Title to Territory in International Law

Title to Territory in International Law
Author: Joshua Castellino
Publisher: Dartmouth Publishing Group
Total Pages: 296
Release: 2003
Genre: Law
ISBN:

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 focussing 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 the former Yugoslavia and for indigenous peoples world-wide. A comprehensive and critical analysis of the Roman doctrine of uti possidetis, this book is an important resource for both students and scholars of international law.

Title to Territory in Africa

Title to Territory in Africa
Author: Malcolm Nathan Shaw
Publisher:
Total Pages: 456
Release: 1986
Genre: Business & Economics
ISBN:

The territorially-based view of international law remains the fundamental model and is subscribed to by third world states. This study analyzes the colonial acquisition of African territory with particular reference to the evolution of the principles of self-determination and its impact upon the law relating to territory.

Title to Territory

Title to Territory
Author: Malcolm Nathan Shaw
Publisher: Routledge
Total Pages: 0
Release: 2005
Genre: Boundaries
ISBN: 9781840144635

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.

Indigenous Peoples, Title to Territory, Rights and Resources

Indigenous Peoples, Title to Territory, Rights and Resources
Author: Cathal M. Doyle
Publisher: Routledge
Total Pages: 417
Release: 2014-11-20
Genre: Law
ISBN: 1317703170

The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.

Law, Territory and Conflict Resolution

Law, Territory and Conflict Resolution
Author: Matteo Nicolini
Publisher: BRILL
Total Pages: 391
Release: 2016-05-02
Genre: Law
ISBN: 9004311297

Prompted by the de facto secession of Crimea in early 2014, Law, Territory and Conflict Resolution explores the role of law in territorial disputes, and therefore sheds light on the legal ‘realities’ in territorial conflicts. Seventeen scholars with backgrounds in comparative constitutional law and international law critically reflect on the well-established assumption that law is ‘part of the solution’ in territorial conflicts and ask whether the law cannot equally be ‘part of the problem’. The volume examines theory, practice, legislation and jurisprudence from various case studies, thus offering further insights on the following complex issue: can law act as an effective instrument for the governance of territorial disputes and conflicts?

The Transformation of Occupied Territory in International Law

The Transformation of Occupied Territory in International Law
Author: Andrea Carcano
Publisher: BRILL
Total Pages: 569
Release: 2015-09-29
Genre: Law
ISBN: 9004227881

This volume discusses the practice of transformative military occupation from the perspective of public international law through the prism of the occupation of Iraq and other cases of historical significance. It seeks to assess how international law should respond to measures undertaken in the pursuit of a given transformative project, whether or not supported by the Security Council. A monographic study tackling the bulk of the international law issues that emerge during and as a result of a transformative occupation, based on a comprehensive analysis of historical cases, applicable norms, and relevant facts. "With this thorough and thought provoking study, Andrea Carcano has put us all in his debt." From the foreword by Georges Abi-Saab, Emeritus Professor, Graduate Institute of International Studies and Development.

Philippine Materials in International Law

Philippine Materials in International Law
Author: Raul C Pangalangan
Publisher: BRILL
Total Pages: 509
Release: 2021-11-15
Genre: Law
ISBN: 9004469729

The most authoritative international law documents in Philippine history are brought together in one book for the first time. These are primary materials that illuminate Philippine interpretations of international law doctrine.