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V State territory means the sphere within which a state

enjoys sovereignty.
V The concept of sovereignty is enjoyed within the
domain of state territory.
V According to Bodin, Hobbes and Austin sovereignty
has three main characteristics and these are as follows:
(1) Sovereignty is essential in the State. (2) Sovereignty
is indivisible ( power is give to individual or group as a
whole). (3) Sovereignty is unlimited and illimitable. (
but that does not mean that a State has an absolute
power to do whatever it wants).
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V ëase laws
V Island of Palamas Arbitration (1929) (Award of the
PëIJ)
V Dispute between America and Netherlands over the
Island of Palamas.
V America claimed to have acquired it under a treaty of
1898 with Spain.
V Netherlands claimed to have acquired it since 1700.
V It was held that although the said Island was
discovered by the Spaniards they never occupied it and
establish contracts with the inhabitants of the Island.
V !astern Green Land ëase PëIJ Series A/B No. 53: the
Permanent ëourt of International Justice laid down the
following two tests: (1) There must be an intention and will
to act as sovereign over the concerned territory to occupy a
territory. (2) There should be some actual exercise or
display of such authority
V Facts of the case: in 1931 Norway declared her sovereignty
over the !astern part of Green Land. On the other hand
Denmark also claimed her sovereignty over the said
territory. During the second world war the allied forces had
declared that the whole Greenland was a part Denmark
and even Norway accepted it.
V It means right acquired by a State over the territory of other
State by Possession.
V Dictionary meaning: `   
   `
V According to D.H.N. Johnson, a State may acquire some
part of territory only when the following conditions are
fulfilled: (1) When it has not accepted the sovereignty of
any other State over the said territory and took the said
territory under its possession. (2) possession should be
peaceful. (3) possession should be without interruption.
(4) Possession should be in public. (5) possession should
be for a definite period. (6) Possession should be observed
as matter of right.
V According to Starke, Dz Title by accretion occurs when
new territory is added mainly through natural causes,
to territory already under the sovereignty of the
acquired State.dz
V State Territory + other territory (acquired by natural
causes like flood etc.)
V No formal act or assertion of title is necessary.
V ëession may be either be a voluntary act or in consequence of
a war.
V Sovereignty over the territory is transferred to other State to
exercise sovereignty.
V Union of India v Sukumar Sengupta AIR 1990 Së 1692. In the
year 1974 agreements were entered into between India and
Bangladesh wherein Tin Bigha area was given to Bangladesh
to connect Dahagram and Panbari Mouza of Bangladesh. As
per the agreement DzLease in perpetuity was given over the said
area at the rent of half a rupee per annum. Later on India
waived its right to charge rent from the said area. But it was
mentioned in the agreement that the sovereignty over the said
area shall continue to be vested in India. The court held that
this does not amount to cession of the said territory by India.
V This mode has become obsolete after the
commencement of U.N. ëharter.
V Article 2(4) of the said authority says that the
members of U.N shall respect the territorial integrity
and political independence of each other and shall not
use force against each other.
V !xample: annexation of Kuwait by Iraq. After
annexation Iraq declared Kuwait its 19th province but
Security ëouncil declared that such annexation was
null and void. Subsequently kuwait was freed.
V Lease means a contract by which the owner of the
property allows other to use it for a specified time in
return of payment. !x. Panama leased Panama ëanal
area to USA., lease of Tin Bigha land to Bangladesh by
India.
V Pledge: Sometimes for money a State may pledge a
part of its territory to another State.
V Plebiscite: West Iran claimed by both Netherland and
Indonesia. A plebiscite was held under the auspices of
U.N. The people of West Iran declared to merge with
Indonesia. Kashmir issue.
V ë!SSION.
V OP!RATION OF NATUR!.
V SUBJUGATION. (BY D!F!ATING)
V PR!SëRIPTION.
V R! OLT. (BANGLAD!SH/!AST PAKISTAN)
V D!R!LIëTION: WH!N A STAT! FAILS TO !!RëIS!
ITS SO !R!IGNTY O !R TH! SAID T!RRITORY.
V LOSING A T!RRITORY BY GRANTING
IND!P!ND!Në! TO A ëOLONY

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