Table of Contents: Territorial Acquisition, Disputes and International Law.

Territorial Acquisition, Disputes and International Law.

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Bibliographic Details
Superior document:	Developments in International Law Series ; v.26
:	Sharma, Surya P.
Place / Publishing House:	Boston : : BRILL,, 1997. ©1997.
Year of Publication:	1997
Edition:	1st ed.
Language:	English
Series:	Developments in International Law Series
Physical Description:	1 online resource (374 pages)
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Table of Contents:

Intro
Title Page
Copyright Page
Preface
Table of Contents
Chapter I: Introduction
1. Contemporary Importance of International Territorial Disputes
A. The Post-Cold War Setting
B. Territory, Territorial Sovereignty, and International Law
C. The Old (Westphalian) and New (Post-War) Pattern in the International Legal Order
(i) Westphalian Model
(ii) New Changes - Emergence of a New Model
(iii) Predominance of the Traditional Model
D. The Parallel Existence of the Old and New Models - the Question of Primacy
E. Impact on the World Territorial Order
2. Distinction between a Boundary Dispute and a Territorial Dispute
A. The Identification of the Issue
B. There is a Realistic Distinction between the Two Categories of Disputes - Reasons
C. Support of Scholarly Opinion
D. No Absolute Dichotomy - the Two Categories are Interdependent
E. Interdependence does not mean Automatic Conversion
F. Conclusion
3. The Traditional Classification of Territorial Disputes - Legal and Political
Chapter II: The Traditional Modalities of Acquisition of Territorial Sovereignty
1. Introduction
2. Discovery
A. Scholarly Opinion
B. Judicial Opinion
C. Appraisal
D. Conclusion
3. Symbolic Activities
A. Meaning and Forms
B. Past Practices
C. Scholarly Opinion
D. Judicial Opinion
E. Appraisal and Conclusion
4. Contiguity
A. Nature and Basis of Claims in the Past and Present
B. Status of the Principle - Law and Policy
(i) Scholarly Opinion
(ii) Judicial Opinion
C. General Appraisal
D. Conclusion
E. Status of Islands Situated in the Maritime Zones of a Coastal State
5. Occupation
A. Introduction
(i) Origin and Essential Elements of Occupation
(ii) Contemporary Importance
B. Criteria of Effective Occupation - a Complex Process.
(i) Introduction
(ii) Scholarly Controversy over the Scope of the Criteria of Effective Occupation
C. Historic Practices of Effective Occupation
(i) North and South American Continents
(ii) African Continent
(iii) Polar Regions
D. Judicial and Arbitral Decisions on the Criteria
(i) The Island of Palmas Case
(ii) The Eastern Greenland Case
(iii) The Clipperton Island Case
(iv) The Minquiers and Ecrehos Case
(v) The Rann of Kutch Case
(vi) Other Cases
(vii) Cases Involving Uti Possidetis - Relevance
E. Appraisal of Cases
(i) Shift in the Meaning of the Concept of Effective Occupation since 1885
(ii) The Scope of the Concept of Intertemporal Law
(iii) The Concurrent Development of the Concept Of Sovereignty - Implications
(iv) Flexible Criteria of Display of Sovereignty or Effective Occupation
(a) Peaceful
(b) Actual
(c) Sufficient
(d) Continuous
(v) Critical Review of the Earlier Cases by Scholars
6. Prescription
A. Meaning and Policy
B. Requirements and Classification of Prescription
C. Validity under International Law of the Concept of Prescription
7. Occupation and Prescription: Differences and Similarities
A. Differences
B. Common Requirements of Conditions
C. Special Emphasis on the Conduct of the Parties and Attitude of Interested States
8. Uti Possidetis Juris
A. Meaning and Scope
B. Efficacy of the Principle in International Law and the Transplantation of the Doctrine from Latin America to Africa and Newly Independent States
C. Relationship between Uti Possidetis and Legal Titles on which the Implementation of the Principle is Based - Review of Cases
(i) The Frontier Dispute Case
(ii) Other Cases
(iii) The Land, Islands and Maritime Frontier Case
(iv) The Rationale of the Case
9. Equity
A. The Issue.
B. The Meaning, Function and Contents Of Equity
C. Status of Equity in International Law and its Applicability as the Legal Criterion
D. Judicial Cases on Boundary/Territorial Disputes
(i) The Frontier Dispute Case
(ii) The Land, Islands, and Maritime Frontier Dispute Case
(iii) The Rann of Kutch Case
E. Conclusion
10. Cession
A. Meaning and Essentials of Cession
B. Classification
C. Typical Issues concerning the Modality of Cession
D. Cession by Native Peoples in Asia and Africa during the Colonial Period
11. Accretion
12. Conquest
A. Introduction (Traditional Status, Ingredients and Classification of Conquest)
B. Validity of Title Acquired Through Conquest in Modern Times
(i) Various Schools of Thought
(ii) Majority View
(iii) Assessment of Contemporary Prescriptions Prohibiting Territorial Acquisition by the Illegal Use of Force
C. The Principle of Non-Recognition
(i) Introduction
(ii) The Origin and Development - Collective Non-Recognition
(iii) Practice of Individual States Regarding Non-Recognition
(iv) Non-Recognition as a Sanction
(v) Conclusion
D. Effect of Non-Recognition on the Territorial Acquisition
E. Appraisal
Chapter IIΙ: The Review of the Traditional Modalities
1. The Traditional Law and Interests of Colonial Powers
2. The Modern Context
3. The Emergence of a New Trend of Reforming the Traditional Doctrines
A. Response of Scholars - Identification of Omissions and Conceptual Anomalies in Traditional Modes
(i) Omission of "The Emergence of the New State" and the Principle of "Self-Determination"
(ii) Ambiguity Surrounding the Concept of Prescription
(iii) Confusion about the Operation of the Two Modalities, namely, "Occupation" and "Prescription"
(iv) Absence of Distinction between "Occupation" and "Historic Title".
B. The Attitude of Courts and Tribunals
4. New Approaches or Theories
A. The Historic Consolidation Theory
B. The Multiple Considerations Theory
C. The Territorial Effectiveness Theory
5. Conclusion
Chapter IV: The Framework of the Contemporary Process of Acquisition of Territory
1. Introduction
2. Major Features of Contemporary Process of Territorial Acquisition
3. Sources of the Law of Territorial Acquisition
A. General Prescriptions
B. More Specific Criteria and their Sources
C. Criteria Applied by International Tribunals
(i) The Award of Territory on the Basis of Probative Force of Administrative, Social, Geographical, Historical and Cultural Links to the Disputed Territory
(a) Possession and Administration
(b) Affiliations of the Inhabitants of the Disputed Territory
(c) Geographical, Economic, Historical and Other Considerations
(ii) Technical Doctrines: Recognition, Acquiescence and Preclusion (or Estoppel)
D. Summation
4. Self-Determination and its Many Forms
A. Introduction
B. Development of the Principle of Self-Determination in its Expanded Meaning
C. Various Forms of Self-Determination and their Juridical Legitimacy
(i) Freedom from Colonial Domination
(a) Current Status
(b) The Issue of Territorial Integrity v. Self-Determination
(ii) The Right of Secession
(iii) Dissolution of States and Formation of New Ones
(iv) Rights of Minorities without Sovereignty Connotation
(v) Rights of Indigenous Peoples with Territorial Implications
(vi) The Right to Democratic Governance
(a) The Right to Democracy
(b) The Right of Group Participation in Democratic Government
D. Conclusion
5. Fundamentals and Advantages of the "Process" Approach
6. The Major Contemporary Territorial Disputes - Claims and Legal Perspectives
A. Introduction.
(i) Factors Giving Rise to Territorial Disputes
(ii) Incidence of Territorial Disputes
B. Specific Disputes Involving the Modalities of Discovery, Symbolic Annexation and Contiguity
(i) Discovery
(ii) Symbolic Annexation
(iii) Contiguity
(iv) Conclusion
C. Specific Disputes involving the Modality of Historic Possession (Competing Claims about Historic Title and Exercise of Territorial Sovereignty)
(i) Introduction
(ii) Specific Disputes
(iii) Conclusion
D. Disputes involving Claims in regard to the Implicit Conduct of the Parties - Invocation of the Technical Doctrines such as Recognition, Acquiescence, Preclusion or Estoppel
(i) Introduction
(ii) Specific Disputes
(iii) Conclusion
E. Specific Disputes Involving the Principle of Self-Determination
(i) Self-Determination v. Territorial Integrity
(a) Specific Disputes
(b) Conclusion
(ii) Disputes involving Claims of Group Identification
(a) Specific Disputes
(b) Conclusion
F. Specific Disputes Involving the Modality of Cession
G. Specific Disputes Involving the Modality of Accretion
H. Specific Disputes Involving the Modality of Conquest
Chapter V: The General Appraisal
Index.

Territorial Acquisition, Disputes and International Law.

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