116. Effective control.

The processes of consolidating title gained by occupation1, gaining title by prescription2 and demonstrating title where the original title is obscure3 have overlapping characteristics. A state is required to show its effective control over the area, the kind and degree of effectiveness ('effectivités') being dependent upon the nature of the territory and its geographical location. What is more, states must maintain their title by demonstrating continuing acts of governmental authority of a kind appropriate to the nature of the area in question. Where title is contested between two states, it will often be the case that the one which