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Now or Never: Your Own Nation in 30 Days

  • Writer: Mike Miller
    Mike Miller
  • 5 days ago
  • 17 min read

Updated: 2 days ago

A radical step-by-step guide for visionaries, renegades, and freedom seekers

📘 Foreword

Why Found Your Own State at All?


🧠 Introduction:


The Big Question

Why would anyone go to the trouble of founding their own state? Is it megalomania? Escapism? An art project? A political utopia? Or just a brilliant way to finally issue your own postage stamp?


The Answer:

It can be all of that—and more. The idea of founding one's own state is as old as the concept of sovereignty itself. And it is more relevant today than ever: in a world full of bureaucracy, geopolitical tensions, and digital parallel worlds, people are looking for new forms of self-determination.


🏛️ What is a State – Officially?

According to the Montevideo Convention of 1933, a state needs four things:

Criterion

Meaning

State Territory

"A clearly defined territory – doesn't have to be large, but tangible"

State Population

A permanent population – even if it's just the family

Government

"An effective organization that enacts and enforces rules"

Capacity for Foreign Relations

The state must be able to communicate with other states

🧾 Mnemonic: "A state is what behaves like a state – and is treated as such by others."


🎭 Types of Motivations for State Founders

Type

Description

The Utopian

Wants to create a better world – with a vegan constitution and direct democracy

The Satirist

Uses the founding of a state as social criticism – à la Sealand or Bananistan

The Self-Administrator

Wants to distance themselves from local authorities – often on their own property

The Jurist

Wants to put international law to the test – with clean argumentation

The Artist

"Sees the state as a performance – with a flag, anthem, and exhibition catalog"

🧪 Reality vs. Fiction

Element

Fictionally Possible

Legally Viable

Politically Realistic

Own Flag

Own Currency

⚠️ (only symbolic)

⚠️ (only local)

UN Membership

✅ (but extremely difficult)

Diplomatic Relations

⚠️ (only informal)

Sovereign Rights on an Oil Platform

✅ (Story)


📜 Historical Inspirations

The Republic of Minerva (1972): An attempt to found a libertarian nation on a reef in the Pacific – failed. Sealand (1967): A micronation on a former British sea fort – still active today. Liberland (2015): Claiming a disputed strip of land between Croatia and Serbia – no recognition, but a lot of PR.


🧰 What you need to get started:

  • An idea: What should your state be?

  • A place: Where should it be created?

  • A concept: How will it be governed, who belongs to it, what are the goals?

  • A plan: How will you proceed – symbolically, legally, diplomatically?

⚖️ Note: Founding a state is not a lawless space. You can claim many things – but you cannot enforce everything.


✅ Conclusion

Founding your own state is a game with reality, law, and imagination. It can be a serious project – or an artistic commentary on the world order. What's important is: you know what you're doing, and you clearly distinguish between what is symbolic and what is meant legally.

Ready for Chapter 2? Then let's move on to: 📍 "Finding Territory – From Farm to Offshore Platform" Or would you prefer a checklist or a starter pack right away? Just let me know.

📚 Overall Overview:

State Founding for Dummies – How to Start Your Own Country


A Guide to Micronations, State Succession & Global Exterritoriality – Between Satire and Reality


🔹 Introduction

🏰 The Dream of Your Own State

The idea of founding one's own country is as old as the idea of sovereignty itself. For some, it is a utopian desire for freedom; for others, an artistic experiment, a legal thought model, or simply an expression of frustration with existing systems. Whether as a micronation on one's own farm, as a diplomatic simulation, or as a serious international law initiative – the founding of a state is fascinating.

But between the idea and reality lies an ocean of legal norms, political interests, and practical hurdles. A state is not just a place with a flag and an anthem – but a complex entity that must be anchored in international law to be recognized as such.


This guide is for everyone who not only wants to dream the dream of their own state but also wants to understand it – and perhaps even dare to try.


⚖️ International Law Foundations of Statehood

At the heart of state founding is international law – the set of rules that determines what a state is, how it comes into being, how it is recognized, and how it interacts with other states.


The Montevideo Convention of 1933 names four criteria that an entity must meet to be considered a state:

  • A defined state territory

  • A permanent population

  • An effective government

  • The capacity to enter into international relations

These criteria are necessary – but not always sufficient. Because even if an entity fulfills all four, without recognition by other states, it often remains a legal phantom. The international community has a say – and it does not always decide based on purely legal standards, but also on political, strategic, and ethical considerations.


🧠 Anyone who wants to found a state must not only know the rules – but also know how they are applied, circumvented, or interpreted.


📘 Goal and Structure of the Guide

This eBook is a complete, modular guide to state founding – from theory to practice, from micronation to a republic recognized under international law. It combines:

  • Legal precision

  • Didactic clarity

  • Satirical lightness

  • Strategic depth


You will learn:

  • How to find or claim a state territory

  • How to define and integrate a population

  • How to establish a government and write a constitution

  • How to gain international recognition

  • How to design treaties on state succession

  • How to use micronations, special zones, and exterritoriality

  • How to prepare for the collapse of existing states

  • How to understand and use diplomatic and military special rights


📦 At the end, you will receive a "starter pack" with checklists, templates, sample contracts, and case studies – ready for your own state project.


📘 Chapter 1:

The Building Blocks of a State – Criteria according to the Montevideo Convention


🧱 What Makes a State a State?

The Montevideo Convention on the Rights and Duties of States of 1933 is the legal foundation for the definition of statehood in modern international law. It names four central criteria that an entity must meet to be considered a state:

  • A defined state territory

  • A permanent population

  • An effective government

  • The capacity to enter into international relations

These four building blocks are like the supporting pillars of a house. If one is missing, the whole building wobbles. If all are present, the house stands – but whether it is recognized as a "state" also depends on whether the neighbors accept it as such.


🗺️ 1. State Territory – Land, Air, and Underground

A state needs a piece of earth it can call its own. The following applies:

  • Size doesn't matter: Monaco has 2 km², Russia over 17 million.

  • Shape doesn't matter: Island, landlocked state, exclave – all possible.

  • Location doesn't matter: The main thing is that you have effective control.


🔍 What counts as state territory?

Area

Description

Land Area

"The physical territory over which sovereignty is exercised"

Airspace

The space above the ground – up to the edge of outer space

Underground

Everything beneath the surface – including resources

Territorial Sea

Up to 12 nautical miles – with full sovereignty

EEZ (Economic Zone)

Up to 200 nautical miles – with special economic rights

🧠 Mnemonic: "A state doesn't need much land – but a lot of control."


🧭 Special Cases

  • Enclaves: e.g., San Marino (surrounded by Italy)

  • Exclaves: e.g., Büsingen am Hochrhein (German exclave in Switzerland)

  • No Man's Land: rare, but possible – e.g., Bir Tawil between Egypt and Sudan


👥 2. The State Population – Who Belongs?

A state needs people – not just as inhabitants, but as a legally defined community.

🧬 Nationality: ius soli vs. ius sanguinis

Principle

Meaning

Example States

ius soli

Nationality by birth in the country

"USA, Canada"

ius sanguinis

Nationality by descent

"Germany, Italy"

Mixed System

Combination of both principles

"France, Brazil"

🚫 Statelessness A "stateless person" is someone who is not recognized as a national by any state. This leads to:

  • No right to vote

  • No travel documents

  • No diplomatic protection


⚠️ For new states, it is essential to create clear and inclusive rules on nationality – otherwise, a legal gray area arises.


🏛️ 3. State Power – Government and Control

A state needs an organization that enacts laws, enforces them, and maintains public order.

🔧 Effective Government

  • Must exercise control over territory and population

  • Must be capable of acting – not just symbolically

  • Form of government doesn't matter: democracy, monarchy, technocracy – all are allowed


🧱 Internal vs. External Sovereignty

Type of Sovereignty

Meaning

Internal

Control over one's own state territory

External

Independence from other states

🧠 A government without control is like a king without a crown – decorative, but powerless.


🌐 4. Capacity for International Relations

A state must be able to communicate with other states – diplomatically, contractually, organizationally.


📜 What does this mean in practice?

  • Opening embassies

  • Concluding treaties

  • Becoming a member of international organizations (e.g., UN, WTO, ITU)


🧩 Recognition: Declaratory vs. Constitutive

Theory

Meaning

Example

Declaratory

"A state exists when it meets the criteria – recognition only confirms this"

"Somaliland (not recognized, but de facto controlling)"

Constitutive

A state only exists through recognition

"Kosovo (disputed, but recognized by many)"

⚖️ Without recognition, a state often remains a legal phantom – visible, but ineffective.


✅ Conclusion: The Four Pillars of Statehood

Criterion

Brief Definition

State Territory

A defined territory with effective control

State Population

A permanent population with a legal bond

State Power

A capable government with sovereignty

International Relations

Capacity for diplomatic and contractual interaction

These four criteria are the ticket to the world of states. But they are only the beginning. The path to recognition, to membership in international organizations, and to actual effectiveness is long – and often political.


📊 Table 1: Criteria of Statehood (Montevideo Convention)

Criterion

Definition

Key Features / Implications

State Territory

"A defined territory over which the state exercises effective control"

"Size and border demarcation are irrelevant; includes land, airspace, and underground; control is decisive"

State Population

"A permanent population residing in the state territory"

"Nationality as a legal bond; stateless persons are not part of the state population in the narrower sense"

State Power

"An effective government that exercises control over territory and people"

"Form of government is irrelevant; what is decisive is the ability to legislate and enforce"

Capacity for International Relations

"The ability to interact with other states and conclude treaties"

"Prerequisite for diplomatic recognition, memberships, and legal capacity under international law"

📊 Table 2: Comparison of Recognition Theories

Theory

Core Principle

Practical Implications

Examples

Declaratory

"A state exists as soon as it fulfills the Montevideo criteria; recognition only confirms"

"Legal existence independent of recognition; recognition is declaratory"

"Somaliland (de facto controlling, but hardly recognized)"

Constitutive

A state only exists through recognition by other states

"Without recognition, no international legal personality; recognition is status-creating"

"Kosovo (recognized by many, but not by all UN members)"

Mixed Form

"Recognition is de facto declaratory, but politically constitutive"

"States decide based on political discretion; recognition influences the capacity to act"

"Bosnia-Herzegovina (1992, recognized despite initially weak government)"

⚖️ Part II:

Paths and Hurdles of State Founding


📘 Chapter 2:

Sources and Principles of International Law

Anyone who wants to found a state must know the rules of the game – and these rules are called international law. But where do these rules come from? Who wrote them? And how binding are they really?

International law is not a law book with a cover and a table of contents. It is a dynamic system of treaties, customs, principles, and interpretations. The most important source for this structure is Article 38(1) of the Statute of the International Court of Justice (ICJ). It states what counts as a "source of law" – and what does not.


📜 2.1 International Treaties – The Written Rules of the Game

Treaties are the "hard law" component of international law. They are written, clearly formulated, and agreed upon between states. Whoever signs is bound – pacta sunt servanda.


🧾 Examples of Important Treaties

Treaty

Content / Significance

UN Charter

"Constitution of the international order (prohibition of force, self-determination)"

Vienna Convention on the Law of Treaties (VCLT, 1969)

"Regulates the conclusion, interpretation, and termination of treaties"

UN Convention on the Law of the Sea (UNCLOS)

"Regulates maritime zones, the high seas, resources"

Outer Space Treaty (1967)

Basic rules for the use of outer space

📌 A treaty is only binding on the contracting parties – but major treaties often shape the entire system.


🔍 Treaty Mechanisms (according to VCLT)

  • Signature

  • Ratification

  • Reservations

  • Entry into force

  • Termination

  • Nullity for violation of ius cogens (e.g., prohibition of torture)


⚠️ Article 53 VCLT: Treaties that violate peremptory norms of general international law are void.


🌍 2.2 Customary International Law – The Unwritten Rules

Not everything is in black and white. Some rules arise from practice – and from the conviction that this practice is legally binding. This is called customary international law.

🧠 Two Elements

Element

Meaning

State Practice

Consistent behavior of many states over time

Opinio Juris

"Conviction that this behavior is legally required"

🧩 Example: The prohibition of aggressive war was long-standing customary law – before it was codified in the UN Charter.

🧭 Special Case: Silence as Consent? In certain cases, a state's silence can be interpreted as consent – for example, regarding territorial claims or treaty consequences. But beware: silence is not always golden, but often legally controversial.


⚖️ 2.3 General Principles of Law – The Universal Ideas

These principles originate from national legal systems and also apply internationally – as gap-fillers and a moral compass.

🔑 Examples

Principle

Meaning

pacta sunt servanda

Treaties must be observed

Good Faith

The exercise of rights must be fair and honest

estoppel

Contradictory behavior is not permissible

lex specialis

A special rule overrides a general rule

nulla poena sine lege

No punishment without law

🧠 These principles help when no treaty exists and no custom applies – they are the foundation of legal thinking.


📚 2.4 Subsidiary Means for the Determination of Rules of Law – Orientation in the Fog

When the legal situation is unclear, two things help:

  • Judicial decisions (jurisprudence)

  • Teachings of publicists (doctrine)


🧾 Judicial Decisions The International Court of Justice (ICJ) only decides for the parties to a case – but its judgments often have a signaling effect. National courts can also deliver judgments relevant to international law.


📖 Teachings of Publicists The writings of the "most highly qualified publicists" are considered an aid to interpretation. They are not binding – but they influence practice and legal development.

📌 Example: The commentary on the VCLT in legal literature is often more decisive than the treaty text itself.


✅ Conclusion: The Four Pillars of International Law

Source

Binding Force

Example

Treaties

High

"UN Charter, VCLT, UNCLOS"

Customary Law

Medium to High

"Prohibition of aggressive war, immunity"

General Principles of Law

Medium

"pacta sunt servanda, estoppel"

Subsidiary Means

Low

"ICJ judgments, textbooks"

Anyone who wants to found a state must know where the rules come from – and how they work. Because without this knowledge, any state founding remains a game without a game plan.


📘 Chapter 3:

Secession – The Breakaway:

A Controversial Right

🚩 What is Secession? Secession refers to the unilateral separation of a part of a territory from an existing state with the aim of founding a new, independent state. It sounds like a revolution – but it is highly complex in international law and politically explosive.

Secession touches upon two central principles of international law:

  • The right of self-determination of peoples

  • The territorial integrity of existing states

A permanent tension exists between these two principles – and international law carefully balances between them.


🧬 3.1 The Right of Self-Determination of Peoples

The right of self-determination is a recognized principle of international law. It states: "Peoples" have the right to freely determine their political status and pursue their economic, social, and cultural development.


🔍 Internal vs. External Self-Determination

Type

Meaning

Example

Internal Self-Determination

"Autonomy, self-government, cultural rights within a state"

"South Tyrol, Québec"

External Self-Determination

Secession and founding of one's own state

"South Sudan, Bangladesh"

⚠️ External self-determination is only permissible under very narrow conditions – usually in the context of colonialism or the most severe human rights violations.


❌ 3.2 No General Right of Secession

International law does not recognize a general right to secession. The territorial integrity of states is a protected good – and unilateral secessions are generally not allowed.


🧠 Why not?

  • Secession destabilizes states

  • It can lead to domino effects

  • It contradicts the prohibition of force in the UN Charter


📌 Exception: Decolonization – here, external self-determination was recognized as a legitimate path to independence.


🆘 3.3 Remedial Secession – The Right as a Last Resort

Some international law scholars argue that secession can be permitted if a "people" is massively oppressed and has no other option for self-determination.

🧾 Prerequisites

  • Systematic, gross, and massive human rights violations

  • Denial of internal self-determination

  • Exclusion from the political process

  • No prospect of protection or reform


📚 Case Studies

Case

Assessment

Kosovo (2008)

"Disputed, but recognized by many states – ICJ confirmed no illegality"

Bangladesh (1971)

"Model case: massive violence, refugee flows, international support"

Catalonia (2017)

No right to secession – no severe human rights violations

⚠️ Remedial secession is not a license to secede – but a legal emergency exit in extreme circumstances.


🔄 3.4 State Succession in Case of Secession

When a new state is formed, the question arises: What happens to the treaties, assets, and debts of the old state?

📜 Treaties

Treaty Type

Transfer in case of secession?

Territorial Treaties (e.g., border treaties)

Yes – automatically (radicated)

Personal Treaties (e.g., alliances)

No – must be renegotiated

Multilateral Treaties (e.g., UN conventions)

Disputed – often "Clean Slate" principle

💰 Assets and Debts

  • Assets: Proportional division or negotiation

  • Archives: Handover of relevant documents

  • Debts: Principle of "dettes odieuses" – no assumption of debts used for oppression


📘 Vienna Conventions on Succession of States

Convention

Content

Status

VC on Treaties (1978)

Rules on treaty succession

Low ratification (23 states)

VC on Assets, Archives, Debts (1983)

Rules on the division of state resources

Not in force

📌 In practice, succession issues are often regulated by bilateral treaties – international law only provides a framework.


✅ Conclusion: Secession is Possible – but Rarely Legitimate

Path to Secession

International Law Status

Decolonization

Recognized

Consensual Secession

Possible – e.g., South Sudan

Remedial Secession

Disputed – only in extreme circumstances

Unilateral Secession

Generally not allowed

Anyone who wants to found a state should not rely on secession – but on creative, legally sound methods like treaty succession, symbolic micronations, or diplomatic special zones.

📊 Table: International Law Aspects of Secession

Aspect

Description

International Law Status / Assessment

Examples

Right of Self-Determination of Peoples

"Right of a people to decide on its political status and development"

"Customary international law; enshrined in UN Charter and human rights covenants"

"Decolonization, South Tyrol, Québec"

Right of Secession

Unilateral separation of a part of a territory to found a state

"No general right; restrictive stance of the international community"

"Catalonia (no right), Bavaria (not provided for in DE)"

Remedial Secession

Secession as a last resort in cases of massive human rights violations

"Controversial exception; only permissible in extreme circumstances"

"Kosovo (disputed), Bangladesh (model case)"

Territorial Integrity

Protection of existing borders and state territory

"Fundamental principle of international law; in tension with secession"

"Annexation of Crimea by Russia (illegal under international law)"

State Succession

Transfer of rights and obligations from the predecessor state to the successor state

"Complex legal area; often regulated by bilateral agreements"

"Soviet Union → Russian Federation, Czechoslovakia"

📊 Table: Sources of International Law (according to Art. 38 ICJ Statute)

Source Type

Definition

Key Features / Binding Force

Examples / Significance

International Treaties

Written agreements between subjects of international law

"Hard Law"; binding on contracting parties

"UN Charter, VCLT, UNCLOS"

Customary International Law

Consistent state practice + opinio juris

"Unwritten; binding on all states (except 'persistent objectors')"

"Prohibition of aggressive war, immunity of heads of state"

General Principles of Law

"Principles from national legal systems, transferable to international law"

"Gap-filler; expression of universal legal concepts"

"pacta sunt servanda, Good Faith, estoppel"

Judicial Decisions

Judgments of international and national courts

"Subsidiary means for determining law; not directly law-creating"

"ICJ judgments, national decisions on international law"

Teachings of Publicists (Doctrine)

Views of qualified publicists

"Aid to interpretation; influence legal development"

"Commentaries on the VCLT, academic literature, expert opinions"

📊 Table: Forms of Territorial Acquisition in International Law

Form of Acquisition

Description

International Law Status / Assessment

Examples / Peculiarities

Occupation

Taking possession of ownerless territory (terra nullius)

"Hardly relevant today; only for truly unclaimed territory"

"Historically: colonialism; today: Bir Tawil (Africa)"

Annexation

"Unilateral, forcible incorporation of foreign territory"

"Illegal under international law; violation of UN prohibition of force"

"Crimea (2014), Donetsk/Luhansk (2022)"

Prescription

"Long-term, peaceful, and undisturbed exercise of sovereignty"

"Disputed; based on acquiescence and estoppel"

"Island of Palmas Case (1928), Temple of Preah Vihear (1962)"

Cession

Contractual transfer of territory between states

"Permissible under international law; often regulated bilaterally"

"Alaska Purchase (1867), Hong Kong handover (1997)"

Adjudication

Judicial or arbitral decision on territory

"Binding if parties consent"

"ICJ cases: Burkina Faso/Mali, Cameroon/Nigeria"

Accretion

Natural formation of land through sediment deposition

"Recognized if permanent and stable"

"River delta extensions, new islands from volcanism"

📊 Table: Aspects of State Succession

Area

Description

International Law Regulation / Practice

Examples / Peculiarities

Treaties

Transfer of international legal obligations

"'Clean Slate' principle in decolonization; otherwise selective"

"Kosovo: selective adoption; Russia: UN seat of the USSR"

State Assets

"Division of property, resources, infrastructure"

"Proportional or by bilateral agreement"

"Czechoslovakia: regulated division"

State Archives

Handover of relevant documents and administrative records

"Partially regulated in Vienna Convention (1983)"

"GDR → FRG: archive takeover during reunification"

State Debts

Assumption or rejection of liabilities

"Principle of 'dettes odieuses' for oppressive regimes"

"Iraq: debts from Saddam era partially not assumed"

Vienna Conventions

"Codification of succession rules (1978, 1983)"

"Low ratification; often not binding"

"1978: only 23 states ratified; 1983: not in force"

📊 Table: Diplomatic Exterritoriality and Special Status

Area / Institution

Description

International Law Status / Regulation

Peculiarities / Examples

Embassies & Consulates

Premises of diplomatic missions

"Vienna Convention on Diplomatic Relations (1961)"

"Inviolability, but not true exterritoriality"

Military Bases

Foreign troops on host state territory

"NATO Status of Forces Agreement, bilateral stationing agreements"

"Ramstein Air Base (DE), Okinawa (JP)"

Host Nation Support (HNS)

Support by the host state for stationed armed forces

"Regulated by treaty; includes logistics, infrastructure"

"Bundeswehr: central role in NATO HNS"

Oil Platforms & Pipelines

Infrastructure outside national sovereignty

"UNCLOS; no sovereign rights through use"

"Nord Stream, Deepwater Horizon"

Aircraft & Ships

Mobile units under flag state sovereignty

"Flag state principle; national jurisdiction"

"Airplane toilets, crimes on ships"

Micronations

Symbolic or private state projects

"No recognition under international law"

"Sealand, Liberland, Molossia"

Very well – here is Chapter 4 of your eBook, clearly structured, legally sound, and provided with practical examples:


🌍 Part III:

Territorial Changes and their Legal Classification


📘 Chapter 4:

Territorial Acquisition – Historical and Modern Perspectives

Territory is the heart of a state. But how does one legally acquire a state territory? Historically, there were many ways – some now forbidden, others still permitted. This chapter illuminates the most important forms of territorial acquisition in international law.


🏝️ 4.1 Occupation – The Taking of Ownerless Territory (terra nullius)

Peaceful occupation refers to the taking of possession of a territory that is considered "ownerless" – meaning it is not under the sovereignty of any state and is not claimed.

📜 Historical Significance

  • In the age of colonialism, terra nullius was a popular argument for land seizure

  • The Congo Act of 1884 legitimized the occupation of large parts of Africa

  • Indigenous populations were often ignored or dehumanized

⚖️ Modern Relevance

  • Today, terra nullius only applies to truly uninhabited and unclaimed territory

  • Examples: Bir Tawil (between Egypt and Sudan), certain Antarctic zones

  • ⚠️ Occupation is not a free pass – it must be peaceful, permanent, and effective.


🚫 4.2 Annexation – The Forcible Acquisition of Territory

Annexation is the unilateral, forcible incorporation of foreign territory into one's own state territory – and is clearly illegal under international law today.

📜 Prohibition in International Law

  • UN Charter, Art. 2(4): Prohibition of the use of force against territorial integrity

  • Briand-Kellogg Pact (1928): Outlawing of aggressive war

  • Customary Law: Annexation is not internationally recognizable

📚 Examples

Case

Assessment

Crimea (2014)

Illegal annexation by Russia under international law

Donetsk/Luhansk (2022)

Further annexation attempts – not internationally recognized

Kuwait (1990)

Iraqi annexation – led to military intervention

🧠 Annexation is the direct path to diplomatic isolation – and often to conflict.


⏳ 4.3 Prescription – Territorial Acquisition Through Lapse of Time

Prescription means that a state acquires sovereignty over a territory through the long-term, peaceful, and undisturbed exercise of sovereign authority – if the original claimant does not protest.

🧠 Legal Basis

  • Not an independent title of acquisition, but a consolidation of a factual situation

  • Based on:

  • Acquiescence (tacit tolerance)

  • Estoppel (prohibition of contradictory behavior)

📚 Case Studies

Case

Significance

Island of Palmas Case (1928)

Netherlands vs. USA – effective control is decisive

Temple of Preah Vihear (1962)

Cambodia vs. Thailand – lack of protest led to recognition

📌 Prescription is a silent victory – but only if no one objects.


🔄 4.4 Other Forms of Territorial Acquisition

Not all territorial acquisitions are controversial – some are recognized under international law and often regulated by treaty.


📜 Cession – Contractual Transfer of Territory

  • A state voluntarily cedes territory to another state

  • Usually done through a bilateral treaty

  • Examples:

  • Alaska Purchase (USA from Russia, 1867)

  • Handover of Hong Kong (UK to China, 1997)

⚖️ Adjudication – Judicial Award

  • International courts or arbitral tribunals decide on territorial claims

  • Prerequisite: Consent of both parties

  • Examples:

  • Burkina Faso vs. Mali (ICJ)

  • Cameroon vs. Nigeria (Bakassi Peninsula)


🌊 Accretion – Natural Land Formation

  • New land areas are created by sediment deposition or volcanic activity

  • Recognized under international law if permanent and stable

  • Example:

  • New islands in the Pacific from volcanic eruptions

🧠 Not every sand pile is a state – but some slowly grow into one.


✅ Conclusion: Territorial Acquisition is a Legal Minefield Today

Form of Acquisition

Permissibility in International Law

Remark

Occupation

Limitedly possible

Only for truly ownerless territory

Annexation

Forbidden

Violation of the prohibition of force

Prescription

"Disputed, but recognized"

Effectiveness + lack of protest are decisive

Cession

Permissible

Regulated by treaty

Adjudication

Permissible

Judicial decision

Accretion

Permissible

"Natural process, if permanent"

Anyone who wants to claim a state territory should rely on peaceful, legally sound methods – and say goodbye to colonial fantasies.


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Micronation
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Parallel Lines

Legal explanations on the state succession deed 1400/98
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