Overview

Statehood, territory and international spaces are at the heart of a specific branch of international law: the international law of territory. International territorial disputes and their settlement are investigated from the standpoint of legal titles: acquisition and loss of territorial sovereignty, use of force (annexation, conquest), the right of peoples to self-determination (and secession), ius cogens norms etc. The existence, among others, of de facto states, puppet states, ‘drowning’ and ‘failed’ States shows the Protean character of statehood. Peculiar territorial regimes are likewise examined: international administration, leases, servitudes, protectorates, international cities and territories, as well as the League of Nations Mandates and the United Nations Trusteeship system.

Full Product Details

Author:   Giovanni Distefano
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   53
Weight:   0.001kg
ISBN:  

9789004708587

ISBN 10:   9004708588
Pages:   372
Publication Date:   31 October 2024
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Forthcoming
Availability:   Not yet available  
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Table of Contents

Abbreviations Introduction  Introductory Note to this Edition Prolegomena: State, Sovereignty and Space A State: The Monad of Contemporary Public International Law B Territory i The Different Components and the Characteristics of State Territory ii The Legal Relationship between State and Territory: a Sampling of Theories on Territorial Sovereignty iii State Succession and Territorial Changes Part 1 The Technique Creation, Extinction and Modification of Title of Territorial Sovereignty 1 The Concept of Legal Title A The So-Called “Modes of Acquisition” of Title to Territory B Towards a New Articulation of the Concept of Title to Territorial Sovereignty C Strength or Relative Weight of Territorial Title: the ‘Gradations’ of Legal Title 2 Acquisition and Loss of Title of Territorial Sovereignty by Conventional Juridical Act: The Territorial Treaty and Its Specificities A The Principle of Stability and Permanence of Borders B Nemo plus iuris ad alium transferre quam ipse haberet C The Principle of the Relative Effect of Treaties D Agreements with ‘Native Rulers’ E The ‘Plebiscite’ as a Condition for the Validity of Territorial Change 3 Acquisition and Loss of of the Title of Territorial Sovereignty by Juridical Fact A Acquiescence B Estoppel C Tacit Agreement i Tacit Agreement Modifying or Terminating Territorial Treaties ii Tacit Agreement as an Autonomous Source of Territorial Titles D Historical Consolidation of Territorial Titles or the “Complex Juridical Fact” i The Concept and Its Genesis ii Its Tormented Jurisprudential Life 4 The (Presumptive) Dilemma between Formal Legal Title and Effectiveness A The Effective Occupation of terra nullius B The Paradigms of the Antinomy Legal Title (titulus) / Effectiveness (modus) i Immemorial Possession ii Disputed Possession iii Usucapion in International Law: a Highly Controversial Concept Part 2 Territorial Polemology Territorial Titles in Light of Anomalous, Deviant and Borderline Situations 5 Title of Territorial Sovereignty and the Threat or Use of Force A Conquest, Forcible Annexation, debellatio B Illegal Territorial Situations i Recognition and “Adjudication” of Territories before 1945 ii The Invalidation of Illegal Territorial Situations and the “Adjudication” of Territories under the UN Charter (After 1945) iii The Principle of the Inadmissibility of the Acquisition of Territory by Force and the Obligation of Non-recognition 6 The Title of Territorial Sovereignty and the Principle of the Right of Peoples to Self-determination A As a Basis for the Title of Territorial Sovereignty i The Genesis of the Principle ii Strengthening of the Principle and Extension of Its Scope of Application iii The Institutional Dimension: Who Makes the Determination? iv The Presumptive Contradiction with the Principle of uti Possidetis B Distinguished from Secession i Successful Violent Secessions and the Birth of New Independent States: The Exception ii Unsuccessful Violent Secessions: the Rule iii Two (Currently) Controversial Cases: Kosovo and Crimea C A (Truly) Sui-generis Case: Palestine (1998–2012–Present Day) 7 The State in All Its States A Puppet States B De facto States C Failed or “Failing” States D Drowning States: Looming Deterritorialisation of Sovereignty? Part 3 Territorial Irenicism Specific Territorial Situations and Regimes 8 The Pertinacious Sovereignty: Traditional Territorial Regimes A Divorce between ius nudum and exercitium iuris, as well as between Sovereignty and Ownership i Divorce between Sovereignty and Its Exercise ii Sovereignty and Ownership Rights B Servitudes in International Law (Article 12 (1) vcss 1978) C Objective Territorial Régimes (Article 12 (2) vcss 1978) D Condominium and Coimperium E Spheres of Influence F Peaceful Occupation G International Protectorates i Notion ii Forms iii Some Specific Features H Neutralised or Demilitarised Territories i Demilitarisation of Territories ii Neutralisation of States or Parts of their Territories 9 The Deterritorialisation of Space: Indirect and Direct International Administrations A The League of Nations Mandate System i Origins, Concepts and Purposes ii Typology of Mandates and Supervisory System iii Travaux Préparatoires iv The Juridical Context v International and Municipal Case Law B Trusteeship System of the United Nations i The Succession of Mandates within the United Nations International Trusteeship Administration ii Affinities and Differences with the International Trusteeship Administration Established by the UN Charter iii The Legacy of the Mandate System in the UN Trusteeship Administration C International Cities and Territories i The Free City of Danzig ii The Tangier International Zone iii The Memel Territory 10 The Direct International Administration of Territories A Within the League of Nations i The Saar Territory Governing Commission and Its Sequel after wwii ii The Leticia Administration Commission (1933–1934) B Direct International Administration by the UN: a Very Brief Sampling  Index

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Author Information

Giovanni Distefano, Ph.D. (2000, Geneva), is Professor of Public International Law at the University of Neuchâtel and at the Academy of International Humanitarian Law and Human Rights (Geneva). He has published and edited books, including Fundamentals of Public International Law (Brill, 2019) and International Law and the Use of Force: Enchaining Ares (Brill, 2024).

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