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Vol 21 No 11 Nov/Dec 2016

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Title to Territory in International Law

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Joshua CastellinoIrish Centre for Human Rights, National University of Ireland, Galway, Republic of Ireland, Steve AllenLaw Department, Brunel University, London

ISBN13: 9780754622246
ISBN: 075462224X
Published: April 2005
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print



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.

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Contents:
Chapter I The Doctrine of Uti Possidetis: Crystallisation of Modern Post-Colonial Identity - The Roman Law Doctrine of Uti Possidetis; Principle Extended to Decolonization Process; Modern Developments of the Norm in International Law; Shortcomings of Uti Possidetis. Chapter II The Impact of Roman Property Regimes on Territorial Acquisition in the Modern International Context: Theoretical Origins of Modern Jus Gentium; The Influence of Jus Civile on Modern Jus Gentium; The Influence of Private Jus Gentium on Modern Jus Gentium; The Reception of Roman Property Regimes into Modern Jus Gentium. Chapter III Spanish America and the Treatment of Territory in International Law: Historical Background to the Creole Action; Ideas of Confederation - Consolidation of res Nullius & Uti Possidetis; The Development of the Doctrines of Uti Possidetis and Terra Nullius Prior to the ""Scramble for Africa"". Chapter IV African Treaty Regimes in the 19th Century: an examination of the impacts of Acquisitory Colonial Treaties on African State Formation - Commerce, Christianity and Civilization; The Classical Doctrine of Territoriality and the Notion of Personality Within International Law; Classical Doctrine and the Acquisition of Territory in the ""Scramble for Africa""; Acquisitory Treaties and Customary International Law. The Process of Formal Colonization; Postcolonial Ramifications. Chapter V Cases Concerning Territoriality Before the International Court of Justice: Case Concerning Sovereignty over Certain Frontier Land (Belgium/ The Netherlands) 20th June 1959; Case Concerning the Frontier Dispute (Burkina Faso/ Mali) 22nd December 1986; Case Concerning the Continental Shelf (Tunisia/ Libyan Arab Jamahiriya) 24th February 1982; Case Concerning the Continental Shelf (Libyan Arab Jamahiriya/ Malta) 3rd June 1985; Case Concerning the Land, Island and Maritime Frontier Disputes (El Salvador/ Honduras, Nicaragua intervening) 1992; Territorial Dispute (Libya/ Chad) 1994; Case Concerning Kasikili/ Sedudu Island (Botswana/ Namibia) 13th December 1999; Case Concerning the Lands and Maritime Country between Cameroon and Nigeria (Cameroon/ Nigeria) 15th March 1996. Chapter VI The Badinter Commission and the Treatment of Territory in the Former Yugoslavia: Badinter Commission - An Introduction; The Issues Before the Badinter Commission; The Opinions of the Badinter Commission; The Implication of the Badinter Discourse on Issues of Territoriality. Chapter VII The Treatment of Territory of Indigenous Peoples in International Law: Law and Indigenous Land Rights; International Legal Regimes and the Protection of Indigenous Land Rights; Indigenous Land Rights and State Practice - Towards Customary International Law?.