- Title (n)
Title: the infinite possession and lasts forever, legally language (title is a technically legal term that refers to a legal, legitimate right. It is a legally recognized ownership, by which one can exercise possession or property rights)
Adverse Possession: illegal = chiếm hữu trái phép
PrescriptionPossession: chiếm hữu đương nhiên sau khi hết 1 thời gian nhất định mà ko ai nhận) (recognize meaning the fact as an act ripe into a title over that)
- Possession (n)
Ordinary physical control over the property
- Inchoate title
Incomplete/ imperfect title -> simply its discovery; after definite title period since a point having changes of law.
- Intertemporal Law
The law which can be applicable at the time of its existence/incidents: Luật không hồi tố
- Territorial occupations (requirements)
- Animus occupandi (intention to exercise sovereignty)
2. Corpus occupandi (actual taking)
- Contiguity
(Proximity) The theory of land title for the closet countries -> but it is not a good theory -> easily get dispute
- Hinterland doctrine
(Behind the land): Title of the land behind the coast line belongs to the country have title of the coast line
- Westphalian legal
- Providing security to pp egainst external attacks
2. Excluding harmful effects
- New changes - Self determination
UN: “friendly relations among nations based on respect for the principle of equal rights and self-determination of pp”
- Jus cogens
A norm is accpepted and recognized by international community as a whole
- Status quo
Thuật ngữ La tinh có nghĩa là giữ nguyên hiện trạng
- Traditional modalities of AoTS (types)
- Discovery
- Symbolic Acivities
- Contiguity
- Occupation
- Precription
- Uni Possidetis Juris
- Equity
- Cession
- Accretion
- Conquest
- Modalities of acquisition
- Discovery,
- Symbolic acts,
- Occupation
- Contiguity
- Modalities of transfer
- Prescription,
- Cession,
- Conquest,
- Self-determination
