Law 5110 Study Guide - Quiz Guide: Territorial Entity, Genocide Convention, Uti Possidetis
Document Summary
Difficulty to distinguish whether state"s attempt to acquire territory is occupation or prescription; title of disputed territory will be awarded because it has a claim superior to that of a competing state. Regardless of whether claim to title is based on occupation or prescription, it must rest on the effective possession of the territory. Island of palmas case: spain"s 1898 cession of the philippines to the us; the. Netherlands and the us were in disagreement whether the cession included the island of palmas; judge ruled in favour of the netherlands, saying that the continuous and peaceful display of territorial sovereignty is as good as title. Initial discovery not enough for appropriation: there must be an effective occupation of the territory within a reasonable time. Requirement that state must display territorial sovereignty" means that it must have behaved as a state in the disputed territory.
