Original Title to Territory: To What and to What Extent Is the Concept of Title to Territory Applied?

However, in the cases of prescription and subjugation, the prior title is cut off, as it were, and a separate title is established, while in the case of cession, the title of the state receiving territory is established only within the effective scope of the prior title, that is, the title of the state ceding territory. [...] That is to say, while the reliance on the exercise of state functions that characterizes this case has gathered frequent attention, amid the academic trend to reconsider the appropriateness of the “mode” theory mentioned in the previous section, the issues of how the parties and the Court grasped original title or ancient title and the significance thereof for the concept of title to territory at. [...] Bahrain case in which a judgment on the merits was rendered in 2001.13 In this case, regarding the Zubarah region in the northwestern part of the Qatar Peninsula, the ICJ concluded that the authority of the Sheikh of Qatar based in Doha on the eastern coast of the peninsula had gradually been consolidated to be definitively established in 1937.14 On the other hand, regarding the Hawar Islands loca. [...] As for Indonesia, the Court did not examine the original title at all because it found that the disputed islands were clearly not included in the areas that had passed to Indonesia as a successor to the Netherlands.22 On the other hand, regarding Malaysia’s claim, the Court did consider whether or not the disputed islands had been part of the possessions of the Sultan of Sulu, and denied the exist. [...] The first is the juncture between the concept of title to territory and the issue of the grounds of territorial sovereignty over territory that is inseparable from the existence of the state itself, which used to be considered as outside the scope of title to territory.