Research Handbook on Territorial Disputes in International Law
Research Handbook on Territorial Disputes in International Law

Author: Marcelo G. Kohen

Publisher: Edward Elgar Publishing

Published: 2018-10-26

Total Pages: 519

ISBN-13: 1782546871

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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 Politics and Secession
Territorial Politics and Secession

Author: Martin Belov

Publisher: Springer Nature

Published: 2021-03-29

Total Pages: 315

ISBN-13: 3030644022

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This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo. Second, the book provides a multidiscoursive approach which combines the efforts of constitutional and comparative constitutional law scholars with international lawyers, EU lawyers and specialists in international relations. This allows for multifaceted and, in that regard, more adequate, balanced and rich analysis of secession and the other forms of revolutionary territorial politics.

Strong Borders, Secure Nation
Strong Borders, Secure Nation

Author: M. Taylor Fravel

Publisher: Princeton University Press

Published: 2008-08-25

Total Pages: 394

ISBN-13: 1400828872

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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.

Stress Testing the Law of the Sea
Stress Testing the Law of the Sea

Author: Stephen Minas

Publisher: BRILL

Published: 2018-09-04

Total Pages: 377

ISBN-13: 9004352929

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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.

Sovereignty, Statehood and State Responsibility
Sovereignty, Statehood and State Responsibility

Author: Christine Chinkin

Publisher: Cambridge University Press

Published: 2015-02-12

Total Pages: 529

ISBN-13: 1316218090

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This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of states), statehood (what it means to be a state, and the process of acquiring or losing statehood) and state responsibility (the legal component of what being a state entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states. It includes reflections on the interactions between states and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood.

Enduring Territorial Disputes
Enduring Territorial Disputes

Author: Krista Eileen Wiegand

Publisher: University of Georgia Press

Published: 2011-09-01

Total Pages: 359

ISBN-13: 0820339466

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Of all the issues in international relations, disputes over territory are the most salient and most likely to lead to armed conflict. In this study, Krista E. Wiegand examines why some states are willing and able to settle territorial disputes while others are not.

Territorial Disputes and State Sovereignty
Territorial Disputes and State Sovereignty

Author: Jorge E. Núñez

Publisher: Routledge

Published: 2020-05-11

Total Pages: 166

ISBN-13: 1000082369

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Adopting a multi-disciplinary approach, this book opens new ground for research on territorial disputes. Many sovereignty conflicts remain unresolved around the world. Current solutions in law, political science and international relations generally prove problematic to at least one of the agents part of these differences. Arguing that disputes are complex, multi-layered and multi-faceted, this book brings together a global, inter-disciplinary view of territorial disputes. The book reviews the key conceptual elements central to legal and political sciences with regards to territorial disputes: state, sovereignty and self-determination. Looking at some of the current long-standing disputes worldwide, it compares and contrasts the many issues at stake and the potential remedies currently available in order to assess why some territorial disputes remain unresolved. Finally, it offers a set of guidelines for dispute settlement and conflict resolution that current remedies fail to provide. It will appeal to students and scholars working in international relations, legal theory and jurisprudence, public international law and political sciences.

Title to Territory in International Law
Title to Territory in International Law

Author: Joshua Castellino

Publisher: Dartmouth Publishing Group

Published: 2003

Total Pages: 296

ISBN-13:

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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.

Terror and Territory
Terror and Territory

Author: Stuart Elden

Publisher: U of Minnesota Press

Published: 2009

Total Pages: 293

ISBN-13: 0816654832

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Today's global politics demands a new look at the concept of territory. From so-called deterritorialized terrorist organizations such as al-Qaeda to U.S.-led overthrows of existing regimes in the Middle East, the relationship between territory and sovereignty is under siege. Unfolding an updated understanding of the concept of territory, Stuart Elden shows how the contemporary "war on terror" is part of a widespread challenge to the connection between the state and its territory. Although the importance of territory has been disputed under globalization, territorial relations have not come to an abrupt end. Rather, Elden argues, the territory/sovereignty relation is being reconfigured. Traditional geopolitical analysis is transformed into a critical device for interrogating hegemonic geopolitics after the Cold War, and is employed in the service of reconsidering discourses of danger that include "failed states," disconnection, and terrorist networks. Looking anew at the "war on terror"; the development and application of U.S. policy; the construction and demonization of rogue states; events in Lebanon, Somalia, and Pakistan; and the wars continuing in Afghanistan and Iraq, Terror and Territory demonstrates how a critical geographical analysis, informed by political theory and history, can offer an urgently needed perspective on world events.