The growing insistence with
whichinternational law, ever since the middle of the 18th century, has
demanded that the occupation shall be effective would be inconceivable,
if effectiveness were required only for the act of acquisition and not equally for the maintenance of the right.
sovereignty, as has already beensaid,
involves the exclusive right to display activities of a state. This
right has corollary a duty: the obligation to protect within the
territory the rights of other States, in
particular their right to integrity and inviolability in peace and in war, together with the rights which each
State may claim for its nationals in foreign territory. Without
manifesting its its territorial sovereignty in a manner corresponding
to circumstance, the State cannot fulfil this duty.
In the case of an island situated in the highseas, the question arises whether a title is valid ergaomnes, the actual continuous and
peaceful display of State functions is the case of dispute the sound and natural criterium of territorial sovereignty.