Acquisition Of Sovereignty
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Acquisition Of Sovereignty
A number of methods of acquisition of sovereignty are or have been recognised by international law as lawful methods by which a state may acquire sovereignty over territory. International law adopts much of Roman property law in regards to acquisition of sovereignty due to the underlying European civil law at the time of early discovery voyages such as Christopher Columbus. The basis of acquisition of states ownership of vacant territory therefore continues to apply, (and was often applied historically to land already possessed by indigenous populations). Accretion Accretion refers to the physical expansion of an existing territory through geological processes, such as alluvion (the deposit of sediment) or vulcanism. Cession A state may acquire sovereignty over territory if that sovereignty is ceded (transferred) to it by another state. Cession is typically effected by treaty. Examples of cession include the cession of Hong Kong Island and Kowloon, purchases such as the ...
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Public International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mut ...
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Treaty On The Final Settlement With Respect To Germany
The Treaty on the Final Settlement with Respect to Germany (german: Vertrag über die abschließende Regelung in Bezug auf Deutschland; rus, Договор об окончательном урегулировании в отношении Германии, r=Dogovor ob okonchatel'nom uregulirovanii v otnoshenii Germanii ), or the Two Plus Four Agreement (german: Zwei-plus-Vier-Vertrag;; rus, Соглашение «Два плюс четыре», r=Soglasheniye «Dva plyus chetyre» short: German Peace Treaty), is an international agreement that allowed the reunification of Germany in the early 1990s. It was negotiated in 1990 between the Federal Republic of Germany and the German Democratic Republic (the eponymous ''Two''), and the Four Powers which had occupied Germany at the end of World War II in Europe: France, the Soviet Union, the United Kingdom, and the United States; it also replaced the 1945 Potsdam Agreement before. In the treaty, the Four Powers renounced all right ...
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Treaty Of Utrecht
The Peace of Utrecht was a series of peace treaties signed by the belligerents in the War of the Spanish Succession, in the Dutch city of Utrecht between April 1713 and February 1715. The war involved three contenders for the vacant throne of Spain, and involved much of Europe for over a decade. The main action saw France as the defender of Spain against a multinational coalition. The war was very expensive and bloody and finally stalemated. Essentially, the treaties allowed Philip V (grandson of King Louis XIV of France) to keep the Spanish throne in return for permanently renouncing his claim to the French throne, along with other necessary guarantees that would ensure that France and Spain should not merge, thus preserving the balance of power in Europe. The treaties between several European states, including Spain, Great Britain, France, Portugal, Savoy and the Dutch Republic, helped end the war. The treaties were concluded between the representatives of Louis XIV ...
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Clipperton Island
Clipperton Island ( or ; ) is an uninhabited, coral atoll in the eastern Pacific Ocean. It is from Paris, France, from Papeete, Tahiti, and from Mexico. It is an overseas state private property of France under direct authority of the Minister of the Overseas. In the past, Clipperton Island was the subject of a sovereignty dispute in particular between France and Mexico, which was finally settled through arbitration in 1931; the ''Clipperton Island Case'' remains widely studied in international law textbooks. Geography The atoll is south-west of Mexico, west of Nicaragua, west of Costa Rica and north-west of the Galápagos Islands, Ecuador, at . Clipperton is about south-east of Socorro Island in the Revillagigedo Archipelago, which is the nearest land, while the nearest French-owned island is Hiva Oa. Some consider it to be one of the eastern-most points of Oceania, rather than an outlying island of the Americas. It is low-lying and largely barren, with some sca ...
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Hanish Islands Conflict
The Hanish Islands conflict was a dispute between Yemen and Eritrea over the island of Greater Hanish in the Red Sea, one of the largest in the then disputed Zukur-Hanish archipelago. Fighting took place over three days from 15 December to 17 December 1995. In 1998 the Permanent Court of Arbitration determined that the territory belonged to Yemen. Background The archipelago is on the southern side of the Red Sea near Bab-el-Mandeb (Mouth of the Red Sea). The Red Sea is about 60 miles (100 km) wide at this point. Since the British occupation of Aden, the islands had generally been regarded as part of Yemen. After being granted independence and membership of the United Nations, the new Eritrean government started negotiations with Yemen over the status of the archipelago. Two rounds of talks had taken place before the invasion: Greater Hanish (or ''Hanish al-Kabir'') is one of three main islands in an archipelago, and until 1995, it was inhabited only by a handful of ...
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Constitution Of The United States
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ( Article I); the executive, consisting of the president and subordinate officers ( Article II); and the judicial, consisting of the Supreme Court and other federal courts ( Article III). Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. It is ...
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Nathan Clifford
Nathan Clifford (August 18, 1803 – July 25, 1881) was an American statesman, diplomat and jurist. Clifford is one of the few people who have served in all three branches of the U.S. federal government. He represented Maine in the U.S. House of Representatives from 1839 to 1843, then served in the administration of President James K. Polk as the U.S. Attorney General from 1846 to 1848 and as the U.S. Ambassador to Mexico from 1848 to 1849. In the latter office, he signed the Treaty of Guadeloupe Hidalgo. In 1858, President James Buchanan appointed Clifford to be an associate justice of the U.S. Supreme Court. Clifford served on the Supreme Court until his death in 1881. Early life and education Clifford was born on August 18, 1803 in Rumney, New Hampshire to Deacon Nathaniel Clifford and his wife Lydia (née Simpson). He was the eldest and only son of seven children. His family were of old Yankee stock. As a young girl in 1672, his great-great-grandmother Ann Smith ...
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United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ...
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Territorial Integrity
Territorial integrity is the principle under international law that gives the right to sovereign states to defend their borders and all territory in them of another state. It is enshrined in Article 2(4) of the UN Charter and has been recognized as customary international law. Conversely it states that imposition by force of a border change is an act of aggression. In recent years there has been tension between this principle and the concept of humanitarian intervention under Article 73.b of the United Nations Charter "to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement." History of territorial integrity As far back as the earliest written records known, there have been political units claiming a definite territory. Intrusion into these t ...
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United Nations Charter
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the Secretariat, the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the Trusteeship Council. The UN Charter mandates the UN and its member states to maintain international peace and security, uphold international law, achieve "higher standards of living" for their citizens, address "economic, social, health, and related problems", and promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion". As a charter and constituent treaty, its rules and obligations are binding on all members and supersede those of other treaties. During the Second World War, the Allies— formally know ...
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Military Occupation
Military occupation, also known as belligerent occupation or simply occupation, is the effective military control by a ruling power over a territory that is outside of that power's sovereign territory.Eyāl Benveniśtî. The international law of occupation. Princeton University Press, 2004. , , p. 43 The territory is then known as the ''occupied'' territory and the ruling power the ''occupant''. Occupation is distinguished from annexation and colonialism by its intended temporary duration. While an occupant may set up a formal military government in the occupied territory to facilitate its administration, it is not a necessary precondition for occupation. The rules of occupation are delineated in various international agreements, primarily the Hague Convention of 1907, the Geneva Conventions of 1949, as well as established state practice. The relevant international conventions, the International Committee of the Red Cross (ICRC) Commentaries, and other treaties by military ...
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