The acquisition of territory in international law

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Author :
Publisher : Manchester University Press
ISBN 13 : 1526117185
Total Pages : 219 pages
Book Rating : 4.5/5 (261 download)

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Book Synopsis The acquisition of territory in international law by : R. Y. Jennings

Download or read book The acquisition of territory in international law written by R. Y. Jennings and published by Manchester University Press. This book was released on 2017-06-01 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published by Manchester University Press in 1963, this book is now regarded as a classic of international law literature. Jennings examines the major issues relating to the acquisition of territory in a stimulating and elegant manner, providing a sense of the critical relationship between law and politics on the international scene - vital if law is to be practiced and interpreted correctly. This reissue features a new introduction by Marcelo G. Kohen of the Graduate Institute of International and Development Studies, Geneva, contextualising the work and discussing its continued relevance to students of international law and international lawyers themselves. He is one of the leading experts on questions of acquisition of territory, having been involved in numerous territorial disputes before the International Court of Justice.

Title to Territory in Africa

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Author :
Publisher :
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Title to Territory in Africa by : Malcolm Nathan Shaw

Download or read book Title to Territory in Africa written by Malcolm Nathan Shaw and published by . This book was released on 1986 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The territorially-based view of international law remains the fundamental model and is subscribed to by third world states. This study analyzes the colonial acquisition of African territory with particular reference to the evolution of the principles of self-determination and its impact upon the law relating to territory.

Title to Territory

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Author :
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.

How to Prove Title to Territory

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Author :
Publisher : IBRU
ISBN 13 : 1897643292
Total Pages : 30 pages
Book Rating : 4.8/5 (976 download)

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Book Synopsis How to Prove Title to Territory by : John McHugo

Download or read book How to Prove Title to Territory written by John McHugo and published by IBRU. This book was released on 1998 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Research Handbook on Territorial Disputes in International Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1782546871
Total Pages : 520 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 520 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.

Title to Territory in International Law

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Author :
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.

The Right of Conquest

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Author :
Publisher : Clarendon Press
ISBN 13 : 0191583804
Total Pages : 358 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Right of Conquest by : Sharon Korman

Download or read book The Right of Conquest written by Sharon Korman and published by Clarendon Press. This book was released on 1996-10-31 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an enquiry into the place of the right of conquest in international relations since the early sixteenth century, and the causes and consequences of its demise in the twentieth century. It was a recognized principle of international law until the early years of this century that a state that emerges victorious in a war is entitled to claim sovereignty over territory which it has taken possession. Sharon Korman shows how the First World War - which led to the rise of self-determination and to calls for the prohibition of way - prompted the reconstruction of international law and the consequent abolition of the title by conquest. Her conclusion, which highlights the merits and defects of the modern law as a vehicle for discouraging war by denying the title to the conqueror, challenges many of the assumptions that have come to constitute part of the conventional wisdom of our times. This is a study, not of international law narrowly conceived, but of the place of a changing legal principle in international history and the contemporary world.

Indigenous Peoples, Title to Territory, Rights and Resources

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Author :
Publisher : Routledge
ISBN 13 : 1317703170
Total Pages : 417 pages
Book Rating : 4.3/5 (177 download)

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Book Synopsis Indigenous Peoples, Title to Territory, Rights and Resources by : Cathal M. Doyle

Download or read book Indigenous Peoples, Title to Territory, Rights and Resources written by Cathal M. Doyle and published by Routledge. This book was released on 2014-11-20 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.

Territorial Acquisition, Disputes and International Law

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Author :
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.

The Transformation of Occupied Territory in International Law

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Publisher : BRILL
ISBN 13 : 9004227881
Total Pages : 569 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Transformation of Occupied Territory in International Law by : Andrea Carcano

Download or read book The Transformation of Occupied Territory in International Law written by Andrea Carcano and published by BRILL. This book was released on 2015-08-14 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on a broad historical foundation, this study offers a comprehensive treatment of the international law issues that have arisen in connection with, and as a result of, the ‘transformative’ occupation of Iraq and of their significance for the development of international law.

Territoriality and International Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 9781783472383
Total Pages : 0 pages
Book Rating : 4.4/5 (723 download)

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Book Synopsis Territoriality and International Law by : Marcelo G. Kohen

Download or read book Territoriality and International Law written by Marcelo G. Kohen and published by Edward Elgar Publishing. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The compilation of key articles and excerpts in this timely volume deals with the importance of territory for international law with regards to its relationship with power, state building and globalisation. The collection also analyses the evolution and scope of the law of acquisition of territory from colonial times to today, the emergence of new areas for the territorial expansion of states and the border delimitation rules. In addition, the selected papers investigate the impact of the human dimension, particularly the individual and collective human rights, on the way international law addresses territorial issues, including indigenous peoples and the right to self-determination.

Chapters on the Principles of International Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 308 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Chapters on the Principles of International Law by : John Westlake

Download or read book Chapters on the Principles of International Law written by John Westlake and published by . This book was released on 1894 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Indigenous Peoples' Land Rights under International Law

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Author :
Publisher : BRILL
ISBN 13 : 9004323252
Total Pages : 349 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Indigenous Peoples' Land Rights under International Law by : Jérémie Gilbert

Download or read book Indigenous Peoples' Land Rights under International Law written by Jérémie Gilbert and published by BRILL. This book was released on 2016-07-08 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements.

Title to Territory in International Law

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Author :
Publisher :
ISBN 13 : 9781315182100
Total Pages : pages
Book Rating : 4.1/5 (821 download)

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Book Synopsis Title to Territory in International Law by : Steve Allen

Download or read book Title to Territory in International Law written by Steve Allen and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This title was first published in 2003. 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 focusing 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 Yugoslavia and for indigenous peoples world-wide. A comprehensive and critical analysis of the Roman doctrine of uti possidetis, this book should prove an important resource for both students and scholars of international law."--Provided by publisher.

Territorial Status in International Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509959491
Total Pages : 229 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Territorial Status in International Law by : Jure Vidmar

Download or read book Territorial Status in International Law written by Jure Vidmar and published by Bloomsbury Publishing. This book was released on 2024-01-11 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a new theory of territorialism and international legal status of territories. It (i) defines the concept of territory, explaining how territories are created; (ii) redefines the concept of statehood, illustrating that statehood (rather than the statehood criteria) is territorial legal status established in the formal sources of international law; and (iii) grounds non-state territorial entities in the sources of international law to explain their international legal status. This fresh new theoretical perspective has both scholarly and practical importance, providing a tool helping decision-makers and judges in the practical application of international law both internationally and domestically.

International Law: A Very Short Introduction

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Publisher : OUP Oxford
ISBN 13 : 0191576204
Total Pages : 144 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis International Law: A Very Short Introduction by : Vaughan Lowe

Download or read book International Law: A Very Short Introduction written by Vaughan Lowe and published by OUP Oxford. This book was released on 2015-11-26 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

Law, Territory and Conflict Resolution

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Author :
Publisher : BRILL
ISBN 13 : 9004311297
Total Pages : 391 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Law, Territory and Conflict Resolution by : Matteo Nicolini

Download or read book Law, Territory and Conflict Resolution written by Matteo Nicolini and published by BRILL. This book was released on 2016-05-19 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, Territory and Conflict Resolution examines the role of law in territorial disputes and legal realities in territorial conflicts by critically reflecting on the well-established assumption that law is ‘part of the solution’ rather than ‘part of the problem’.