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The Right of Conquest
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.
Territorial Acquisition, Disputes, and International Law
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 and Government of Backward Territory in International Law
Cases concerning British colonization of Australia and theory of territorium nullius briefly discussed.
The acquisition of territory in international law
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.
The Acquisition of Africa (1870-1914)
Over recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities.
Land Acquisition 7th Edition
Land Acquisition, 7th edition is an examination of the principles of the law governing the compulsory acquisition or resumption of land in Australia. It summarises the principal legislative provisions and the case law that has emerged over 150 years. Reference is made to nine federal, state and territory states and to approximately 450 reported cases.
Research Handbook on Territorial Disputes in International Law
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 chapte...
Title to Territory
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.
