International Law and the Adjudication of Territorial Disputes

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Brendan Plant (College Lecturer and Fellow, College Lecturer and Fellow, Wolfson College, University of Cambridge)

International Law and the Adjudication of Territorial Disputes

Brendan Plant (College Lecturer and Fellow, College Lecturer and Fellow, Wolfson College, University of Cambridge)

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English

Oxford University Press
05 January 2017

International relations; International law of territory & statehood; International courts & procedures

Series: Oxford Monographs in International Law

The effectiveness of a state's claim to territory has long been one of international law's central concerns when determining territorial entitlement. However the concept has always been the subject of controversy, as states and empires have adapted the notion over the centuries to suit their acquisitive ambitions, sometimes using it to challenge their rivals' exorbitant territorial pretensions, and other times invoking it to validate their own seizure of territory by unlawful means. In the last century, as the international legal system has undergone profound changes in its structure and substance, arguments concerning the effectiveness of a state's exercise have continued to feature prominently in practice, and the evidences of a state's display of authority, known as effectivités, appear unfailingly in territorial cases before international courts and tribunals. And yet there remain crucial uncertainties about the notion. What exactly constitutes effectiveness? And what legal consequences can it produce?

This book seeks to clarify the content, character and legal significance of the principle of effectiveness in the international law of territory. By surveying the diplomatic practice and reviewing the extensive international case law, it demonstrates that effectiveness remains a vital element of the international law of territory, though its meaning has evolved and its functions have multiplied. It also shows that, while effectivités have become a ubiquitous element in modern territorial litigation, their treatment has been far from uniform. Through a systematic analysis of the various ways in which effectivités have been used in territorial disputes, this book reveals the dynamic and complex manner in which the principle of effectiveness interacts with other shifting elements of international law concerning territory, including the prohibition on the use of force, uti possidetis, the law of treaties, inter-temporality and the critical date, self-determination and international legal personality. With its distinctive analysis of the theoretical debates, historical practice and modern case law, this book sheds new light on the adjudication of disputes over territorial sovereignty and land boundaries today.

By: Brendan Plant (College Lecturer and Fellow College Lecturer and Fellow Wolfson College University of Cambridge)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9780198766100
ISBN 10: 0198766106
Series: Oxford Monographs in International Law
Pages: 300
Publication Date: 05 January 2017
Audience: College/higher education , Professional and scholarly , A / AS level , Further / Higher Education
Format: Hardback
Publisher's Status: Active

Dr Brendan Plant is Hopkins-Parry Fellow and Director of Studies in Law at Downing College, Cambridge and Associate Fellow of the Lauterpacht Centre for International Law at the University of Cambridge. He is also an External Professor of the Universidad de La Sabana in Bogotá, Chile, and a Summer Faculty Member of the University of Mississippi School of Law. Dr Plant is also an academic member of Blackstone Chambers in London.