Modes of Acquiring Territory — KSLU Pil Notes

Modes of Acquiring Territory

ModeMeaningLegality TodayExample
OccupationTaking terra nullius (ownerless land)Legal if truly ownerless19th century colonial expansion
PrescriptionLong, continuous, peaceful, uninterrupted possession with animus occupandiLegalUK over Gibraltar (disputed by Spain)
CessionVoluntary transfer by treatyLegalAlaska — Russia to USA (1867, $7.2M)
Conquest/AnnexationAcquisition by forceIllegal — Art 2(4) UN CharterIraq annexation of Kuwait (1990) — reversed
AccretionNatural addition — river sediment, volcanic islandLegalNew islands in Bay of Bengal

Key rule since 1945: Conquest is illegal under Art 2(4) UN Charter. Title obtained by force is not recognised (ex injuria jus non oritur).


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