Abstract
Abstract In the past one hundred years, a series of international cases have addressed the group or unity principle in the context of territorial allocation. This article provides an analysis of such jurisprudence, and concludes that this principle can act as a mediating principle to inform the interpretation and application of the primary rules relating to territorial acquisition, thus raising a presumption about the extent and scope of an established territorial title. By showing respect for the natural link between land territories that form an integral group or unity, this principle might provide an efficient and pragmatic approach to settling territorial disputes.
Highlights
The group or unity principle, which is endorsed by various international jurisprudence, can act as a mediating principle to inform the interpretation and application of the primary rules relating to territorial acquisition, raising a presumption about the extent and scope of an established territorial title
The above analysis of relevant international jurisprudence leads to the conclusion that the group or unity principle can act as a mediating principle to inform the interpretation and application of the primary rules relating to territorial acquisition, raising a presumption about the extent and scope of an established territorial title
By showing respect for the natural link between land territories that form an integral group or unity, this principle avoids volumes of work including identifying the legal status of each land territory individually and prevents further conflicts arising from the potential co-existence of several sovereign powers within a relatively narrow and adjoining area
Summary
Discussions on the relationship between geographical proximity and territorial sovereignty date back to 1884 when Jan Ferguson observed: “The occupation of any terra firma is taken to include the presumption of possession of its adjacent unoccupied islands.”[2] In other words, when a State occupies a land adjacent to another unoccupied land, the adjacency can lead to a presumption that these land areas form a single group or physical unit that share the same legal destiny and are subject to the same sovereignty. Part II maps all relevant international jurisprudence in chronological order. On this basis, Part III further analyzes the salient features of this principle. The group or unity principle discussed in this article, which pertains to the acquisition of sovereignty over land territories, should be distinguished from the matter of enclosing a group of islands with a system of archipelagic or straight baselines for the assertion of maritime entitlements.[4]
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