§ 212. The modes of acquiring territory are correctly divided according as the title they give is derived from the title of a prior owner State, or not. Cession is therefore a derivative mode of acquisition, whereas occupation, accretion, subjugation, and prescription are original modes.[404]
[404] Lawrence (§ 74) enumerates conquest (subjugation) and prescription besides cession as derivative modes. This is, however, merely the consequence of a peculiar conception of what is called a derivative mode of acquisition.
XII CESSION
Hall, § 35—Lawrence, § 76—Phillimore, I. §§ 252-273—Twiss, I. § 138—Walker, § 10—Halleck, I. pp. 154-157—Taylor, § 227—Moore, I. §§ 83-86—Bluntschli, §§ 285-287—Hartmann, § 61—Heffter, §§ 69 and 182—Holtzendorff in Holtzendorff, II. pp. 269-274—Gareis, § 70—Liszt, § 10—Ullmann, §§ 97-98—Bonfils, Nos. 364-371—Mérignhac, II. pp. 487-497—Despagnet, Nos. 381-391—Pradier-Fodéré, II. Nos. 817-819—Rivier, I. pp. 197-217—Nys, II. pp. 8-31—Calvo, I. § 266—Fiore, II. §§ 860-861, and Code, No. 1053—Martens, I. § 91—Heimburger, "Der Erwerb der Gebietshoheit" (1888), pp. 110-120.
Conception of cession of State Territory.
§ 213. Cession of State territory is the transfer of sovereignty over State territory by the owner State to another State. There is no doubt whatever that such cession is possible according to the Law of Nations, and history presents innumerable examples of such transfer of sovereignty. The Constitutional Law of the different States may or may not lay down special rules[405] for the transfer or acquisition of territory. Such rules can have no direct influence upon the rules of the Law of Nations concerning cession, since Municipal Law can neither abolish existing nor create new rules of International Law.[406] But if such municipal rules contain constitutional restrictions on the Government with regard to cession of territory, these restrictions are so far important that such treaties of cession concluded by heads of States or Governments as violate these restrictions are not binding.[407]
Subjects of cession.