|
Title to Territory
By
Malcolm N. Shaw
Description
The
question of territory has always been central to the international
legal system. It constitutes the core of the definition of the state,
and the state remains the primary element in international law. As
such it is tied to the issue of jurisdiction and the extent of the
power exercisable by the state. It is also central to the
organisation of the international order, for a state-based world
community requires rules by which to determine how territory may be
allocated to states and the sanctions that may be applied for
violation of territorial integrity. Further, as states appear,
disappear and re-emerge in a different guise, principles as to the
determination of boundaries become critical. The Former Yugoslavia is
the most prominent example of this in modern times.
This
volume consists of numerous important essays describing the role of
territory in international law and how the international legal system
accepts and regulates the apportionment of territory between states,
and regulates boundary questions. The volume is prefaced by a
wide-ranging Introduction which lays out the essence of the modern
law in this critically important area of international law.
Contents
Introduction:
the international law of territory: an overview. Law and Territory in
the International System: Territory in international law, M.N. Shaw;
Sovereignty, territory and the international lawyer\\\'s dilemma, Donald
W. Greig. Historical Development: Discovery, symbolic annexation and
virtual effectiveness in international law, Friedrich August Freiherr
von der Heydte; The concept of statehood and the acquisition of
territory in the 19th century, J.A. Andrews. Modes of Acquisition:
Adjudication and adjustment – international judicial decision
and the settlement of territorial and boundary disputes, A.L.W.
Munkman; Title to territory: response to a challenge, Georg
Schwarzenberger; The acquisition of title to territory by newly
emerged states, J.G. Starke; Acquisitive prescription in
international law, D.H.N. Johnson. Associated Doctrines: Some
observations on the doctrine of continuity and the finality of
boundaries, Kaiyan Homi Kaikobad; The doctrine of intertemporal law,
T.O. Elias; The scope of acquiescence in international law, I.C.
MacGibbon. Force and Territorial Title: What weight conquest?,
Stephen M. Schwebel. Maps: Maps as evidence in international boundary
disputes: a reappraisal, Guenter Weissberg. Self-Determination and
Territorial Integrity: Self-determination versus territorial
integrity in decolonization, S.K.N. Blay; Drawing a better line: uti
possidetis and the borders of new states, Stephen R. Ratner; Peoples,
territorialism and boundaries, Malcolm N. Shaw; Name index.
About the Author/Editor
Professor
Malcolm N. Shaw QC is the Sir Robert Jennings Professor of
International Law at the University of Leicester, and a Visiting
Fellow at the Lauterpacht Research Centre for International Law at
the University of Cambridge during 2005. He is also a practising
barrister with extensive experience in advising on questions of
territorial disputes in International Law.
|
Home
Login