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Old Friday, June 14, 2019
Agha Shahriyar Khan's Avatar
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Default 2019 paper Q no 6

CSS paper 2019, Q no 6: 'A state that first physically occupies the territory retains sovereignty over it forever'. To what extent is this statement true of the acquisition of territory in international law.

This question confuses many aspirants. IF anyone attempted this question then kindly discuss his/her answer/views here... Thank You
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Old Sunday, June 16, 2019
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Originally Posted by Agha Shahriyar Khan View Post
CSS paper 2019, Q no 6: 'A state that first physically occupies the territory retains sovereignty over it forever'. To what extent is this statement true of the acquisition of territory in international law.

This question confuses many aspirants. IF anyone attempted this question then kindly discuss his/her answer/views here... Thank You
Here's my explanation to this:
The above statement is not completely true, bcz acquisition of territory is ever-changing process. A sate can acquire territory by: one, original modes of acquisition (this is mere for understanding). Two, derivative modes of acquisition. The derivative modes are: Occupation, Prescription, Accretion, Cession, and Conquest & Annexation. Under the derivative modes, one state can acquire while other can lose territory and exercise its sovereignty over it. Thus, sovereignty can't be retained forever.
Hope it clears your concept. Fellows can shed light further.
P.S. criticism welcomed.
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Old 1 Week Ago
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Originally Posted by The dream of rain View Post
Here's my explanation to this:

The above statement is not completely true, bcz acquisition of territory is ever-changing process. A sate can acquire territory by: one, original modes of acquisition (this is mere for understanding). Two, derivative modes of acquisition. The derivative modes are: Occupation, Prescription, Accretion, Cession, and Conquest & Annexation. Under the derivative modes, one state can acquire while other can lose territory and exercise its sovereignty over it. Thus, sovereignty can't be retained forever.

Hope it clears your concept. Fellows can shed light further.

P.S. criticism welcomed.
What is res nullius? A territory that is not sovereign and does not possess characteristics of statehood as mentioned in Montevideo convention. Before 1800, many island and territory was not sovereign and not even populated so any country or state that reached first time on that Res nullius , according to international law - especially according to customary International law- was become the part of country who first captured it. Hence, it is first and primitive mode of acquiring of state.


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