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Vol 25 No 2 Feb/March 2020

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Lewin on Trusts

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Title to Territory

ISBN13: 9780815398486
To be Published: September 2020
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £105.00

Please note this edition is a reprint of a book published in 2005 by Ashgate Publishing. It is not a new edition

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.

Public International Law
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.