2.3 Critical date : The date on which a dispute over territory ‘crystallises’ is known as the ‘critical date’. In many disputes a certain date will assume particular significance in deciding between rival claims. The choice of the critical date or dates will lie with the tribunal deciding the dispute and will usually depend on the particular facts. Once a date is chosen subsequent events relating to territorial claims will Traditionally, writers have referred to five means by which territory and title to territory may be acquired:

doi:10.4324/9781843143802-54

Chapter

Chapter

The date on which a dispute over territory ‘crystallises’ is known as the ‘critical date’. In many disputes a certain date will assume particular significance in deciding between rival claims. The choice of the critical date or dates will lie with the tribunal deciding the dispute and will usually depend on the particular facts. Once a date is chosen subsequent events relating to territorial claims will Traditionally, writers have referred to five means by which territory and title to territory may be acquired:

ABSTRACT

A tribunal will concern itself with proof of the exercise of sovereignty at the critical date or dates, and in doing so will not apply the orthodox analysis to describe its process of decision. The issue of territorial sovereignty, or title, is often complex, and involves the application of various principles of the law to the material facts. The result of this process cannot always be ascribed to any single dominant rule of ‘mode of acquisition’. The orthodox analysis does not prepare the student for the interaction of principles of acquiescence and recognition with the other rules.10