Kedaulatan - Kedaulatan di Darat dan Cara-Cara Perolehan Wilayah

Summary

The video provides an insightful overview of territorial sovereignty in international law, emphasizing its definition, forms, and key principles. It explores how a state's territory is vital for its sovereignty, supported by examples like the principles of effectivity and uti possidetis. Various methods of acquiring territory, such as occupation, annexation, and cession, are discussed. Judicial cases, including the disputes between Norway and Denmark and Indonesia and Malaysia, illustrate these principles in action. Overall, the content highlights the complexities and significance of territorial sovereignty in maintaining statehood.

Takeaways

• 😀 Territorial sovereignty is a fundamental principle in international law, closely tied to a state's existence and independence.
• 🌍 A territory is essential for a state; without it, sovereignty cannot be exercised.
• 📜 Different forms of territorial regimes include sovereign territory, mandate territories, res nullius, and res communis.
• ⚖️ The principle of effectivity emphasizes the continuous exercise of state functions over a territory for sovereignty to be recognized.
• 📏 The principle of uti possidetis asserts that newly independent states retain the borders established during colonial rule.
• 🏴‍☠️ Territories can be acquired through various methods, including occupation, annexation, prescription, cession, accretion, and referendum.
• 🔍 The case of Greenland illustrates the principle of effectivity, where Denmark was recognized for its sovereign activities over the territory.
• ⚔️ The Ligitan and Sipadan case between Indonesia and Malaysia showcased the application of both effectivity and uti possidetis principles in determining sovereignty.
• 📈 States must demonstrate continuous and effective control over a territory to claim sovereignty, as shown in various international cases.
• 🤝 International law aims to promote stability and order by adhering to principles that govern territorial boundaries and sovereignty.

Q & A

What is the primary topic discussed in the video?

The video focuses on the concept of territorial sovereignty in international law.

How is territorial sovereignty defined in the context of international law?

Territorial sovereignty refers to the authority of a state over a defined geographical area, which is essential for the state's independence and exercise of power.

What are the forms of territorial sovereignty mentioned in the video?

The forms include territorial sovereignty, mandated territories, res nullius, and res communis.

What is the significance of territory in relation to state sovereignty?

Territory is crucial for a state's sovereignty as it embodies the area where the state can exercise its authority and maintain independence.

What two main principles govern the acquisition of territory according to international law?

The two main principles are the principle of effectiveness and the principle of uti possidetis.

Can you explain the principle of effectiveness?

The principle of effectiveness emphasizes that a state must demonstrate ongoing activities reflecting its authority over a territory to establish sovereignty.

What is the principle of uti possidetis?

Uti possidetis is a principle that asserts that newly independent states should retain the territorial boundaries established during colonization, unless changed by mutual agreement.

What are some methods of acquiring territory as per international law?

Methods include occupation, annexation, prescription, cession, and accretion.

How did the case of Ligitan and Sipadan Islands illustrate the principle of effectiveness?

In the case, Malaysia was determined to have sovereignty over the islands based on its demonstrated state functions and activities in the area, compared to Indonesia's historical claims.

What role did the International Court of Justice play in territorial disputes?

The International Court of Justice resolves territorial disputes by applying international law principles, as seen in the Ligitan and Sipadan case between Malaysia and Indonesia.