Examine the principles of acquisition of territorial sovereignty by newly emerged states.
Newly emerged states acquire territorial sovereignty through recognized principles of international law, with the mode depending on the context of emergence.
Self-Determination and Decolonization is the most significant pathway, especially for states formed after the dissolution of colonial empires. The right to self-determination, guaranteed by the UN Charter and other international instruments, allows peoples to freely determine their political status and pursue economic, social, and cultural development. The United Nations has frequently supervised this process, enabling newly independent states to acquire sovereignty over former colonial territories. This often follows the principle of uti possidetis juris, meaning newly formed states retain the administrative boundaries of their colonial predecessors to prevent disputes.
Cession occurs when an existing state transfers territory to a new state through a treaty or agreement. While this method is more common for boundary adjustments than for initial sovereignty, it remains a recognized peaceful mechanism.
Accretion and Avulsion describe natural territorial changes: accretion is gradual, and avulsion is sudden, both caused by water bodies altering landmasses. While these can modify a state’s existing territory, they rarely constitute the primary mode of initial sovereignty. Prescription, based on long and uncontested exercise of authority over territory, is historically significant but less relevant for brand-new states. Adjudication or Arbitration by international courts can settle disputes and formally recognize a new state’s sovereignty.
Importantly, conquest or annexation is no longer accepted under modern law due to the prohibition on the use of force. Principles like ex injuria jus non oritur emphasize that rights cannot arise from illegal acts.
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