Territorial Acquisition Disputes And International Law

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Territorial Acquisition, Disputes and International Law

Author : Surya P. Sharma
Publisher : BRILL
ISBN 13 : 900463519X
Total Pages : 374 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Territorial Acquisition, Disputes and International Law by : Surya P. Sharma

Download or read book Territorial Acquisition, Disputes and International Law written by Surya P. Sharma and published by BRILL. This book was released on 2024-01-15 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the traditional criteria of territorial acquisition and demonstrates their inadequacies in the modern context. It also addresses contemporary territorial doctrines and conflicts. It regards territorial acquisition as a comprehensive process involving various considerations leading to the establishment or transfer of exclusive control over territory. This approach has many advantages and adds to the development of the law of territorial acquisition. The author also provides an analysis of the claims and counter-claims in major contemporary territorial disputes and suggests appropriate legal perspectives bearing upon decision-making in regard to them. This book will be highly useful to students, academics and practitioners in the field of international law, as well as all governments and institutions dealing with territorial matters.

Research Handbook on Territorial Disputes in International Law

Author : Marcelo G. Kohen
Publisher : Edward Elgar Publishing
ISBN 13 : 1782546871
Total Pages : 519 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Research Handbook on Territorial Disputes in International Law by : Marcelo G. Kohen

Download or read book Research Handbook on Territorial Disputes in International Law written by Marcelo G. Kohen and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Territorial disputes remain a significant source of tension in international relations, representing an important share of interstate cases brought before international tribunals and courts. Analysing the international law applicable to the assessment of territorial claims and the settlement of related disputes, this Research Handbook provides a systematic exposition and in-depth discussions of the relevant key concepts, principles, rules, and techniques. Combining extensive knowledge from across international law, Marcelo Kohen and Mamadou Hébié expertly unite a multinational group of contributors to provide a go-to resource for the settlement of territorial disputes. The different chapters discuss the process through which states establish sovereignty over a territory, and review the different titles of territorial sovereignty, the relation between titles and effectivités, as well as the relevance of state conduct. Select chapters focus on the impact of foundational principles of international law such as the principle of territorial integrity, the right of self-determination and the prohibition of the threat or use of force, on territorial disputes. Finally, technical rules that are crucial for the assessment of territorial claims, especially the techniques of intertemporal law and critical date, as well as evidentiary rules, are presented. An essential resource for practitioners, international law academics and public officials including judges and arbitrators, this Research Handbook is a highly original collection of scholarship and research on territorial disputes and their settlement. Contributors include: M.J. Aznar, T. Christakis, A. Constantinides, K. Del Mar, G. Distefano, M. Hébié, P. Klein, M. Kohen, V. Koutroulis, S. Lee, G. Nesi, K. Parlett

Territorial Acquisition, Disputes, and International Law

Author : Surya Prakash Sharma
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041103628
Total Pages : 378 pages
Book Rating : 4.1/5 (36 download)

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Book Synopsis Territorial Acquisition, Disputes, and International Law by : Surya Prakash Sharma

Download or read book Territorial Acquisition, Disputes, and International Law written by Surya Prakash Sharma and published by Martinus Nijhoff Publishers. This book was released on 1997-02-05 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the traditional criteria of territorial acquisition and demonstrates their inadequacies in the modern context. It also addresses contemporary territorial doctrines and conflicts. It regards territorial acquisition as a comprehensive process involving various considerations leading to the establishment or transfer of exclusive control over territory. This approach has many advantages and adds to the development of the law of territorial acquisition. The author also provides an analysis of the claims and counter-claims in major contemporary territorial disputes and suggests appropriate legal perspectives bearing upon decision-making in regard to them. This book will be highly useful to students, academics and practitioners in the field of international law, as well as all governments and institutions dealing with territorial matters.

The Acquisition of Territory in International Law

Author : Robert Yewdall Jennings
Publisher : Manchester University Press
ISBN 13 :
Total Pages : 148 pages
Book Rating : 4./5 ( download)

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Book Synopsis The Acquisition of Territory in International Law by : Robert Yewdall Jennings

Download or read book The Acquisition of Territory in International Law written by Robert Yewdall Jennings and published by Manchester University Press. This book was released on 1963 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Iran-UAE Gulf Islands Dispute

Author : Charles L.O. Buderi
Publisher : BRILL
ISBN 13 : 9004236198
Total Pages : 941 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Iran-UAE Gulf Islands Dispute by : Charles L.O. Buderi

Download or read book The Iran-UAE Gulf Islands Dispute written by Charles L.O. Buderi and published by BRILL. This book was released on 2018-05-15 with total page 941 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Iran-UAE Gulf Islands Dispute, Charles Buderi and Luciana Ricart take the reader on a journey through centuries of Gulf history and evolving principles of international law on territorial disputes to reach conclusions over the rightful sovereign of three Gulf islands – Abu Musa and the Tunbs – claimed by both Iran and the United Arab Emirates. Drawing on a wide range of scholarly works and archival documents from sources as diverse as the Dutch East India Company, the Ottoman Empire and the British Government, Buderi and Ricart analyze historical events from antiquity up to modern times. Ultimately, the authors reach conclusions on the ownership of the islands under international law which challenge the positions of both parties.

Title to Territory in International Law

Author : Joshua Castellino
Publisher : Dartmouth Publishing Group
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Title to Territory in International Law by : Joshua Castellino

Download or read book Title to Territory in International Law written by Joshua Castellino and published by Dartmouth Publishing Group. This book was released on 2003 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In seeking to foster preconditions for maintenance of order international law lays great emphasis on state sovereignty - guaranteeing states special protection against threats to their territorial integrity. However, the demarcation of territory in most post-colonial states is extremely controversial since these physical dimensions were usually established during European colonial rule. The Roman doctrine of uti possidetis was called upon to add the thrust of legal sanctity and prevent challenge to boundaries bequeathed to the new ruler. By charting its progress through different temporal phases this book demonstrates that this doctrine evolved to suit political rather than legal tenets. The book is divided into seven chapters; the first two focussing on theoretical issues surrounding uti possidetis, examining its original development in Roman law. The next three chapters trace usage of the doctrine through Spanish decolonization, African colonisation and recent ICJ jurisprudence while the last two study modern manifestations of the effects of the doctrine in the former Yugoslavia and for indigenous peoples world-wide. A comprehensive and critical analysis of the Roman doctrine of uti possidetis, this book is an important resource for both students and scholars of international law.

Jurisdiction in International Law

Author : Cedric Ryngaert
Publisher :
ISBN 13 : 0199688516
Total Pages : 273 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Jurisdiction in International Law by : Cedric Ryngaert

Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

Stress Testing the Law of the Sea

Author : Stephen Minas
Publisher : BRILL
ISBN 13 : 9004352929
Total Pages : 377 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Stress Testing the Law of the Sea by : Stephen Minas

Download or read book Stress Testing the Law of the Sea written by Stephen Minas and published by BRILL. This book was released on 2018-09-04 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution – long the foundation of the UNCLOS framework – in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.

International Law and Boundary Disputes in Africa

Author : Gbenga Oduntan
Publisher : Routledge
ISBN 13 : 1135039550
Total Pages : 428 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis International Law and Boundary Disputes in Africa by : Gbenga Oduntan

Download or read book International Law and Boundary Disputes in Africa written by Gbenga Oduntan and published by Routledge. This book was released on 2015-06-26 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Africa has experienced a number of territorial disputes over land and maritime boundaries, due in part to its colonial and post-colonial history. This book explores the legal, political, and historical nature of disputes over territory in the African continent, and critiques the content and application of contemporary International law to the resolution of African territorial and border disputes. Drawing on central concepts of public international law such as sovereignty and jurisdiction, and socio-political concepts such as colonialism, ethnicity, nationality and self-determination, this book interrogates the intimate connection that peoples and nations have to territory and the severe disputes these may lead to. Gbenga Oduntan identifies the major principles of law at play in relation to territorial, and boundary disputes, and argues that the predominant use of foreign based adjudicatory mechanisms in attempting to deal with African boundary disputes alienates those institutions and mechanisms from African people and can contribute to the recurrence of conflicts and disputes in and among African territories. He suggests that the understanding and application of multidisciplinary dispute resolution mechanisms and strategies can allow for a more holistic and effective treatment of boundary disputes. As an in depth study into the legal, socio-political and anthropological mechanisms involved in the understanding of territorial boundaries, and a unique synthesis of an African jurisprudence of international boundaries law, this book will be of great use and interest to students, researchers, and practitioners in African and Public International Law, International Relations, and decision-makers in need of better understanding the settlement of disputes over territorial boundaries in both Africa and the wider world.

International Law in Domestic Courts

Author : André Nollkaemper
Publisher :
ISBN 13 : 0198739745
Total Pages : 769 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Law in Domestic Courts by : André Nollkaemper

Download or read book International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

The Spratly Islands and International Law

Author : Xuechan Ma
Publisher : Queen Mary Studies in Internat
ISBN 13 : 9789004504325
Total Pages : 396 pages
Book Rating : 4.5/5 (43 download)

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Book Synopsis The Spratly Islands and International Law by : Xuechan Ma

Download or read book The Spratly Islands and International Law written by Xuechan Ma and published by Queen Mary Studies in Internat. This book was released on 2021-12-02 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In The Spratly Islands and International Law, Xuechan Ma offers a detailed analysis of legal solutions to achieve coexistence and cooperation in the Spratly Islands in the absence of maritime delimitation.

The International Court of Justice

Author : H. W. A. Thirlway
Publisher : Oxford University Press
ISBN 13 : 0198779070
Total Pages : 241 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The International Court of Justice by : H. W. A. Thirlway

Download or read book The International Court of Justice written by H. W. A. Thirlway and published by Oxford University Press. This book was released on 2016 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: An easily accessible and comprehensive study of the International Court of Justice, this book succinctly explains all aspects of the world's most important court, including an overview of its composition and operation, jurisdiction, procedure, and the nature and impact of its judgments.

Title to Territory

Author : Malcolm Nathan Shaw
Publisher : Routledge
ISBN 13 : 9781840144635
Total Pages : 0 pages
Book Rating : 4.1/5 (446 download)

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Book Synopsis Title to Territory by : Malcolm Nathan Shaw

Download or read book Title to Territory written by Malcolm Nathan Shaw and published by Routledge. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains essays describing the role of territory in international law. This book also describes how the international legal system accepts and regulates the apportionment of territory between states, and regulates boundary questions.

International Law Relating to Islands

Author : Sean D. Murphy
Publisher : BRILL
ISBN 13 : 9004361545
Total Pages : 383 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis International Law Relating to Islands by : Sean D. Murphy

Download or read book International Law Relating to Islands written by Sean D. Murphy and published by BRILL. This book was released on 2019-03-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.

Strong Borders, Secure Nation

Author : M. Taylor Fravel
Publisher : Princeton University Press
ISBN 13 : 1400828872
Total Pages : 394 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Strong Borders, Secure Nation by : M. Taylor Fravel

Download or read book Strong Borders, Secure Nation written by M. Taylor Fravel and published by Princeton University Press. This book was released on 2008-08-25 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: As China emerges as an international economic and military power, the world waits to see how the nation will assert itself globally. Yet, as M. Taylor Fravel shows in Strong Borders, Secure Nation, concerns that China might be prone to violent conflict over territory are overstated. The first comprehensive study of China's territorial disputes, Strong Borders, Secure Nation contends that China over the past sixty years has been more likely to compromise in these conflicts with its Asian neighbors and less likely to use force than many scholars or analysts might expect. By developing theories of cooperation and escalation in territorial disputes, Fravel explains China's willingness to either compromise or use force. When faced with internal threats to regime security, especially ethnic rebellion, China has been willing to offer concessions in exchange for assistance that strengthens the state's control over its territory and people. By contrast, China has used force to halt or reverse decline in its bargaining power in disputes with its militarily most powerful neighbors or in disputes where it has controlled none of the land being contested. Drawing on a rich array of previously unexamined Chinese language sources, Strong Borders, Secure Nation offers a compelling account of China's foreign policy on one of the most volatile issues in international relations.

Fifty Years of the International Court of Justice

Author : Vaughan Lowe
Publisher : Cambridge University Press
ISBN 13 : 9780521048804
Total Pages : 688 pages
Book Rating : 4.0/5 (488 download)

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Book Synopsis Fifty Years of the International Court of Justice by : Vaughan Lowe

Download or read book Fifty Years of the International Court of Justice written by Vaughan Lowe and published by Cambridge University Press. This book was released on 1996 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical review of the work and significance of the International Court of Justice over fifty years.

Litigating International Law Disputes

Author : Natalie Klein
Publisher : Cambridge University Press
ISBN 13 : 1139916076
Total Pages : 533 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis Litigating International Law Disputes by : Natalie Klein

Download or read book Litigating International Law Disputes written by Natalie Klein and published by Cambridge University Press. This book was released on 2014-04-10 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law.