is added to your Approved Personal Document E-mail List under your Personal Document Settings Land, Island and Maritime Frontier Dispute (El Salvador/Honduras: Nicaragua Intervening) (Judgment) [1992] ICJ Rep 351. From the end of the 16th till the 19th century, companies formed by individuals and engaged in economic pursuits (Chartered Companies), were invested by the State to whom they were subject with public powers for the acquisition and administration of colonies (at 858). Well-known UN Security Council resolutions refer to acquisition of territory in this manner, notably Resolution 242 (1967). International Court of Justice The principal judicial organ of the United Nations is the International Court of Justice (ICJ). The history of colonization reveals that there was a consistent practice of colonial powers entering into treaties with local chiefs for various purposes, including in order to transfer the latters territories to colonial powers. In Land and Maritime Boundary between Cameroon and Nigeria, the latter invoked historical consolidation of title in order to claim sovereignty over the Bakassi Peninsula. silence may also speak, but only if the conduct of the other State calls for a response. G Zimmer Gewaltsame territoriale Vernderungen und ihre vlkerrechtliche Legitimation (Duncker&Humblot Berlin 1971). Select your institution from the list provided, which will take you to your institution's website to sign in. Sovereignty over Certain Frontier Land (Belgium/ The Netherlands) (Judgment) [1959] ICJ Rep 209. Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea (Nicaragua v Honduras) [2007] ICJ Rep 659. Frontier Dispute (Burkina Faso/Niger) [2013] ICJ Rep 44. By virtue of the application of the rules of intertemporal law, colonial titles can no longer be maintained as they are at variance with the right of self-determination. The institutional subscription may not cover the content that you are trying to access. However, the maintenance of sovereignty must conform to the present legal situation. 54 In practice, facts occurring after the critical date will not be taken into account to determine the existence of a title of sovereignty. [t]he title alleged by the United States of America as constituting the immediate foundation of its claim is that of cession, brought about by the Treaty of Paris, which cession transferred all rights of sovereignty which Spain may have possessed in the region indicated in Article III of the said Treaty and therefore also those concerning the Island of Palmas (or Miangas). Croatia and Bosnia and Herzegovina were also recognized as new states by much of the international community in 1992, though at the time neither was able to exercise any effective control over significant parts of its territory. P de Lapradelle La frontire: Etude de droit international (Editions internationales Paris 1928). JA Barberis Les liens juridiques entre lEtat et son territoire: Perspectives thoriques et volution du droit international (1999) 55 AFDI 13247. The North Carolina controversy arose after the state Supreme Court struck down the state's 2022 congressional map as an illegal partisan gerrymander, replacing it with court-drawn maps that . When there is no title of sovereignty over a territory, or that title cannot be determined by other means, effectivits can create a territorial title. Consequently, sovereignty acquired over a territory in conformity with the international legal system existing at the time of the acquisition can be superseded by the evolution of international law. The Court emphasized the fact that Nigeria had never had a lawful title of sovereignty over this territory. Jurisdiction permits State for sovereign autonomy which they pass on with the worldwide arrangement of equivalent States expressing the laws . It considers that the conditions cited by Namibia itself are not satisfied in this case and that Namibias argument on acquisitive prescription therefore cannot be accepted (para. N Hill Claims to Territory in International Law and Relations (OUP London 1945). Temple of Preah Vihear (Cambodia v Thailand) (Merits) [1962] ICJ Rep 6. TO Elias The Doctrine of Intertemporal Law (1980) 74 AJIL 285307. MG Kohen Linfluence du temps sur les rglements territoriaux in Socit Franaise pour le Droit International Le droit international et le temps (Pedone Paris 2001) 12957. If you see Sign in through society site in the sign in pane within a journal: If you do not have a society account or have forgotten your username or password, please contact your society. Territorial integrity is the principle under international law that gives the right to sovereign states to defend their borders and all territory in them of another state. The State that is alleged to have acquiesced should have direct or constructive knowledge of the acts accomplished by the State claiming to have acquired sovereignty through acquiescence. Chamizal Case (United States of America/Mexico) (1911) 11 RIAA 316. Choose this option to get remote access when outside your institution. AG Lpez Martn El territorio estatal en discusin: La prueba del ttulo (McGraw-Hill Madrid 1999). 46 The principle of self-determination produces two major effects as far as territorial sovereignty is concerned. UNGA Res 390 (V) Eritrea: Report of the United Nations Commission for Eritrea; Report of the Interim Committee of the General Assembly on the Report of the United Nations Commission for Eritrea (2 December 1950) GAOR 5th Session Supp 20, 20. Find out more about saving content to Dropbox. The workload of the International Court of Justice in recent years has increasingly featured cases of disputes classified either as 'territorial disputes' or as 'boundary disputes', or otherwise involving the Court in considerations of the law relating to acquisition or transmission of territory, or to the creation, location and effect of territorial frontiers. As such, both can be influenced by other rules and principles of international law which are relevant to this field. L Henry Mutations territoriales en Asie centrale et orientale (Documentation Franaise Paris 2008). (See also Sovereignty over Pedra Branca/Pulau Batu Puteh para. See below. M Hbi Souverainet territoriale par trait: une tude des accords entre puissances coloniales et entits politiques locales (PUF Paris 2015). M Kamto Le matriau cartographique dans les contentieux frontaliers et territoriaux in E Yakpo and T Boumedra (eds) Liber amicorum Judge Mohammed Bedjaoui (Kluwer The Hague 1999) 37198. MG Kohen and M Hbi (eds) Research Handbook on Territorial Disputes in International Law (Elgar Cheltenham 2018). The European Community (ultimately succeeded by the EU), for example, issued declarations in 1991 on the new states that were then forming in eastern Europe, the former Soviet Union, and Yugoslavia that required, inter alia, respect for minority rights, the inviolability of frontiers, and commitments to disarmament and nuclear nonproliferation. Following successful sign in, you will be returned to Oxford Academic. "coreDisableEcommerce": false, A territorial dispute is a disagreement between two or more States about which State exercises sovereignty over a certain part of territory. The effectivits can then play an essential role in showing how the title is interpreted in practice (at para. In a further step it discusses the limits of territorial pro-tection (IV.) The acquisition of territory by a state, or territorial sovereignty, by an existing state and member of the international community over another state is more accurately referred to as territorial acquisition. @free.kindle.com emails are free but can only be saved to your device when it is connected to wi-fi. 68; Frontier Dispute [Benin/Niger] para. Certain territorial disputes concern the entirety of the territory of a State thus resulting in a challenge to that State's existence. The impact of effectivits in disputes will depend on a number of different factors. 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