STATE TERRITORY (ST)

Each state is established within a definite area of the globe. The territory over which a state
has an exclusive control and jurisdiction is referred to as ST. A ST is the property of that
state. It can exercise supreme authority over the ST. This supreme authority is subjected to
certain general regulations laid down by the rules of IL in the interest of maintaining
International Peace and security.

Classification of ST
Under IL, ST is classified into:
a)
b)
c)
d)

Land Territory,
Water Territory
Air Territory
Sub Soil or Underground
Land Territory

ST consists of land within its boundaries. A boundary is therefore a line on the surface of the
earth which separates the territory of one state from that of another, or from inappropriate
territory, or from the open sea. Under IL, those land masses which are under the complete
sovereignty of a state fall under the land territory.

Modes of Acquisition of Land Territory

Acquisition of a territory by a state means the acquisition of sovereignty over such territory,
An existing state may acquire the territory which may already be under the sovereignty of
another state or which may not belong to any state i.e. res nullius. Traditionally there are five
modes of acquiring territory, namely:

Occupation;
Accretion;
Prescription;
Cession;
Annexation;

The first two are called original mode of acquisition ( territory of one state is enlarged
without loss of the territory by another state) and the last three derivative mode of
acquisition ( acquisition enlarges the territory of one state and which inversely is the loss of
another state).
Occupation

This is the original mode of acquiring ST. Land territory which was formerly unoccupied
(terra nullius), may become a part of a state through occupation. A territory inhabited by
tribes or nomadic people having their social and political organisation cannot be of the nature
of terra nullius. For acquiring a territory, not under the sovereignty of any state, mere
discovery of the territory is not sufficient. For the occupation to be effective two basic
elements taken into consideration are:
i.
ii.

There should be intention(animus) to occupy as a sovereign, and

It should be backed by adequate exercise or display of authority (corpus).

Besides intention, there must be effective occupation such as collection of taxes or making
agreements with other countries connected with the occupied territory so as to get recognition
of its sovereignty over this territory. However, the degree of authority necessary for effective
control will vary according to circumstances.
Island of Palmas Arbitration Case (U.S.A. v. Netherlands)
In this case, Netherlands discovered the Island of Palmers and left. After this US started
administering and claimed the territory.
Then the question came up for consideration as to who was the real owner and whether
discovery or administration would be the criteria to confer rights.
The Court herein held that mere discovery not sufficient enough to acquire a land territory
through occupation. An effective administration is also required.
Subsequently question came up as to how the administration is to be proven.
As per Salmond and Savigny there are 2 criterias:
i.
ii.

Animus possedendi: means intention to possess

Corpus possedendi: means body of the object.

In the case, Permanent Court of Arbitration decided in favour of Netherlands, and said in
order to claim any territory under occupation the country should have animus and corpus over
the territory claimed. While applying this they found Netherlands have this.
Eastern Greenland Case
In the case between Norway and Denmark applying the rules of animus and corpus Court
decided that Denmark has right of the disputed territory.
Occupation as a mode of acquiring ST has lost its significance in view of the fact that there is
no territory terra nullius.

Prescription
It is continuous and undisturbed exercise of sovereignty for such a period as is sufficient to
fulfil the conviction of its correctness in international order. A state can acquire a property by
long possession. There should be long duration depending upon the circumstances.
However, the possession must be peaceful, continuous, and should be in public. State should
establish their sovereignty over the territory.
Kasikili/Sedudu Island : Botswana and Namibia claimed right over the above territory by
prescription and court decided in favour of Namibia.
Conditions/essentials for prescription were established in the case of Belgium v. Netherlands
(Frontier Land Case).
There was a frontier land under the title of Belgium. Subsequently Netherlands started
administering Frontier land for almost 100 years. Then Belgium filed a case against
Netherlands on basis of title. Netherlands claimed on basis of prescription. The ICJ held that
mere routine and administrative acts performed by local authorities (NETHERLANDS
OFFICIALS) in a certain area could not displace the legal title of Belgium to that area. It also
established four principles. In order to claim by prescription the claimant should have :
i.
ii.
iii.
iv.

Indefinite period of Possession: What is long period will be decided upon facts of case.
Possession should be continuous and uninterrupted.
That property should be under the complete sovereignty of claimant.
Control on administration should be public.

Cambodia v. Thailand (Temple Of Preah Vihar)

The temple was situated on boundary of Cambodia and Thailand. Thailand deployed their
military in this temple and they started administering it. Cambodia claimed it on the ground
that the temple was situated in their territory and hence they have the ownership. Thailand
objected on ground of prescription. Court held, Thailand cannot claim through prescription as
ingredients of continuous and uninterrupted possession and complete sovereignty of property
was not present.
The major difference between Occupation and Prescription is that in occupation the land
acquired is a no mans land and in prescription there is already an owner but through long
possession that land is acquired.
Accretion
Accretion is an original mode of acquiring state territory. It is addition of new land territory
of a state through the operations of nature. Thus an island may appear in the territorial sea of

a state, adding to its territory and it will automatically belong to the coastal state. It may again
be by gradual alluvial deposits or alluvial formation of islands. Basically, new land emerged
through accretion goes to the country that has natural connection to the land. In accretion, no
formal act or assertion of title is required by international law. Eg. In 1976, Iwo Jima Island
which was created due to volcanic eruption that came under the control of Japan.
Cession
It may be defined as the transfer from one state to another sovereignty over a definite
territory. The cession of a territory may be voluntary such as gift, exchange or sale following
peaceful negotiations, or it may be under compulsion as a result of war conducted
successfully by the state to which the territory is to be ceded. Under the UN Charter, use of
threat of force by a state against another states territory is prohibited and therefore a treaty of
cession made by a state in favour of another state by the threat or use of force in violation of
the principles of IL will be void (VCLT).
Methods of Cession:
a) Based on Agreement
b) Through Judicial Decision or Arbitral Award
India got Berubari Union Territory through arbitral award.
Principle forms of Cession are:
a) Gift: During the 17th century, the kind of Portugal gifted Bombay to the Prince of
Britain as a marriage gift, Venice was gifted by Italy to France in 1866.
b) Sale: Russia sold Alaska to the US in 1867 for $72 Lakhs. Similarly Mauritius sold
Diego Garcia to the UK for 30 lakh Pounds.
c) Lease: The UK leased Diego Garcia to the US in 1974. In case of lease, the
sovereignty is transferred temporarily and after the period of lease, it reverts back to
the lessor state. Again, if the lease agreement clearly stipulates that the sovereignty
will not be transferred, then the ceding state retains sovereignty over leased territory.
Such lease is not cession. Eg. India leased 3 bighas to Bangladesh , was not regarded
as cession because the lease agreement specifically provided that the sovereignty over
the leased territory shall continue to vest in India.
d) Exchange: Germany exchanged Heligoland for Zanzibar with UK in 1890.
The ceded territory goes to the new sovereign with all international obligations locally
connected with the territory.
Annexation

This type of acquisition takes place by conquest or subjugation. Mere military conquest does
not give title to the territory of the defeated state. Conquest followed by annexation gives title
to the territory.
Methods of Annexation:
-Through War
-Through Unitary Action.
At present it is not a legal method of acquiring land. UN Charter prohibits military
interference in another country. [Article 2(4)]
Award
Territory may be acquired by a state through adjudication by a judicial organ such as ICJ, ad
hoc arbitral tribunals or conciliation commissions. If a given territory, which is a part of one
state, and later, after objection is raised by another state, is submitted to the judicial organ for
settlement which gives award in favour of the latter, the title is regarded as to have passed
through award but where a part of the state is awarded to another state by the judicial organ in
pursuance of the adjustment or settlement of boundary dispute that doesnt amount to
acquisition of territory. Eg. Berubari Union Territory was given to India by award.
Plebiscite
A State may also acquire territory if the inhabitants of a given territory wish to merge with
another state. UN recommended Plebiscite for Pakistanistan. Eg. Dispute regarding West Iran
territory which both Netherland and Indonesia claimed. Indonesia was selected by West Iran.
Pledge
Giving away a part of land to other country as a pledge. Eg. 1978, Republic of Guinea
pledged Island of Corsika to France for Money.
Through Independence one state can acquire territory
Pakistanistan got all land through Independence; Bangladesh;South Sudan.

Methods of Loss of State Territory

All methods of acquiring except occupation and accretion are ways of losing territory. Other
methods are:

Dereliction / Abandonment
Dereliction frees a territory from the sovereignty of the present owner State. It is effected
when an owner state completely abandons a territory with the intention of withdrawing from
it for ever and relinquishes sovereignty over it. If a state abandons any part then that territory
would be lost by them by abandonment. Dereliction requires first actual abandonment of a
territory and secondly, the intention of giving up sovereignty over it. e.g. the cases of island
of Santa Lucia and D. Dilagoa Bay.
Vanishment (or Disappearance):
A state may lose territory when its territory, generally islands, vanishes due to volcanic
eruptions, land subsistence, soil erosion and other natural calamities. The earthquake may
also result in the vanishment of an island. A number of tiny-little islands have disappeared in
last 200 years due to the above factors. Eg. The Ghormara Island situated in West Bengal.
Secession
In case of secession a state loses a part of its territory to which there is no corresponding
acquisition of territory by another state. In such cases, losing part, after severance, acquires
new and separate international personality. Secession may take place either peacefully or by
revolt.
DIFFERENCES.
Occupation and Prescription :
In O, it is no mans land, In P, there is already an owner, but through subsequent long
possession they take over the sovereignty. O takes place when a state intentionally acquires
sovereignty over such territory which is at that time not under the sovereignty of any other
state, It involves two elements a) will to exercise sovereignty and b) show or exhibition of
actual authority. On the other hand, title by prescription is acquired by peaceable exercise of
de facto sovereignty for a long period.

Water territory
National Waters
They are sometimes called internal waters. They include water in its canals, in its rivers
together with their mouths, in its ports and harbours and in some of its gulfs and bays.

a) RIVERS
On the basis of involvement of countries into river, they can be divided into four categories:

National Rivers: Those which flow wholly, i.e. from its source to its mouth, within
the boundaries of one and the same state. Such rivers belong to that State exclusively
and no other state is entitled to right of navigation on it. They originate and end in one

country. They are called. Eg. Narmada, Tapi

Boundary Rivers: Rivers which separate two different states from each other. They
create boundaries of two states, and therefore are called boundary rivers. Eg. IndusIndia and Pakistan, Brahmaputra- India and Bangladesh , Jhelum India and

Pakistan
Multinational Rivers: Those rivers which run successively through two or more
states and may therefore be described as Plurilateral or Multilateral Rivers. Also
known as Non-National Rivers. They are owned by more than one state and each

state owns that part which runs through its territory. Eg. Nile, Amazon, Ganga.
International Rivers: Those pluri-national rivers which are navigable from the open
sea and which, though belonging to the territories of the different states concerned are
nevertheless named international rivers, because freedom of navigation on them in
time of peace is recognised by treaty. Eg Tham

In case, two or more countries involved w.r.t the question of ownership, respective portion
will be considered as part of respective territory.
India and Bangladesh Dispute
Under IL, there is no treaty regarding water dispute. CIL says that whenever there is
involvement of two or more States in a river and there is a dispute then all the decisions
having effect of limiting or obstructing the flow of water should be taken in consultation with
other States and a conclusion/compromise should be reached.
b) Canals
They are constructed by the states. They form part of the territories of respective states. When
canals are so constructed as to affect an international water system or an international
drainage area, they become important for other states as well. Such canals are referred to as
inter-oceanic canals. Examples: Suez Canal, Kiel Canal, Panama Canal. They are kept
open for navigation to vessels of all states. Territorial state has a right to have exclusive
control over them. Normally use of canal by other states and the control of the territorial state
are regulated by the treaties.
c) Straits

According to IL, straits extending to the breadth of 6 miles are considered within the territory
of the coastal state. The ones beyond 6 miles are outside the territory of the coastal state and
they are open to all these states without discrimination during war or peace, they may be
termed as International straits. General Agreement is that states have a right of innocent
passage over such straits.
Corfu Chanel Case
It was held by the ICJ that the right of innocent passage can be exercised without prior
authorisation of the coastal states. Presently, law relating to straits has been codified by the
UN Convention on the Law of the Sea of 1982.
d) Bays
Convention on Law of the Sea defines bay as a well-marked indentation whose penetration is
in such proportion to the width of its mouth as to contain land-locked waters and constitute
more than a mere curvature of the coast.
e) Territorial Sea: 12 Nautical Miles from coastal area.

Air territory
AIR SPACE: No agreed limit but general parlance says that whatever is above the state
belongs to the state and outer space belongs to everyone but air space is limited to an extent.
A state has sovereignty over the air space above its territory and territorial sea. It follows that
air space over the high seas and over the unoccupied territories is absolutely free from the
jurisdiction of any state.
Subsoil/underground territory
SUB-SOIL: The subsoil beneath the territorial land and water is of importance on account of
telegraph and telephone wires and also on account of the working of the mines and the
building of tunnels. The subsoil on an unlimited depth belongs to state which owns the
territory on the surface and the territorial waters attached to the territory of the states.
COMMON TERRITORY
a) Outer Space: Outer Space is considered as common property of mankind. State can
exercise control over object sent or structure built. Article 1 of Outer Space Treaty,
1969 declares that outer space is not anyones property.
b) High Seas: High Sea is the area beyond 200 nautical miles from the baseline. It is
also considered common property of mankind. When measure from baseline, 12 NM
is territorial seas, 24 NM Contiguous Zone, 176 NM is Exclusive Economic Zone,

then high seas. The classification is given under LOS convention, because of
traditional practice of international community. CZ is the area where state can exploit
natural resources. EEZ limited to control over economic activities.
c) Arctic and Antarctica: Area of Arctic and Antarctica are considered good for
scientific research, therefore international community decided to declare it as
common property of mankind. In pursuance of that treaty of Antarctica was adopted
in 1954 and the same was declared as common property.