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ANNEXATION (Lat. ad, to, and nexus, j...

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Originally appearing in Volume V02, Page 74 of the 1911 Encyclopedia Britannica.
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ANNEXATION (See also:Lat. ad, to, and nexus, joining)  , in See also:international See also:law, the See also:act by which a See also:state adds territory to its dominions; the See also:term is also used generally as a synonym for acquisition . The See also:assumption of a See also:protectorate over another state, or of a See also:sphere of See also:influence, is not strictly See also:annexation, the latter implying the See also:complete displacement in the annexed territory of the See also:government or state by which it was previously ruled . Annexation may be the consequence of a voluntary cession from one state to another, or of See also:conversion from a protectorate or sphere of influence, or of See also:mere occupation in uncivilized regions, or of See also:conquest . The cession of See also:Alsace-See also:Lorraine to See also:Germany by See also:France, although brought about by the See also:war of 187o, was for the purposes of international law a voluntary cession . Under the treaty of the 17th of See also:December 1885, between the See also:French See also:republic and the See also:queen of See also:Madagascar, a French protectorate was established over this See also:island . In 1896 this protectorate was converted by France into an annexation, and Madagascar then became " French territory." The formal annexation of Bosnia-Herzegovina by See also:Austria (Oct.5, 1908) was an unauthorized conversion of an " occupation " authorized by the Treaty of See also:Berlin (1878), which had, however, for years operated as a de facto annexation . A See also:recent See also:case of conquest was that effected by the See also:South See also:African War of 1899-1902, in which the See also:Transvaal republic and the See also:Orange See also:Free State were extinguished, first de facto by occupation of the whole of their territory, and then de jure by terms of surrender entered into by the See also:Boer generals acting as a government . By annexation, as between civilized peoples, the annexing state takes over the whole See also:succession with the rights and obligations attaching to the ceded territory, subject only to any modifying conditions contained in the treaty of cession . These, however, are binding only as between the parties to them . In the case of the annexation of the territories of the Transvaal republic and Orange Free State, a rather complicated situation arose out of the facts, on the one See also:hand, that the ceding states closed their own existence and See also:left no recourse to third parties against the previous ruling authority, and, on the other, that, having no means owing to the de facto See also:British occupation, of raising See also:money by See also:taxation, the dispossessed governments raised money by selling certain securities, more especially a large holding of shares in the South African Railway See also:Company, to neutral purchasers . The British government repudiated these sales as having been made by a government which the British government had already displaced . The question of at what point, in a war of conquest, the state succession becomes operative is one of See also:great delicacy .

As earlyas the 6th of See also:

January 1900, the high See also:commissioner at Cape See also:Town issued a See also:proclamation giving See also:notice that H . M. government would " not recognize as valid or effectual " any See also:conveyance, See also:transfer or transmission of any See also:property made by the government of the Transvaal republic or Orange Free State subsequently to the loth of See also:October 1899, the date of the commencement of the war . A proclamation forbidding transactions with a state which might still be capable of maintaining its See also:independence could obviously bind only those subject to the authority of the state issuing it . Like See also:paper blockades (see See also:BLOCKADE) and fictitious occupations of territory, such premature proclamations are viewed by international jurists as not being jure gentium . The proclamation was succeeded, on the 9th of See also:March 1900, by another of the high commissioner at Cape Town, reiterating the notice, but confining it to " lands, See also:railways, mines or See also:mining rights." And on the 1st of See also:September 1900 See also:Lord See also:Roberts proclaimed at See also:Pretoria the annexation of the territories of the Transvaal republic to the British dominions . That the war continued for nearly two years after this proclamation shows how fictitious the claim of annexation was . The difficulty which arose out of the transfer of the South African Railway shares held by the Transvaal government was satisfactorily terminated by the See also:purchase by the British government of the See also:total See also:capital of the company from the different See also:groups of shareholders (see on this case, See also:Sir See also:Thomas See also:Barclay, Law Quarterly See also:Review, See also:July 1905; and See also:Professor Westlake, in the same Review, October 1905) . In a See also:judgment of the judicial See also:committee of the privy See also:council in 1899 (See also:Cook v . Sprigg, A.C . 572), Lord See also:Chancellor See also:Halsbury made an important distinction as regards the obligations of state succession . The case in question was a claim of See also:title against the See also:crown, represented by the government of Cape See also:Colony . It was made by persons holding a concession of certain rights in eastern Pondoland from a native See also:chief .

Before the grantees had taken up their See also:

grant by acts of See also:possession, Pondoland was annexed to Cape Colony . The colonial government refused to recognize the grant on different grounds, the chief of them being that the concession conferred no legal rights before the annexation and therefore could confer none afterwards, a sufficiently See also:good ground in itself . The judicial committee, however, rested its decision chiefly on the allegation that the acquisition of the territory was an act of state and that " no municipal See also:court had authority to enforce such an See also:obligation " as the See also:duty of the new government to respect existing titles . " It is no See also:answer," said Lord Halsbury, " to say that by the See also:ordinary principles of international law private property is respected by the See also:sovereign which accepts the cession and assumes the duties and legal obligations of the former sovereign with respect to such private property within the ceded territory . All that can be meant by such a proposition is that according to the well-understood rules of international law a See also:change of See also:sovereignty by cession ought not to affect private property, but no municipal tribunal has authority to enforce such an obligation . And if there is either an See also:express or a well-understood bargain between the ceding potentate and the government to which the cession is made that private property shall be respected, that is only a bargain which can be enforced by sovereign against sovereign in the ordinary course of See also:diplomatic pressure." In an editorial See also:note on this case the Law Quarterly Review of See also:Jan . 1900 (p . 1), dissenting from the view of the judicial committee that "no municipal tribunal has authority to enforce such an obligation," the writer observes that "we can read this only as meant to See also:lay down that, on the annexation of territory even by peaceable cession, there is a total See also:abeyance of See also:justice until the will of the annexing See also:power is expressly made known; and that, although the will of that power is commonly to respect existing private rights, there is no See also:rule or presumption to that effect of which any court must or indeed can take notice." So construed the See also:doctrine is not only contrary to international law, but according to so authoritative an exponent of the See also:common law as Sir F . See also:Pollock, there is no See also:warrant for it in See also:English common law . An interesting point of See also:American constitutional law has arisen out of the cession of the Philippines to the See also:United States, through the fact that the federal constitution does not lend itself to the exercise by the federal See also:congress of unlimited See also:powers, such as are vested in the British See also:parliament . The See also:sole authority for the powers of the federal congress is a written constitution with defined'powers . Anything done in excess of those powers is null and void .

The Supreme Court of the United States, on the other hand, has declared that, by the constitution, a government is ordained and established " for the United States of See also:

America " and not for countries outside their limits (See also:Ross's Case, 14o U.S . 453, 464), and that no such power to legislate for annexed territories as that vested in the British crown in council is enjoyed by the See also:president of the United States (Fiel:I v . See also:Clark, 143 U.S . 649, 692) . Every detail connected with the See also:administration of the territories acquired from See also:Spain under the treaty of See also:Paris (December to, 1898) has given rise to See also:minute discussion . See Carman F . See also:Randolph, Law and Policy of Annexation (New See also:York and See also:London, 1901) ; See also:Charles See also:Henry See also:Butler, Treaty-making Power of the United States (New York, 1902), vol.,i. p . 79 et seq . (T .

End of Article: ANNEXATION (Lat. ad, to, and nexus, joining)
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