RE: Palestinian Talks, lectures, & interviews.
SUBTOPIC: Terminology: Military Control 'vs' Sovereignty ...
⁜→ P F Tinmore, et al,
PREFACE: When I use the terms, I use them very specifically. And I have said, Military Control ≠ Sovereignty (They are NOT interchangeable Terms.)
BLUF: Military Control has an impact on Sovereignty:
◈. You can have Military Control and no Sovereignty
◈. You can have Military Control with Sovereignty
Rocco confuses military control with sovereignty.
(REFERENCE)
territorial sovereignty • This is an aspect of sovereignty , connoting the internal, rather than the external, manifestation of the principle of sovereignty.
It is the ‘principle of the exclusive competence of the State in regard to its own territory . . . Territorial sovereignty is, in general, a situation recognized and delimited in space . . . [and] signifies independence. Independence in regard to a portion of the globe is the right to exercise therein,
to the exclusion of any other State, the functions of a State’: Arbitrator Max Huber in the Island of Palmas Case ( 1928 ) 2 R.I.A.A. 829 at 838.
SOURCE: Parry & Grant Encyclopaedic Dictionary of International Law,
John P. Grant and J. Craig Barker. -- 3rd ed. Copyright ˝ 2009 by Oxford University Press, Inc. pp 598-599
effectivites An application of the effectiveness principle ( see effectiveness, principle of ), effectivités are acts by a State relevant to a claim of
title to territory by occupation or prescription ( see prescription, acquisitive ), the factual elements that demonstrate the exercise of governmental authority in a territory. See Burkina Faso/Mali Frontier Dispute Case 1986 I.C.J. Rep. 587 ; Libya–Chad Territorial Dispute 1994 I.C.J. Rep. 38 ; Land, Island, and Maritime Frontier Dispute Case 1992 I.C.J. Rep. 397 ; Cameroon–Nigeria Boundary Case 2002 I.C.J. Rep. 68 ; Sovereignty over Pulau Ligitan and Pulau Sipadan Case 2002 I.C.J. Rep. 625 ; Nicaragua–Honduras Territorial and Maritime Dispute in the Caribbean Sea Case 2007 I.C.J. Rep. 3 .
SOURCE: Parry & Grant Encyclopaedic Dictionary of International Law,
John P. Grant and J. Craig Barker. -- 3rd ed. Copyright ˝ 2009 by Oxford University Press, Inc. pp 177
occupation: Territory is considered occupied when it is actually placed under the authority of the hostile army.
The
occupation extends only to the territory where such authority has been established and can be exercised.
SOURCE: Article 42 Hague Regulation 1907
(COMMENT)
IF country "A" extends its authority into some territory of Country "B,"
THEN that territory to which COUNTRY "A" establishes its power to restore, and ensure, public order and safety is under military occupied.
IF Country "B" does not exercise exclusive competence of the State in regard to its own territory,
THEN Country "B" does not have territorial sovereignty.
IF Country "A" has a Status of Forces Agreement (SOFA), which delimits actual authority in favor of Country "B".
THEN Country "B" is still sovereign over that territory.
IF Country "A" has extended full civil and security control over some territory of Country "B" absent any other limitation and Country "B" can NOT
demonstrate the exercise of governmental authority in a territory to the exclusion of any Country "A",
THEN country "B" does not have true sovereignty over that portion of the territory.
WHAT does the deceptive argument say?
What happens when Country "A" declined sovereignty but maintains full civil and security control over some territory?
Most Respectfully,
R