Length of occupation  The primary means of acquiring title to territory is through the effective exercise of the functions of a state within that territory. This means that Britain has a right to the territory under either ‘occupation’ (if Argentina is not considered to have occupied previously) or ‘prescription’ if it has. [1] The ICJ has stated that the claim must be  I, the possession must be exercised in the character of a sovereign  II, the possession must be peaceful and uninterrupted  III, the possession must be public  IV, the possession must endure for a certain length of time. [2]  Britain would not have difficulty arguing that it has continuously exercised sovereignty for over 170 years. It has also been peaceful (no attacking native tribes, no unrest etc). It would seem silly to transfer sovereignty to Argentina on the basis of Argentina having only occupied the islands for at most five years compared to the long period of British occupation both after and before the Argentine colony.  [1] Dixon, Martin, Textbook on International Law, 6th ed., Oxford, 2007, p.155,   [2] International Court of Justice, ‘Reports of Judgements, Advisory Opinions and Orders Case Concerning Kasikili/Sedudu Island (Botswana/Namibia)’, 23 December 1999,  p.62/1103