LAWS 2601 Chapter Notes - Chapter 10: Innocent Passage, Uti Possidetis, Supreme Court Of Canada
7 Dec 2017
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Sovereignty itself, with its retinue of legal rights and duties, is founded upon the fact of territory. (352) Without territory a legal person cannot be a state. (352) Sovereignty in relation to a portion of the globe is the legal condition necessary for the inclusion of such portion in the territory of any particular state. " (354) This term relates to both the factual and legal conditions under which territory is deemed to belong to one authority or another. (354) Claims to territory may be based on a number of different grounds, ranging from the traditional method of occupation or prescription to the newer concept of self- determination, with various legal and political factors. (355) Boundary treaties, whereby either additional territory is acquired or lost or uncertain boundaries are clarified by agreement between the states concerned, constitute a root of title in themselves. (358) Many boundary disputes revolve around the question of treaty interpretation. (358)
