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Detachment (territory)

From Wikipedia, the free encyclopedia
Formal loss of sovereignty over territory

Detachment (Old Frenchde, from, and[at]tach, joining with a stake) underinternational law is theformal, permanent separation of and loss ofsovereignty over some territory to another geopolitical entity (either adjacent or noncontiguous). Detachment can be considered the opposite or reverse ofannexation.

A prominent example of detachment is the official and formal relinquishment ofAlsace andLorraine byGermany, followingWorld War I. More often, however, detachment is a result of the creation of a new,sub-national geographical entity within one country. When detachment occurs within a country, the new entity is usually administered subsequently by a supervening entity,[1][2] such as a national/federal government. For example, after theUnited States became independent in 1776, it was considered desirable, for various reasons, for thefederal capital to be situated beyond the boundaries and jurisdiction of the constituentStates. Consequently, in 1790, the States ofMaryland andVirginia agreed to permanently detach adjoining areas on their border, to become theDistrict of Columbia (DC), including the site of the future city ofWashington DC. The formal removal of a smaller area from a city, town, or incorporated, non-urban district is also considered to be a form of detachment.[1][3] For example, while the city ofAlexandria, Virginia and the neighboringAlexandria County were detached from Virginia, to become a founding parts of the District of Columbia, the residents of Alexandria and Alexandria County (later Arlington County) began to campaign for the area's "retrocession" (or reattachment) to Virginia. Thisoccurred in 1847.

Suez Canal

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The formal detachment of Egypt from the Ottoman Empire was a condition for British investment in theSuez Canal.[4]

League of Nations mandates

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Main article:League of Nations mandate

After World War I, a number of colonial territories and border territories were detached from theGerman Empire as well as portions of theAustrian-Hungarian Empire and theOttoman Empire. Some of the detachments were incorporated directly into new countries, such asYugoslavia, or annexed by existing countries such asNorthern Schleswig intoDenmark. Some, however, particularly in theMiddle East and those of theGerman colonies, were placed under the "protection" of one or another of theAllied countries that had won the war, including Germany's concessions inChina,Kiautschou andChefoo. From arule of law standpoint, theprotectorates were not warbooty but "mandates" from a legally-constituted international body and so detachment occurred without annexation.[5]

References

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  1. ^ab"Detachment from a City Government". Alaska Division of Community and Regional Affairs.Archived from the original on 24 June 2011.
  2. ^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 4 March 2016.
  3. ^"Detachment of Territory". U.S. Legal, Inc.
  4. ^Lawrence, Thomas Joseph (1884). "The Suez Canal in International Law".The Law Magazine and Review. 5th Series.9:117–143,page 137.
  5. ^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

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Autonomous types of first-tiersubdivision administration
Federalism
Unitary state
Unions
Subordinacy
Development
See also
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