Detachment (territory)
Detachment (Old French de, from, and [at]tach, joining with a stake) under international law is the formal, permanent separation of and loss of sovereignty over some territory to another geopolitical entity (either adjacent or noncontiguous). After World War I, Alsace and Lorraine were a formal detachment from Germany. More often, detachment occurs as a process within a country, for example the creation of the federal District of Columbia resulted from a detachment of territory from the State of Maryland. The removal of territory from a city or special district is also detachment.[1][2] Within a country, detachment is governed by the laws of the supervening entity.[1][3] Detachment can be considered the opposite or the reverse of annexation.
Suez Canal
The formal detachment of Egypt from the Ottoman Empire was a condition for British investment in the Suez Canal.[4]
League of Nations mandates
After World War I, a number of colonial territories and border territories were detached from the German Empire as well as portions of the Austrian-Hungarian Empire and the Ottoman Empire. Some of the detachments were incorporated directly into new countries, such as Yugoslavia, or annexed by existing countries such as Northern Schleswig into Denmark. Some, however, particularly in the Middle East and those of the German colonies, were placed under the "protection" of one or another of the Allied countries that had won the war, including Germany's concessions in China, Kiautschou and Chefoo. From a rule of law standpoint, the protectoratess were not war booty but "mandates" from a legally-constituted international body and so detachment occurred without annexation.[5]
References
- ^ a b "Detachment from a City Government". Alaska Division of Community and Regional Affairs. Archived from the original on 24 June 2011.
- ^ "Detachment of Territory". U.S. Legal, Inc.
- ^ Towne, George (2003). "State Notes: Topics of Legislative Interest: Annexation and Detachment In Michigan" (PDF). Senate Fiscal Agency, Michigan State Senate. Archived (PDF) from the original on 13 June 2013.
- ^ Lawrence, Thomas Joseph (1884). "The Suez Canal in International Law". The Law Magazine and Review (5th Series). 9: 117–143, page 137.
- ^ Korman, Sharon (1996). The Right of Conquest: The Acquisition of Territory by Force in International Law and Practice. Oxford, England: Oxford University Press. p. 142. ISBN 978-0-19-828007-1.
Sources
- Roberts, Adam (2006). "Transformative military occupation: applying the laws of war and human rights" (PDF). The American Journal of International Law. 100: 580–622. doi:10.1163/ej.9789004154285.i-590.90. Archived from the original (PDF) on 2011-07-25.
- Aldrich, Richard and Orange County LAFCO Staff (2012). "Annexations, Incorporations, and Reorganizations: Here's how we do it in California. How does your state do it?". American Planning Association.