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...

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Main Author: Tubić Bojan N.
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
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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
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