Resolution of territorial disputes in international law
Territorial disputes in international law are resolved by peaceful means, like negotiations, mediation, conciliation, arbitration and in the procedure at the International Court of Justice. Borders between states are, in practice, determined on the basis of the uti possidetis iuris principle and pri...
Main Author: | |
---|---|
Format: | Article |
Language: | English |
Published: |
University of Novi Sad, Faculty of Law
2015-01-01
|
Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
Subjects: | |
Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2015/0550-21791504861T.pdf |
id |
doaj-2573cbbae55745c58997757ee9933f64 |
---|---|
record_format |
Article |
spelling |
doaj-2573cbbae55745c58997757ee9933f642020-11-24T22:33:26ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552015-01-014941861187510.5937/zrpfns49-99100550-21791504861TResolution of territorial disputes in international lawTubić Bojan N.0University of Novi Sad, Faculty of Law, Novi Sad, SerbiaTerritorial disputes in international law are resolved by peaceful means, like negotiations, mediation, conciliation, arbitration and in the procedure at the International Court of Justice. Borders between states are, in practice, determined on the basis of the uti possidetis iuris principle and principle of effective control. Historical arguments for territorial acquisition are not generally accepted, because changes of borders have to be a result of democratically expressed will of states. Also, the right of people for self-determination was used in the process of decolonization for creating new states but it has emerged in later years like in the case of East Timor, as a legal title for gaining independence. Apart from the process of decolonization, the right to self-determination is rather unclear and disputable regarding its scope and content. Traditional modes of territorial acquisition still have decisive role in international law. Almost all states rely on them in order to substantiate their claims for possession of certain territories. Therefore, international courts and arbitrations cannot ignore them.http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2015/0550-21791504861T.pdfterritorial disputesright to self-determinationInternational Court of Justice |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Tubić Bojan N. |
spellingShingle |
Tubić Bojan N. Resolution of territorial disputes in international law Zbornik Radova: Pravni Fakultet u Novom Sadu territorial disputes right to self-determination International Court of Justice |
author_facet |
Tubić Bojan N. |
author_sort |
Tubić Bojan N. |
title |
Resolution of territorial disputes in international law |
title_short |
Resolution of territorial disputes in international law |
title_full |
Resolution of territorial disputes in international law |
title_fullStr |
Resolution of territorial disputes in international law |
title_full_unstemmed |
Resolution of territorial disputes in international law |
title_sort |
resolution of territorial disputes in international law |
publisher |
University of Novi Sad, Faculty of Law |
series |
Zbornik Radova: Pravni Fakultet u Novom Sadu |
issn |
0550-2179 2406-1255 |
publishDate |
2015-01-01 |
description |
Territorial disputes in international law are resolved by peaceful means, like negotiations, mediation, conciliation, arbitration and in the procedure at the International Court of Justice. Borders between states are, in practice, determined on the basis of the uti possidetis iuris principle and principle of effective control. Historical arguments for territorial acquisition are not generally accepted, because changes of borders have to be a result of democratically expressed will of states. Also, the right of people for self-determination was used in the process of decolonization for creating new states but it has emerged in later years like in the case of East Timor, as a legal title for gaining independence. Apart from the process of decolonization, the right to self-determination is rather unclear and disputable regarding its scope and content. Traditional modes of territorial acquisition still have decisive role in international law. Almost all states rely on them in order to substantiate their claims for possession of certain territories. Therefore, international courts and arbitrations cannot ignore them. |
topic |
territorial disputes right to self-determination International Court of Justice |
url |
http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2015/0550-21791504861T.pdf |
work_keys_str_mv |
AT tubicbojann resolutionofterritorialdisputesininternationallaw |
_version_ |
1725731045654921216 |