elements of state

people

inhabitants of the state

territory

a fixed area or surface of the earth where the inhabitants of a state live and where they maintain a government of their own

terrestrial domain
maritime and fluvial domain
aerial domain

3 components of territory

terrestrial domain

the land mass otherwise known as ____

maritime and fluvial domain

the internal and external waters, which make up the ____ and _____

aerial domain

the air space above the land and waters, which is called the ____

discovery

the oldest method of acquiring title to territory. however, discovery alone would not suffice to establish legal title

hinterland doctrine or the principle of continuity

if a state has made a settlement, it has right to assume sovereignty over all adjacent vacant territory, which is necessary to the integrity and security of the settlement

occupation

the intentional acquisition by a state over a territory which at the time of claim not under the sovereignty of any state

the intention and will to act as sovereign

the intention can be displayed from the simple fact of publishing notices of sovereignty in various state journals or issuing laws on territorial assertions
the display of state authority must be peacefull and continuous

the peaceful and continuous display of state authority

2 ideas:
that the display of authority is ongoing
the display of state authority must exist up to the “critical date”

the intention and will to act as sovereign
the peaceful and continuous display of state authority

2 elements of effective occupation

prescription

continued occupation over a long period of time by one state of territory actually and originally belonging to another state
four reqs:
1. the possession mus be exercised in the form of actual exercise of sovereign authority
2. the possession must be peaceful and uninterrupted

3. the possesion must be publiv

4. the possession must bte for a long period of time

cession

the transfer of territory usually by treaty from one state to another

since cession is a bilateral transaction, the parties involved are states
cession may also be in the form of exchange of territory or in the form of gift or donation devise

conquest

acquiring territory by the use of force

acession

the attainment of sovereignty over new land due to slow movement of natural forces

discovery
occupation
prescription
cession
conquest 
accession

6 modes of  acquiring territory

sovereignty

supreme and independent authority of a state to govern itself without interference from outside powers

internal sovereignty

the state’s authority over its territory and people(the power to make and enforce laws, collect taxes, maintain order.)

external sovereignty

the recognition by other states that a counry has the right to exits and govern independently

legal sovereignty

refers to the body or authority that has the ultimate law-making power in a state

political sovereignty

the real power held by the people or political forces that influence how the state is run

popular sovereignty

ultimate power rests with the people. the government’s legitimcy comes from the consent of the governed

de jure sovereignty

sovereignty that is legally recognized, whether or not it is effectively exercised

de facto sovereignty

sovereignty that is actually exercised, regardless of legal recognition

legal sovereignty
political sovereignty
popular sovereignty
de jure sovereignty
de facto sovereignty

5 types of sovereignty