Public International Law Content
Meaning Of State Territory
State Territory is one of the cardinal requirement for statehood.
– occupation of territorial area.
• Simply, territorial sovereignty.
– Signifies that; within this territorial domain jurisdiction is exercised by the state over persons and property to the exclusion of other states.
• Resemblance to the patrimonial notions of ownership under private law.
• Defined area within borders
– A geographic area
– as a term of art comprises not only emerged land, but also airspace, the territorial sea, and internal waters
– Area may be independent
– Or dependent (colonial) on an external government but having some degree of autonomy.
– Sovereignty over Pedra Branca/Pulau Batu Puteh,
Middle Rocks and South Ledge Case
• ICJ noted that the term ‘ownership’ is sometimes used to refer to sovereignty
– in State practice,
– expressions such as
• ‘acquisition of ownership over a territory’,
• ‘to possess the property of a territory’,
• or ‘to have dominium over a territory’
• considered synonymous to ‘acquisition of territorial sovereignty’
• Change of ownership
– International law – involves change in sovereignty
– nationality of the inhabitants is altered
– Municipal law – no such changes are involved Sovereignty
• State lies upon the foundation of sovereignty
• Two types
– External (supremacy of a state)
– Internal (supremacy of governmental institution)
– Power of state to determine its foreign policy
– Independent relation with other state (to have legal relation)
– UN Charter – sovereign equality of states
– Separation of power
– Authority to make law, print money, military defense, taxation
Sovereignty and Jurisdiction
• Legal competence of states and the rules for their protection
– Depend on existence of stable, physically
identified (and legal determined) base
– State Rights (accumulation of rights)
– Refers to particular aspect of the substance, especially rights (or claims), liberties, powers
Ownership and Sovereignty
• Ownership means sovereignty
• Change in sovereignty changes ownership and vice versa