Territory plays a central role in the sovereignty and power of any nation. In international law, the Modes of acquiring territories refers to the lawful process by which a state gains sovereignty over a new area. Over time, jurists and scholars have identified five primary modes of acquiring territories. Each mode is recognized under customary international law and involves different legal processes and historical contexts.
Let’s explore each mode in detail:
Occupation
Occupation is the process of acquiring territory that is terra nullius, meaning land belonging to no one. A state can claim sovereignty over such land by occupying it with the intention to acquire it permanently.
Example:
- The early colonization of lands like Australia was based on the principle of occupation, as British settlers claimed it as uninhabited or unowned.
Key Points:
- Applicable only to previously unclaimed land
- Requires both intention and effective control
Accretion
Accretion refers to the natural expansion of a state’s territory through geographical changes like the formation of islands or gradual buildup of soil along riverbanks.
Example:
- A river changes its course, creating new land that attaches to a country’s existing boundary. This land becomes part of the state by accretion.
Key Points:
- Occurs naturally, not by human effort
- Recognized under both international and environmental law
Cession
Cession is the transfer of territory from one state to another, usually formalized by a treaty. It may happen as a result of negotiations, purchases, or war settlements.
Example:
- The United States acquired Alaska from Russia in 1867 through a treaty and payment of $7.2 million.
Key Points:
- Requires mutual agreement
- Often involves compensation or treaty arrangements
Annexation (Conquest)
Annexation, historically known as conquest, occurs when one state forcibly takes control of another’s territory, often through military action. Modern international law does not recognize conquest as a legitimate mode of acquisition anymore.
Example:
- Iraq’s invasion and attempted annexation of Kuwait in 1990 was condemned by the United Nations and reversed through military intervention.
Key Points:
- Now considered illegal under the UN Charter
- Violates principles of sovereignty and non-aggression
Prescription
Prescription involves the gradual acquisition of territory through long, uncontested occupation. If a state exercises control over a territory for a long time without objection from the original sovereign, it may eventually acquire legal title.
Example:
- A disputed area under the continuous control of one state for decades, with no resistance from the other state, may lead to lawful acquisition by prescription.
Key Points:
- Requires peaceful, open, and continuous possession
- No formal protest by the original owner
