POLI SCI 316 Study Guide - Final Guide: Chapter Vii Of The United Nations Charter, International Military Tribunal For The Far East, International Criminal Tribunal For The Former Yugoslavia
29 Oct 2014
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Chapter 6: range of sovereignty: types of territory, sovereign. States possess the right to control land located within their territorial boundaries: trust. Land that is not subject to any territory because of some special status (there are no longer trust territories at this time: terra nullis (empty land) As a condition for establishing sovereignty over a territory. A state must prove that there was no other state legally controlling that territory. Incapable of ever being legally owned or controlled. It belongs to no-one and must remain available for all to use: historical methods of acquiring sovereignty over territory, occupation. Occupation is the effective control of territory exercised by a power with no sovereign title to the land, whether in defiance or absence of a proper sovereign: conquest. After the u. n. charter outlawed the use of force in 1945. Thus, conquest is no longer a reasonable form of acquisition of territory: cession.
