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Max Planck Encyclopedia of Public International Law [MPEPIL]

Territorial Change, Effects of

Gleider I Hernández

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 08 February 2023

Subject(s):
Foreign relations law — Maritime boundaries — Sovereignty — State succession

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 The general regime applicable in different situations of territorial change varies depending on the manner in which this change has come about. Sir Robert Jennings identified five traditional ‘modes’ whereby territorial sovereignty was acquired or changed: (1) occupation (Occupation, Pacific) of territory that is res nullius or under the sovereignty of no one; (2) prescription, whereby effective possession over a sufficient period of time is constitutive of legal title; (3) cession, the transfer of territory from one sovereign to another through a legal...
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