thailand. Although the temple actually belonged to the Thailand.
Cession or Exchange:
Territory may also be acquired through cession or exchange
it may either be a voluntary act or in consequence of a war, or through purchasing or exchanging
Examples:
• Exchange of enclaves between Bangladesh and India
• Purchasing of Alaska from Russia by USA, etc.
Conquest or annexation:
Another mode of acquiring territory
Sovereignty must be established over the territory effective occupation after conquest is necessary
According to Article 2(3) of the UN Charter, acquisition of territory by annexation is no more legal.
Example:
Annexation of Kuwait by Iraq; Security Council UN declared such annexation as null and void and subsequently, Kuwait was freed
.
Lease:
A state may a part of its territory to another state Example: Panama
lease Panama Canal area to the USA
State Jurisdiction: State has two kinds of jurisdiction. These are as follows:
a)Territorial Jurisdiction-
b)Extra -Territorial Jurisdiction-
a)Territorial Jurisdiction- Jurisdiction of a state over its territory is
considered as territorial jurisdiction. State enjoys civil as well as criminal jurisdiction over all persons who are residing within the territory of that state but have some few exception.
b)Extra -Territorial Jurisdiction- There are some circumstances in which state have the extra-territorial jurisdiction.
Embassies- Embassy of one state situated in other states are immune from the jurisdiction of that state. Embassy is considered as part of the state which it belongs.
Diplomatic Agent- Diplomatic agents of state have certain immunity because of the nature of the work.
Foreign Sovereign: Head of any state has granted some immunity.
Foreign Armed Forces: During training period between two countries the armed forces of another country is still under the jurisdiction of that country.
