92 results on '"uti possidetis"'
Search Results
2. Genocide in Kashmir: Right of Self-Determination, UNSC Resolutions and Holding India To Account Under International Humanitarian Law
- Author
-
Zia Akthar
- Subjects
instrument of accession ,article 370 ,uti possidetis ,self-determination ,un chapter vi ,Law - Abstract
Kashmir has been a flashpoint of conflict since independence from British rule in 1947 and the partition of India into two states. These two countries, India, and Pakistan, have both claimed the land on the northern most sector of the Subcontinent the focal point of which is the Valley of Kashmir. The conflict is not a domestic dispute or a regional issue between the two protagonists but engages international law because of the human rights violations and the atrocities committed that has engaged international humanitarian law. The occupation by India of Kashmir was controversial from the start as it went against the aspirations of the population who had close affinity and kinship with Pakistan. The United Nations Security Council mandated a referendum to decide the future of the territory divided by a Line of Control, a military boundary, but India has refused to implement the resolutions. The Indian army has cracked down on the population under the Special Powers Act 1958 and various other opaque ordinances that oppress the population. The final act in this de facto occupation was transformed into de jure control by the Indian Parliament when it revoked Article 370 and Article 35 of the Constitution and annexed Kashmir. The Valley has been placed under lockdown and the population disfranchised with all political activity banned and demographic changes underway by a government appointed by India. The pogroms committed by the Security forces and the gross abuses of human rights have been catalogued in two UN Human Rights Council reports that implicate the Indian forces. The argument of this paper is that there should be rigorous application of international law and war crimes tribunals should be invested to prosecute the Indian officials for breaches of human rights established in the conduct of non-international conflicts (NIC).
- Published
- 2023
- Full Text
- View/download PDF
3. Tratado de Madri de 1750 e sociedade de Cortes: elementos de um legado colonial jurídico internacional no Brasil independente.
- Author
-
Capella Giannattasio, Arthur Roberto
- Subjects
- *
INTERNATIONAL organization , *POLITICAL refugees , *INTERNATIONAL relations , *LIBERTY , *QUALITATIVE research , *PROTECTION of cultural property - Abstract
Seeking asylum presents itself as a surviving strategy to a part of the Legal tradition recognizes the Madrid Treaty (1750) as (i) the result of the personal genius of the Portuguese-American diplomat Alexandre de Gusmão, and (ii) a fruitless document aimed only at resolving territorial conflicts between Iberian crowns. Without ignoring this reading, a qualitative research based on primary and secondary sources and guided by the notion of Court society allows us to glimpse a deeper structural sense: to replicate and maintain characters of an international order marked by the parameters of a corpus politicum mysticum. We argue that (i) recognizing such elements provides Brazilian legal historiography additional nuances in the assessment of ruptures and continuities between Portuguese America and Independent Brazil, since (ii) the Treaty of Madrid (1750) incorporates traditions that would mark Brazilian foreign policy after its political emancipation. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
4. Challenges in Applying Colonial Boundary Treaties to the Resolution of the Djibouti–Eritrea Border Dispute.
- Author
-
Zerom, Lydia M, Berhe, Isaias T, and Andemariam, Senai W
- Subjects
- *
BOUNDARY disputes , *SOVEREIGNTY , *MEDIATION , *INTERNATIONAL law , *JURISDICTION - Abstract
Djibouti and Eritrea have been in conflict since June 2008 when their troops fought along the Djibouti–Eritrea border. The conflict revolves around the location of the border and sovereignty over the strategically located Doumeira Islands and adjacent reefs. In 2010 Qatar brokered a mediation agreement and began to implement it, but withdrew in 2017 without notifying Eritrea and without providing reasons to either country. The dispute raises a number of international law issues. This article focuses on the validity and application of three relevant colonial treaties (from 1900, 1901 and 1935) that defined the boundary, one of which (the 1935 Treaty) did not enter into force. Issues relevant to the determination of the borderline and sovereignty over the disputed islands and the unique challenges that may arise are discussed in light of the colonial treaties, relevant International Court of Justice jurisprudence and other international law principles, particularly uti possidetis juris. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
5. Law and Politics in the Ethiopian-Eritrean Border Dispute, 2002–2019
- Author
-
Abbink, Jon, de Guttry, Andrea, editor, Post, Harry H. G., editor, and Venturini, Gabriella, editor
- Published
- 2021
- Full Text
- View/download PDF
6. O uti possidetis como contribuição latinoamericana ao direito internacional.
- Author
-
Pascotto Palermo, Marcos and Dal Molin Flores, Alfredo de Jesus
- Subjects
INTERNATIONAL law ,LATIN American history - Abstract
Copyright of Revista de Direito Internacional is the property of Revista de Direito Internacional and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
- Full Text
- View/download PDF
7. Portuguese America under Foreign Threat and the Creation of the Concept of uti possidetis in the First half of the 18th Century
- Author
-
Junia Ferreira Furtado
- Subjects
uti possidetis ,diplomacia ,brasil ,tratado de madrid ,luís da cunha ,History (General) and history of Europe ,History (General) ,D1-2009 ,Modern history, 1453- ,D204-475 - Abstract
The aim of this article is to discuss the relationship between invasions, cartography, and possessory law in the context of diplomatic relations between Portugal and Spain in the first half of the eighteenth century, in South America territories. The Castilian siege of Colônia do Sacramento and the French invasion of Fernando de Noronha island (1736 and 1737), awoke in the Portuguese ambassador D. Luís da Cunha the need to change the foundation on which the frontiers of Brazil were negotiated. He began to use the concept of uti possidetis as a strategy, which would become the directive for the diplomatic negotiations in the 1750 Treaty of Madrid. Despite its acceptance as a resource to demarcate frontiers, uti possidetis created various controversies at the moment of the demarcation of the territories and the Treaty was annulled by the Treaty of El Pardo (1761), when the legal frontiers returned to their previous positions.
- Published
- 2021
- Full Text
- View/download PDF
8. Risking Border Instability: the Russian-Estonian Case
- Author
-
P. Jolicoeur and F. Labarre
- Subjects
uti possidetis ,crimea ,ukraine ,estonia ,constitution of the soviet union ,tartu peace treaty ,International relations ,JZ2-6530 - Abstract
In international relations, the last three decades have been marked by national and institutional fragmentation. The fate of Yugoslavia and the Soviet Union, and the regrettable way that events played out (especially in the former case), could befall other federative entities as well. Canada and Belgium come to mind, as do countries like Spain, all of which effectively function as federations. However, while federations usually have dispute settlement and mechanisms for secession embedded in their constitutions, sub-constitutive territories are often excluded from such considerations. What territories such as Kosovo, Sandjak, Abkhazia, South Ossetia, etc. have in common is that they share a desire for independence from their parent country. However, achiveing independence would present risks to the territorial integrity of other countries (what can be termed the domino principle), as well as risks to the endurance of flexible international law. The cases we have alluded to above culminated in the Crimean crisis. The problems between Estonia and the Russian Federation stem from the choice of precedent and founding text on which to base the former’s renewed independence. While Estonia was founded on the basis of the 1920 Tartu Peace Treaty that put an end to the country’s War of Independence, its experience as a Soviet Republic added another legislative filter in the form of the 1977 Constitution of the Soviet Union. However, the principle of uti possidetis had evolved to apply to more than cases of colonialism. Thus, when Estonia seceded from the USSR with the borders it had been since 1945, it was doing so under the principle of uti possidetis. The current dispute stems from the fact that the Estonian political elite seek to have the 1920 Tartu Peace Treaty recognized as the foundational document for the country’s renewed independence. Under the Treaty, Estonian sovereignty applied over a much larger territory. By insisting that any new border arrangement with Russia be based on that Treaty, Estonia is invalidating the principle of uti possidetis and the validity of the Constitution of the Soviet Union as a vehicle for independence. It implies a latent Article 5 situation between NATO and Russia, and threatens the legitimacy of other post-Soviet secessions.
- Published
- 2020
- Full Text
- View/download PDF
9. Spor o granicama između Hrvatske i Slovenije
- Author
-
Vladimir-Đuro Degan
- Subjects
jednostrani akti ,kopno dominira morem ,uti possidetis ,compétence de la compétence ,pravičnost ,ex aequo et bono ,unilateral acts ,equity ,vital interests ,land dominates sea ,Law - Abstract
1. Raspad Jugoslavije. 2. Izbijanje spora o granicama između Hrvatske i Slovenije. 3. Sporazum o arbitraži od 4. studenoga 2009. 4. Tijek postupka i jednostrano odustajanje Hrvatske od arbitraže. 5. Konačna presuda izrečena 29. lipnja 2017. godine: Kopnena granica; Piranski zaljev / Savudrijska vala; Pojam ‘’vitalnih interesa’’; Razgraničenje teritorijalnoga mora izvan Piranskoga zaljeva; Pitanje “veze Slovenije s otvorenim morem” (“junction”); Ostale odluke i zaključci Tribunala. 6. Kratak zaključak.
- Published
- 2019
- Full Text
- View/download PDF
10. PORTUGUESE AMERICA UNDER FOREIGN THREAT AND THE CREATION OF THE CONCEPT OF UTI POSSIDETIS IN THE FIRST HALF OF THE 18TH CENTURY.
- Author
-
Ferreira Furtado, Junia
- Abstract
Copyright of Espacio, Tiempo y Forma. Serie IV, Historia Moderna is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
- Full Text
- View/download PDF
11. GENERAL PRINCIPLES OF INTERNATIONAL LAW: PRINCIPLE OF UTI POSSIDETIS JURIS
- Author
-
Farhad Sabir MIRZAYEV
- Subjects
customary international law ,new norms of international law ,general principles of international law ,territorial and boundary disputes and conflicts ,uti possidetis ,international court of justice ,state practice ,Law of nations ,KZ2-6785 ,Comparative law. International uniform law ,K520-5582 - Abstract
INTRODUCTION. This paper considers the general principles of international law and focusing specifically on the principle of uti possidetis. The author argues that uti possidetis originating from Roman jus civile was transformed into a principle of interstate relations dealing with a transformation of former administrative borders into international boundaries of the newly independent states in Latin America in XX century. The principle’s further effective application in Africa and Asia contributed into uti possidetis’ formation as the principle of international law.MATERIALS AND METHODS. The materials for the article were the works of leading Russian and foreign researchers in the field of international law dedicated to general principles of international law and international customary law. The author referred to historical, comparative and theoretical methods in his analysis.RESEARCH RESULTS. It is argued that uti possidetis as the principle of international law has a primary concern with the state or territorial sovereignty. The paper analyses uti possidetis’ evolution from the regional principle into the general principle of international law. It also deals with the review of cases considered by the International Court of Justice and other international ad hoc tribunals as well as specialised authoritative opinions of specialised international commissions that played a vital role in affirming uti possidetis as one of the general principles of international law.DISCUSSION AND CONCLUSIONS. The author argues that uti possidetis is not similar to the principle of territorial integrity, and in contrast the former serves as auxiliary support to the latter one. The analysis refers to the most recent precedents with dissolution of the former communist federations that simply reconfirmed the importance of uti possidetis as the general principle of international law. It is concluded that the evolution of uti possidetis as the general principle of international law took place under influence of the state practice and application by international judicial bodies.
- Published
- 2018
- Full Text
- View/download PDF
12. Genocide in Kashmir: Right of Self-Determination, UNSC Resolutions and Holding India To Account Under International Humanitarian Law
- Author
-
Akthar, Zia, Akthar, Zia, Akthar, Zia, and Akthar, Zia
- Abstract
Kashmir has been a flashpoint of conflict since independence from British rule in 1947 and the partition of India into two states. These two countries, India, and Pakistan, have both claimed the land on the northern most sector of the Subcontinent the focal point of which is the Valley of Kashmir. The conflict is not a domestic dispute or a regional issue between the two protagonists but engages international law because of the human rights violations and the atrocities committed that has engaged international humanitarian law. The occupation by India of Kashmir was controversial from the start as it went against the aspirations of the population who had close affinity and kinship with Pakistan. The United Nations Security Council mandated a referendum to decide the future of the territory divided by a Line of Control, a military boundary, but India has refused to implement the resolutions. The Indian army has cracked down on the population under the Special Powers Act 1958 and various other opaque ordinances that oppress the population. The final act in this de facto occupation was transformed into de jure control by the Indian Parliament when it revoked Article 370 and Article 35 of the Constitution and annexed Kashmir. The Valley has been placed under lockdown and the population disfranchised with all political activity banned and demographic changes underway by a government appointed by India. The pogroms committed by the Security forces and the gross abuses of human rights have been catalogued in two UN Human Rights Council reports that implicate the Indian forces. The argument of this paper is that there should be rigorous application of international law and war crimes tribunals should be invested to prosecute the Indian officials for breaches of human rights established in the conduct of non-international conflicts (NIC).
- Published
- 2023
13. Self-Determination and Territorial Integrity: Southern Cameroons and the Republic of Cameroun.
- Author
-
Chiatoh, Valerie Muguoh
- Subjects
DEVELOPING countries ,INTEGRITY ,POLITICAL debates ,GROUP rights ,INTERNATIONAL law - Abstract
African states and institutions believe that the principle of territorial integrity is applicable to sub-state groups and limits their right to self-determination, contrary to international law. The Anglophone Problem in Cameroon has been an ever-present issue of social, political and economic debates in the country, albeit most times in undertones. This changed as the problem metamorphosed into an otherwise preventable devastating armed conflict with external self-determination having become very popular among the Anglophone People. This situation brings to light the drawbacks of irregular decolonisation, third world colonialism and especially the relationship between self-determination and territorial integrity in Africa. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
14. SPOR O GRANICAMA IZMEĐU HRVATSKE I SLOVENIJE.
- Author
-
DEGAN, VLADIMIR-ĐURO
- Abstract
The territorial dispute between the two States emerged on 7 April 1993, when Slovenian Parliament adopted the "Memorandum on the Bay of Piran". By this act, Slovenia claimed the right to all the waters of this small Bay as its internal waters, as well as its exit to the "high seas" at the expense of the parts of Croatian territorial sea. Later on, by enacting a Law in 2005, it alleged to possess the continental shelf, and proclaimed over it a protected ecological zone with fishing rights. Croatia repudiated all these claims as being opposite to the provisions of the 1982 UN Convention on the Law of the Sea, to which both States are parties. All these rules belong to the general customary international law too. Besides that, these claims and allegations go against the principle that "the Land dominates the Sea" as formulated and applied in the case law of international courts and tribunals on this subject matter. Slovenia abused its position as member of the European Union before Croatia by blocking the procedure of its entry into the EU membership. As condition for changing its negative attitude, it imposed Croatia's acceptance of all its territorial requirements. Further on, it qualified these claims as being in its "vital interests". The solution to this controversy was found in the Arbitration Agreement between the two Governments. It was signed on 4 November 2009 in Stockholm thanks to the facilities offered by the European Commission. The Agreement entered into force on 29 November 2010, and subsequently Slovenia lifted its reservations. During the arbitration procedure that followed, it was revealed that the Agent of Slovenia had unlawful contacts with other members of the Tribunal and its staff through Slovenian member of the Tribunal. However, with the exception of the Slovenian Arbitrator, who soon after this incident resigned, Croatia did not offer any proof of other members of the Tribunal having been compromised by the affair. Nevertheless, this event was the motive for Croatia to abandon the procedure. Since then, it has been considering that all decisions of the Tribunal, as well as its very existence, are nonexistent for it. After its formal excuse, Slovenia insisted on the continuation of the procedure. By its Partial Award of 30 June 2016, the Tribunal found that Slovenia violated the provisions of the Arbitration Agreement, but that the Agreement remained in force and the arbitral procedure should continue. The Tribunal rendered its Final Award on 29 June 2017 in the absence of Croatia. Hence, a new dispute aroused on the validity of the Final Award, but the territorial divergence between the parties is still waiting for a solution. In this paper, the author carefully analysed the subject dispute in all its phases, and especially the text of the Tribunal's Final Award. His assessments can be summarised in a triangle of the relations between Slovenia's claims, Croatia's defence of its rights, and the legal foundation of the Tribunal's verdict. There was some disrespect of rules and standards of international law by all its actors. By its insistence on territorial claims over a long period of time, Slovenia harmed Croatia's legal interests. Either Slovenia's decision makers believed that international law consisted only of the rules that are in favour of its national interests or they simply disregarded this set of legal norms. Consequently, the Final Judgment repudiated almost all of its claims. It did not recognise Slovenia's access to the "high seas" in the Adriatic Sea in the territorial sense at the expense of parts of Croatian territorial sea. It refused Slovenia's claim for the possession of the continental shelf, and it did not recognise Slovenia's rights on all the waters of the Bay of Piran up to Croatia's shore. Finally, the Tribunal confirmed the sovereignty of Croatia over Sveta Gera/Trdinov Vrh, which had been under the sway of Slovenia since its proclamation of independence in 1991. As regards the rest, the Tribunal's tracing of land boundaries and the delimitation of the territorial sea outside the Piran Bay may hardly be contested. Hence, with an important exception of the delimitation of the waters within the Piran Bay, Croatia might be considered the winner of this arbitral procedure. However, the Award only confirmed Croatia's rights it had before the subject dispute emerged on the basis of relevant rules of international law. In this light, it is somewhat unusual that exactly Croatia repudiates this Tribunal and its decisions. By such conduct, it disregards the procedural principle of compétence de la compétence, and underestimates the pacta sunt servanda rule in respect to the existence of the 2009 Arbitration Agreement. Most parts of the Arbitral Award itself belong to the peak of the case law relating to the land and sea delimitations. Unfortunately, the same may not be said for its part concerning the waters inside the Bay of Piran. In order to elude the principle of "equidistance/ special circumstances", which was successfully applied to the territorial sea beyond the subject Bay, the Tribunal made some stunts. It proclaimed the waters within the Bay to be internal waters even after the proclamation of independence of its two coastal States, with a fiction of their assimilation to the land territory. Thereby, it assimilated the Piran Bay to the lakes deprived of the connection with other seas. For the sake of its delimitation, it explicitly equalised the Bay with land territory. No precedent can justify this. On the other hand, it regulated in detail the freedoms of communications in the "Junction Area" outside of the Bay. The Tribunal produced all this in order to avoid applying the said principle of "equidistance/ special circumstances". Instead of respecting Croatia's entitlement proceeding from its coast, it delimited the Piran Bay waters on the basis of effectivités. Thereby, the Tribunal possibly aimed at reaching a balanced solution and justice in favour of Slovenia. However, this solution may not be justified by a few quotations from the judgments in the Gulf of Fonseca case. If the Tribunal had given importance to some special circumstances and allotted to Slovenia a little more waters than to Croatia, it would have been difficult to criticise this Award. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
15. The Application Uti Possidetis Principle in Africa
- Author
-
F. Mirzayev
- Subjects
uti possidetis ,principle of international law ,boundary and territorial disputes and conflicts in africa ,oau’s practice ,case of burkina faso v. mali ,Law of nations ,KZ2-6785 ,Comparative law. International uniform law ,K520-5582 - Abstract
Uti possidetis originating from Roman jus civile which later transformed into a principle of interstate relations dealing with a transformation of former administrative borders into international boundaries of the newly independent states in Latin America was also effectively applied upon decolonisation in Africa in XX century. This article considers the relevant state practice of the African states and the OAU’s position on application of uti possidetis principle. The article also analyses the Burkina Faso vs Mali case which is one of the substantial cases on application of uti possidetis pinciple.
- Published
- 2016
- Full Text
- View/download PDF
16. A relook at the principle of uti possidetis in the context of the Indo-Nepal border dispute
- Author
-
Kumar, Aman
- Published
- 2021
- Full Text
- View/download PDF
17. Critical Views on Principle of uti possidetis
- Author
-
Farhad Sabir Oglu Mirzayev
- Subjects
uti possidetis ,критика uti possidetis ,принцип международного права ,пограничные и территориальные споры и конфликты ,практика государств ,critics of uti possidetis ,principle of international law ,boundary and territorial disputes and conflicts ,state practice ,Law of nations ,KZ2-6785 ,Comparative law. International uniform law ,K520-5582 - Abstract
The paper deals with analysis of critical views on uti possidetis principle by various doctrines of international law. Four key arguments of critical approaches to uti possidetis principle are reviewed therein: (i) the principles’ conflict with self-determination; (ii) its limitation to decolonisation processes; (iii) its controversial nature due to existence of two forms, uti possidetis de jure and uti possidetis de facto and (iv) lack of grounds to be accepted as a norm of customary international law. The relevant counterarguments are produced against critical views on uti possidetis principle.
- Published
- 2015
- Full Text
- View/download PDF
18. THE GUAYANA ESEQUIBA CONFLICT: KEY HISTORICAL FRAMEWORKS AND LEGAL ISSUES.
- Author
-
NIKOLIĆ, Aleksa
- Subjects
INTERNATIONAL law ,SOVEREIGNTY ,POWER (Social sciences) - Abstract
Copyright of Review of International Affairs (04866096) is the property of Institute of International Politics & Economics and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2018
19. UTİ POSSİDETİS (MEVCUT SINIRLARIN KORUNMASI) İLKESİ ÜZERİNE BİR DEĞERLENDİRME
- Author
-
ÇAKIR, Tuğrul
- Subjects
Hukuk ,Uti Possidetis ,Uluslararası İstikrar ,Uluslararası Adalet Divanı ,Uygulanacak Hukuk ,Önemli Tarih ,Etkililik ,Law - Abstract
Uti Possidetis stems from Roman Private Law and was first applied in Latin America in the 19th century in the context of International Law. As a result of this implementation, the boundaries of the territorial units in the colonial period were upgraded to international boundaries of the newly independent States in Latin America. Then, the principle has been applied in Africa since 1960s. In 1986, the International Court of Justice Chamber applied the principle openly to the resolution of a dispute for the first time in the Frontier Dispute Case between Burkina Faso and Mali. However, the principle has also found application outside the decolonization context. For example, the principle was also applied to the dissolution of European States in the 1990s. As a starting point, the purpose of the principle is to secure stability of borders and to prevent wars. Undoubtedly, the importance given to stability in International Law is at a very high level. The issue that we will discuss in this study is to what extent this principle contributes to the formation of international stability. In order to do so, we think that it is appropriate to first examine the conceptual structure of the principle and then how it is applied by the International Court of Justice in the light of the main judicial decisions. Although the principle of uti possidetis is discussed in the Turkish International Law literature within the scope of the reviews of the International Court of Justice judgments, it has not constituted the subject of a study on its own. In this regard, the purpose of this study is to contribute to the Turkish International Law literature., Uti Possidetis Roma Özel Hukuku kaynaklı bir ilke olup uluslararası hukuk bağlamında ilk olarak 19. yüzyılda Latin Amerika’da uygulanmıştır. Bu uygulanmanın sonucu olarak sömürge dönemindeki iç birimlerin sınırları Latin Amerika’da yeni bağımsızlığını kazanan devletlerin uluslararası sınırları haline gelmiştir. Benzer şekilde, bu ilke 20. yüzyılda Afrika kıtasında başlayan sömürgecilikten kurtulma sürecinde de benimsenmiştir. 1986 yılında Uluslararası Adalet Divanı’nın Dairesi Burkina Faso ve Mali arasındaki Sınır Uyuşmazlığı davasında vermiş olduğu kararında ilkeyi ilk defa açık bir biçimde bir uyuşmazlığın çözümünde uygulamıştır. Bununla birlikte, ilke sadece dekolonizasyon sürecinde değil bu sürecin dışında da uygulama alanı bulmuştur. Örneğin, 1990’lı yıllarda Avrupa’da devletlerin dağılması sürecinde de bu ilkeye başvurulmuştur. Çıkış noktası itibarıyla, bu ilkeyle amaçlanan devletlerarası sınırlarda istikrarı sağlamak ve savaşların önüne geçmektir. Şüphesiz, uluslararası hukukta istikrara verilmiş olan önem çok üst düzeydedir. Bu çalışmada ele alacağımız mesele bu ilkenin hangi ölçüde uluslararası istikrarın oluşmasına katkı sağladığıdır. Bu bağlamda, öncelikle ilkenin kavramsal yapısını daha sonraki aşamada Uluslararası Adalet Divanı tarafından nasıl uygulandığını temel yargı kararları ışığında incelemenin yerinde olduğunu düşünüyoruz. Uti possidetis ilkesi Türkçe uluslararası hukuk literatüründe Uluslararası Adalet Divanı kararları incelemeleri kapsamında ele alınsa da başlı başına bir çalışmanın konusunu oluşturmamıştır. Bu çalışmayla amaçlanan Türkçe uluslararası hukuk literatürüne bu konuda katkı sağlamaktır.
- Published
- 2022
20. Historical Background of the Principle uti possidetis juris
- Author
-
Farhad Sabir Mirzayev
- Subjects
uti possidetis ,трансформация бывших админис- тративных линий разграничения в международные границы ,принцип международного права ,пограничные и территориальные споры и кон- фликты ,практика международных судебных инстанций ,transformation of former administrative borders into international boundaries ,principle of international law ,boundary and territorial disputes and confl icts ,the practice of international tribunals ,Law of nations ,KZ2-6785 ,Comparative law. International uniform law ,K520-5582 - Abstract
The foregoing analysis argues that uti possidetis ’ originates from jus civile of Roman Law. The principle’s main purpose in Roman Law was the preserving of the status quo and stability of property possession. From the rule of private Roman Law uti possidetis transformed into a principle of international law dealing with state or territorial sovereignty issues. Only in the 18-19th centuries it became a principle of interstate relations in Latin America and then in African and Asian continents. It is argued that the principle of uti possidetis juris is a specifi c mechanism and process of international law, which serves for the purposes of transferring the sovereignty from preceding sovereign to the new state.
- Published
- 2014
- Full Text
- View/download PDF
21. Status Hukum Papua Barat: The Right to Self-Determination atau National Integrity?
- Author
-
Retno Kusniati and Sehrenneta Bella Fiona
- Subjects
Human rights ,media_common.quotation_subject ,Territorial integrity ,Uti Possidetis ,Papua Barat ,Self-determination ,language.human_language ,Indonesian ,State (polity) ,Statutory law ,Political science ,Law ,language ,West Papua ,Normative ,Statue ,Hak menentukan nasib sendiri ,media_common - Abstract
West Papua as one of the regions in Indonesia that integrates with the New York Agreement between Indonesia and the Netherlands carries the right of self-determination in an effort to separate from Indonesia. This research discusses how the regulation of the right to self-determination as part of Human Rights and examines the basis of West Papua in carrying out the right to self-determination and declaring itself as a state. This type of research is normative, with statutory (statue) and historical approaches. This research concludes that the right to self-determination is part of human rights, while West Papua’s claim as part of the Indonesian State in demanding the right to self-determination is clashed with the Uti Possidetis Juris and Territorial Integrity. , Papua Barat sebagai salah satu wilayah di Indonesia yang berintegrasi dengan Persetujuan New York antara Indonesia dan Belanda mengusung hak menentukan nasib sendiri dalam upaya memisahkan diri dari Indonesia. Penelitian ini membahas bagaimana pengaturan hak menentukan nasib sendiri sebagai bagian dari Hak Asasi Manusia dan mengkaji dasar Papua Barat dalam mengusung hak menentukan nasib sendiri dan mendeklarasikan diri sebagai negara. Jenis Penelitian ini adalah yuridis normatif, dengan pendekatan perundang-undangan (statue approach) dan pendekatan sejarah (historical approach). Penelitian ini menunjukkan bahwa hak menentukan nasib sendiri merupakan bagian dari hak asasi manusia dan klaim Papua Barat sebagai bagian dari Negara Indonesia dalam menuntut hak menentukan nasib sendiri terbentur dengan Uti Possidetis Juris dan Territorial Integrity
- Published
- 2021
- Full Text
- View/download PDF
22. A relook at the principle of uti possidetis in the context of the Indo-Nepal border dispute
- Author
-
Aman Kumar
- Subjects
Sociology and Political Science ,International law ,Context (language use) ,Colonialism ,Article ,Indo-Nepal border ,Drawing of borders ,Uti possidetis ,Political science ,Law ,Colonial border ,Equity (law) - Abstract
The problems regarding borders are more pervasive among the postcolonial states. One of the reasons for this is that the borders of most of these postcolonial states were drawn by their colonisers who paid little to no regard to the local realities. This article is focused on one such colonial border, i.e., the one between India and Nepal. It will highlight the relation between the drawing of borders and colonialism. It will also discuss the complicit role of international law in maintaining these colonial borders, through a discussion of the principle of uti possidetis. The article will highlight the problems with the principle of uti possidetis. The aim is to assess the Indo-Nepal border dispute through the lens of the colonial principle of uti possidetis. The article offers a few suggestions regarding other international law principles which can be used instead of uti possidetis, the principle of equity being one of them. So far no work has been done on the Indo-Nepal border dispute from the perspective of the principle of uti possidetis. This article aims to fill that gap.
- Published
- 2021
- Full Text
- View/download PDF
23. Application of principle uti possidetis juris in the frontier dispute between Burkina Faso and Mali
- Author
-
Etinski Rodoljub
- Subjects
uti possidetis ,frontiers ,Law - Abstract
Decolonized States of Latin America accepted principle uti possitedis juris to escape disputes and armed conflicts. They agreed that frontiers, inherited from colonial time, are transformed by the principle uti possidetis juris in frontiers among new independent States. The Frontier dispute between Burkina Faso and Mali was the first case before the International Court of Justice resolved by application of that principle. The International Court of Justice found that the principle is of universal value and applicable to all cases of decolonization and acquiring independence. The Court explored relationship between the principle uti possidetis juris and other principles of international law - self-determination, equity and effectivité. It considered value of geographic maps in determination of colonial frontiers.
- Published
- 2013
- Full Text
- View/download PDF
24. Determination of land boundaries in the jurisprudence of the International Court of Justice
- Author
-
Tubić Bojan
- Subjects
the International Court of Justice ,boundaries ,territorial disputes ,international treaties ,uti possidetis ,principle of effectivity ,Law - Abstract
This paper deals with several territorial disputes, regarding the land delimitation, which were put before the International Court of Justice. The determination of international borders is one of the most important questions of international law and the International Court of Justice represents a very important judicial instance to which states can address if they have an unsolved boundary question with the neighboring states. In the territorial disputes at the Court State Parties were not only states that were formed in the process of decolonisation but also some European states such as, for example, The Netherlands and Belgium. The principles that Court has applied in the process of dispute resolution were different regarding the region and demands of the State Parties. The Court should, firstly, apply international law that means sources envisaged in the Article 38 of its Statute. In its jurisprudence, it used at the first place international treaties, where that was possible, but also the principle of uti possidetis and the principle of effectivity in order to resolve the dispute presented before him by the Parties.
- Published
- 2012
- Full Text
- View/download PDF
25. Sewerage system (cloaca) in Roman law
- Author
-
Aličić Samir
- Subjects
sewerage system ,cloaca ,interdicts ,salubritas ,operis novi nuntiatio ,uti possidetis ,cautio damni infecti ,public interest ,Roman law ,Law - Abstract
Sewerage system (cloaca), which implies any cavity through which waste water flows, has in Roman law a special legal protection due to its importance for public health preservation and safety of citizens. In Praetorian Edict, two interdicts are envisaged; one prohibitory, by which private sewerage system is protected and one restitutory, by which public sewerage system is protected. It is possible that a restitutory interdict about private sewerage system existed. By the public sewerage interdict, a person who blocks or damages public sewerage is ordered to restore everything to previous state. By the private sewerage interdict, anyone is forbidden to obstruct a person who wants to repair sewerage that leads from his building through neighboring buildings. By lawyers' interpretations, the application of this interdict is expanded to all realty, as well as a situation of building a new sewerage system. Moreover, it is envisaged by Praetorian edict that against a person who builds or repairs sewerage neither interdict uti possidetis can be filed. Similarly, by lawyers' interpretations, application of operis novi nuntiatio is prevented against a person who repairs or cleans sewerage system if interruption of work could cause danger. Law developed in the direction that enabled unobstructed maintenance and building of sewerage system through neighboring realty, especially if danger of effusion existed. The only limitations were comprised in the obligation of compensation of damages to third parties, and in certain obligations of public law character: obligation to obtain consent of magistrate when building a new sewerage and duty to pay sewerage tax (cloacarium).
- Published
- 2012
- Full Text
- View/download PDF
26. The Right to Self-determination in the Light of International Legal Issues and the Dissolution of Yugoslavia
- Author
-
Bartul Marušić
- Subjects
the right to self-determination of people ,the dissolution of Yugoslavia ,uti possidetis ,secession ,political philosophy ,History of scholarship and learning. The humanities ,AZ20-999 - Abstract
The right to self-determination of peoples is one of the most controversial concepts in public international law. Also, this concept is not only legal, but also philosophical, and also pertains to political science, sociology and entails various issues and repercussions. Therefore, its analysis should be approached in detail, gradually and with an interdisciplinary approach in order to comprehend the various important aspects of the concept that leads toward the answer to the following question - Is the self- determination of peoples a principle or a right and what else in involved here? Is this right jus cogens de facto and de jure or is it conditioned by the organic other rules of contemporary international order? This primarily refers to the cogent ban of breaching the territorial integrity of existing states and jeopardizing international peace and stability as proclaimed in the Charter of the United Nations. This entails a consideration of the principle of uti possidetis and its roots, as well as secession, the most common consequence of the affirmative exercising of the right to self-determination of peoples. Also on the continuation and dissolution of states, mostly federal, which is necessary for an analysis whether or not there are any material differences in relation to secession, which is also neither permitted nor prohibited. The author here will interpret our closest known case (one still recent) the breakup of the former Yugoslavia, which was a modern precedent for a federal state and has reverberation in current events like those in the Ukraine. In order to have a more complete impression of law, policy and various interests will also make mention of the constitutionality of peoples, minorities and their rights through a variety of documents and the opinions of scholars and also concepts concerning the nation and state recognition. There is no consensus whether it is a constitutive or declaratory act by third countries and the international community. In order to avoid a worst case scenario, the acceptance of the legal “status quo”, it should be openly debated in order to avoid political and public diversions or distractions that hide interests which are either contrary to the spirit of the United Nations or, on the other hand, legitimately opposed to each other.
- Published
- 2017
- Full Text
- View/download PDF
27. Pravni naslov i efektivnost kao osnove suverenosti nad državnim područjem
- Author
-
Vladimir-Đuro Degan
- Subjects
razgraničenje ,granica na moru ,uti possidetis ,pravni naslov ,historijski zaljev ,delimitation ,maritime boundary ,legal title ,historic bays ,state sovereignty over a territory ,Law - Abstract
Ovu su raspravu potaknule dvije nedavno izrečene presude Međunarodnog suda u Haagu, i to ona iz 2002. godine o suverenosti nad Pulau Ligitan i Pulau Sipadan, između Indonezije i Malezije, te ona iz 2007. o teritorijalnom i morskom sporu u Karipskom moru između Nikaragve i Hondurasa. Obje su odlučivale o suverenosti nad malim nenaseljenim ili slabo naseljenim otocima, udaljenima od obala država u pitanju. Uz to je druga presuda razgraničila morske prostore između parničnih strana. Te se presude uklapaju u prijašnju sudsku praksu i čine važan doprinos nadogradnji pravnih pravila iz tih oblasti. Naposljetku se u toj svjetlosti raspravlja o zahtjevima i jednostranim aktima Slovenije glede morskih prostora na sjevernom Jadranu.
- Published
- 2008
28. Boundaries, Democracy, and Territory.
- Author
-
Miller, David
- Subjects
- *
INTERNATIONAL law , *STATE boundaries , *POLITICAL philosophy , *DEMOCRACY , *POWER (Social sciences) , *SUBSIDIARITY - Abstract
This paper places the issue of subsidiarity in the context of a wider question: "What boundaries between political units ought there to be?" Rejecting the idea of a world without borders, it begins by examining the view of international lawyers, encapsulated in the principle of uti possidetis, that existing state boundaries must be treated as sacrosanct unless modified by mutual consent. It then considers three normative approaches to boundary-drawing. The functional approach seeks to create political units that can best perform the economic and other functions expected of states. The political approach argues for boundaries that will enclose well-functioning democracies, which depends partly on the constitution of the demos itself, and partly on its likely impact on those outside of the boundaries. The homeland approach looks for boundaries that respond to the pre-existing territorial claims of nations and other groups. Since all three approaches have merit, boundary-drawing must try to accommodate each of them, which in the case of disputed boundaries will mean looking for solutions other than the traditional hard-bordered nation-state. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
29. Uti possidetis i crta sredine u kopnenim i morskim razgraničenjima : presuda Međunarodnog suda u Haagu - Kamerun-Nigerija iz 2002.
- Author
-
Vladimir-Đuro Degan
- Subjects
razgraničenje morskih prostora ,uti possidetis ,crta sredine ,ratifikacija ugovora ,maritime delimitations - criteria ,treaty ratification ,legal title ,Law - Abstract
Uti possidetis je načelo opće naravi koje se primjenjuje na delimitaciju (razgraničenje) izmeðu država ukoliko one nakon stjecanja neovisnosti nisu uspjele sklopiti nove ugovore o svojim granicama. Neke su države nastojale otkloniti primjenu toga načela usljed novih dogaðaja, ili temeljem njihovih jednostranih akata, pozivajući se na efektivnost vlasti koju su u nekom prostoru vršile. Kao kriterij razgraničenja nekih morskih prostora neki ugovorni propisi spominju crtu sredine uz posebne okolnosti. Ali članci 74. i 83. Konvencije UN o pravu mora iz 1982. godine u stvari ne sadrže nikakav kriterij razgraničenja gospodarskoga i epikontinentskog pojasa. U ovoj se rasprava analizira kako je spomenuta pitanja razriješio Meðunarodni sud u svojoj presudi iz 2002. godine, i to u svjetlosti prijašnje meðunarodne sudske i arbitražne prakse.
- Published
- 2003
30. Border dispute between Croatia and Slovenia along the lower reaches of the Dragonja River
- Author
-
Primož Pipan
- Subjects
political geography ,borders ,border disputes ,istria ,croatia ,slovenia ,uti possidetis ,Geography (General) ,G1-922 - Abstract
The paper discusses border dispute between Croatia and Slovenia along the lower reaches of the Dragonja River, acute since the two countries gained independence in 1991. It is the most hotly contested border dispute point between the two countries except for the maritime border in Bay of Piran. The area with small villages of Mlini-Škrile, Bužini and Škodelin is known in the literature as the “area along the Dragonja River”, "the area of double records" or "the case of four villages". The paper begins by describing reasons for the southern border of the Municipality of Piran from geographic and economic aspects. It focuses on changes of borders from the legal aspect between and after World War Two. Situation on site is described for the last 60 years, based on a field research. The paper concludes by outlining the principle of international law “uti possidetis” and its possible implications for the area in question.
- Published
- 2014
- Full Text
- View/download PDF
31. Four Conflicts - Four Mandates Comparative Analysis of the Conflicts and Mandates of United Nations Peacekeeping Missions in Western Sahara, Angola, Namibia and Central African Republic.
- Author
-
István, HARKAI
- Subjects
PEACEKEEPING forces ,MANDATES (Territories) ,SOCIAL conflict ,COMPARATIVE studies - Abstract
During the 20
th century, the United Nations led several peacekeeping missions into Africa, where civil wars and armed conflicts among states have followed each other. These conflicts differed in many aspects from each other, and the UN tried to give several answers to heal the conflicts. This essay attempts to present and compare these conflicts and the UN missions through the case of three states and a colony, Angola, Namibia, the Central African Republic, and Western Sahara. [ABSTRACT FROM AUTHOR]- Published
- 2015
- Full Text
- View/download PDF
32. The Title to Dokdo/Takeshima: Addressing the Legacy of World War ii Territorial Settlements/Finding the Right Settlement of Dispute Mechanism.
- Author
-
Castellino, Joshua and Domínguez Redondo, Elvira
- Subjects
- *
BOUNDARY disputes , *LAND settlement , *SOVEREIGNTY , *INTERNATIONAL law , *PERSONS (International law) - Abstract
The seas of South East Asia present a succinct backdrop against which several current disputes are being played out. At stake are the maritime boundaries of China, Japan, Korea, Malaysia and Singapore. In seeking to delimit such international maritime boundaries, vital questions are being asked concerning sovereignty over islands, reefs and islets, and the value that can be ascribed to these following the determination of sovereignty. This paper seeks to examine one such dispute, between South Korea and Japan, concerning contested sovereignty over two traditionally uninhabited islets that lie in the sea between the two countries, namely the islets of Dokdo (Korean name)/Takeshima (Japanese), also known as Liancourt Rocks (English terminology). [ABSTRACT FROM AUTHOR]
- Published
- 2015
- Full Text
- View/download PDF
33. Status Hukum Papua Barat: The Right to Self-Determination atau National Integrity?
- Author
-
Fiona, Sehrenneta Bella, Kusniati, Retno, Fiona, Sehrenneta Bella, and Kusniati, Retno
- Abstract
West Papua as one of the regions in Indonesia that integrates with the New York Agreement between Indonesia and the Netherlands carries the right of self-determination in an effort to separate from Indonesia. This research discusses how the regulation of the right to self-determination as part of Human Rights and examines the basis of West Papua in carrying out the right to self-determination and declaring itself as a state. This type of research is normative, with statutory (statue) and historical approaches. This research concludes that the right to self-determination is part of human rights, while West Papua’s claim as part of the Indonesian State in demanding the right to self-determination is clashed with the Uti Possidetis Juris and Territorial Integrity.  , Papua Barat sebagai salah satu wilayah di Indonesia yang berintegrasi dengan Persetujuan New York antara Indonesia dan Belanda mengusung hak menentukan nasib sendiri dalam upaya memisahkan diri dari Indonesia. Penelitian ini membahas bagaimana pengaturan hak menentukan nasib sendiri sebagai bagian dari Hak Asasi Manusia dan mengkaji dasar Papua Barat dalam mengusung hak menentukan nasib sendiri dan mendeklarasikan diri sebagai negara. Jenis Penelitian ini adalah yuridis normatif, dengan pendekatan perundang-undangan (statue approach) dan pendekatan sejarah (historical approach). Penelitian ini menunjukkan bahwa hak menentukan nasib sendiri merupakan bagian dari hak asasi manusia dan klaim Papua Barat sebagai bagian dari Negara Indonesia dalam menuntut hak menentukan nasib sendiri terbentur dengan Uti Possidetis Juris dan Territorial Integrity
- Published
- 2020
34. Što je čije, ili teritorijalna prava na "ovim prostorima".
- Author
-
OKLOPČIĆ, ZORAN
- Abstract
The article problematizes dominant understandings of moral rights to territory and rejects the claim that the legitimacy of independence of the former Yugoslav republics can be grounded in the right of their peoples to self-determination, either within ethnic or then-existing administrative boundaries. Instead, the most promising normative justification for a decision to recognize Yugoslav republics as independent states follows from a particular interpretation of the all-affected interests principle in democratic theory, which leads to a radical reconceptualization of the idea of the people, "its" territory, and the legitimate role of the inter national community. [ABSTRACT FROM AUTHOR]
- Published
- 2015
35. L'uti possidetis et son application dans le cadre de la sécession
- Author
-
Germanier, Margaux Eva Justine
- Subjects
Uti possidetis ,Effectivité ,Sécession ,ddc:320 ,Autodétermination des peuples ,Frontières - Abstract
In 1991, the Badinter Arbitration Commission proposed the use of uti possidetis to settle border disputes arising from the dissolution of the former Yugoslavia. Originally applied to situations of decolonisation in South America and then in Africa, transforming colonial administrative limits into international borders, the principle of uti possidetis could not, however, be applied to secession by analogy, as the Badinter Commission does. Decolonisation is indeed governed by law, notably by the right of self-determination principle, whereas secessions and dissolutions of States are mainly based on effectivity. This paper will then seek to reduce the opposition between law and fact in order to justify the application of uti possidetis to State secessions in the context of the break-up of the former Yugoslavia. Having proved the intrinsic link between uti possidetis and law as well as the neutrality of international law with regard to secession, this research paper will however find a more harmonious relationship between uti possidetis and secession. It is indeed possible to assimilate effectivity to a legal norm and thus narrow the gap between secession and legitimacy; effectivity has also played a significant role in the application of uti possidetis during episodes of decolonisation. The argument raised would thus blur the law-effectivity antinomy, and thereby reduce the incompatibility between uti possidetis and secession. En 1991, la Commission d'arbitrage Badinter propose le recours à l'uti possidetis pour régler les différends frontaliers apparus lors de la dissolution de l'ex-Yougoslavie. A l'origine appliqué aux situations de décolonisation en Amérique du Sud puis en Afrique, transformant les limites administratives coloniales en frontières internationales, le principe de l'uti possidetis ne pourrait cependant être appliqué à la sécession par analogie, comme le fait la Commission Badinter. La décolonisation est effectivement régie par le droit, notamment par le principe du droit des peuples à disposer d'eux-mêmes, alors que les sécessions et les dissolutions d'États reposent surtout sur l'effectivité. Ce travail de recherche tente ainsi de réduire l'opposition entre droit et faits, afin de justifier l'application de l'uti possidetis aux sécessions d'États dans le cadre de l'éclatement de l'ex-Yougoslavie. Après avoir prouvé le lien intrinsèque entre uti possidetis et droit ainsi que la neutralité du droit international en matière de sécession, ce travail parvient cependant à trouver un rapport plus harmonieux entre uti possidetis et sécession. Il est effectivement possible d'assimiler l'effectivité à une règle de droit et ainsi amoindrir l'écart entre sécession et légitimité ; l'effectivité a également joué un rôle non négligeable dans l'application de l'uti possidetis lors des épisodes de décolonisation. L'argumentaire soulevé permettrait donc de brouiller l'antinomie droit-effectivité, et par là-même réduire l'incompatibilité entre uti possidetis et sécession.
- Published
- 2021
36. Reflexiones jurídicas actuales a partir de arbitrajes históricos : Cliperton
- Author
-
Sellarés Serra, Jordi.
- Subjects
Sovereignty ,Duración ,Duration ,Descubrimiento ,Arbitration ,«Uti possidetis» ,Uti possidetis ,Discovery ,Arbitraje ,Soberanía - Abstract
En: Arbitraje: revista de arbitraje comercial y de inversiones. eISSN. 2603-9281. vol. 13, n. 2, 2021, pp 233-235 Una isla desierta en medio del Océano Pacífico, reclamada por dos Estados. Uno, Francia, la descubre. Méjico, el otro, la reclama por ser el sucesor de España y por haber tenido ocupación militar efectiva. Pero la abandona y el pleito se eterniza, acabando en un laudo de tres páginas, poco más que telegráfico, más de dos décadas después. An island in the middle of the Pacific, claimed by two States. France, by its discovery. Mexico, by occupaying it with a garrison later abandoned and succeeding Spain. The ward is simply three pages long, after more than twenty years later.
- Published
- 2021
37. The peace treaties of the Ottoman Empire with European Christian powers.
- Abstract
Introduction The Ottoman Empire was the only non-Christian European power which, from the Middle Ages to the early twentieth century, has ever been a permanent factor in the political system of Europe. The early state which the Turkish sultans belonging to the house of Osman had formed in Asia minor was transformed into an Empire by fighting against and conquering Byzantium and other Christian states in the Balkans. From 1365 the Ottoman rulers had their residence in Adrianople/Edirne, and from 1453 continuously in Constantinople/Istanbul, in Europe. In the sixteenth century, when their rule was extended to Syria-Palestine, Mesopotamia, Arabia and Egypt, the Ottoman sultans also laid claim to the Caliphate. As caliphs they were regarded as nominal successors to the Prophet Muhammad and therefore as the religious leaders of the whole Muslim community. But throughout the centuries, there have always been important Muslim states which did not recognise the Ottoman sultan–caliph as their supreme authority (such as Persia, Morocco, or the Mogul Empire in India). The fact that, after the conquest of Constantinople in 1453, Turkish imperial armies had even besieged the Habsburg capital of Vienna in 1529 and once more in 1683 had contributed to the sentiment of mortal menace by Islam, which was widely spread in the respublica christiana. Only in the eighteenth century could the idea of coexistence and good neighbourliness between Christian Europe and theMuslim Turkish Empire become more effective. [ABSTRACT FROM AUTHOR]
- Published
- 2004
- Full Text
- View/download PDF
38. The Peace Treaties of Westphalia as an instance of the reception of Roman law.
- Abstract
Introduction The role of Roman law in the development of international law has been appreciated in quite different ways. In some manuals, such as those by Nussbaum, Grewe and Truyol y Serra, this role has certainly been underestimated. Another position is defended by Ziegler: from his earlier publications until his recent general survey on the history of international law, he has shown a wide variety of influences of Roman law on the development of international law. Of course, this difference in appreciation of the role of Roman law is closely linked with what I would like to call the ‘minimalist’ and ‘maximalist’ approaches to the history of international law. A ‘minimalist’ concept defines international law as law between sovereign states. Sovereignty in the modern sense does not appear before the sixteenth century, so, therefore, the ‘real’ history of international law does not start until the early modern period. In the minimalist opinion, there has hardly ever been any interest in the question whether the concepts of international law have been influenced by Roman law. On the other hand, the ‘maximalist’ approach applies a wider concept of ‘international’, so that the earliest forms of peace treaties mark the beginning of the history of international law. The great problem for the ‘maximalist’ approach concerns the Middle Ages, when the emperor of the medieval Holy Roman Empire of the Germanic Nation and the pope both claimed universal recognition, which seems to exclude the existence of international law. [ABSTRACT FROM AUTHOR]
- Published
- 2004
- Full Text
- View/download PDF
39. Vestigia pacis. The Roman peace treaty: structure or event?
- Abstract
Introduction The problems related to the subject of peace treaties in Roman law are abundant. Not only does the thin evidence of the sources make it difficult to gather a status quaestionis. What do we know about the content and function of peace treaties which have been passed down to us from history? What remains to be discovered? What questions of principle dowe have to ask when it comes to the appropriate methods we should employ? ‘New’ sources, nova reperta so to speak, are only seldom found. Thus, we have to resort to reinterpreting the rather limited amount of well-known sources and to reviewing the older secondary literature to see to what extent it ispossible to make the texts speak to us – rather than being obscured by the interpretations of their own age. Taking a classical vexata quaestio as our starting point, we will take an overall view of the problems, first of substance and then of method, caused by the peace treaty. From this methodological discussion, we will finally return to our initial question. Even the concept of pax raises the problem whether pax is a legal act or a factual state of being. For our overall view, we first have to ask what can be said about the ‘classical’ international law of ancient Rome as a ‘system’ and especially about the function of the peace treaty within such a system. [ABSTRACT FROM AUTHOR]
- Published
- 2004
- Full Text
- View/download PDF
40. Maritime frontiers of the Republic of Croatia
- Author
-
Vladimir-Đuro Degan
- Subjects
maritime frontiers ,delimitation ,state succession ,uti possidetis ,historic bays ,territorial sea ,continental shelf ,exclusive economic zone ,arbitration ,International Court of Justice ,Central American Court ,Law - Abstract
Main topics: Municipal legislation, bilateral treaties on delimitation and participation in multilateral conventions on the law of the sea, by the former Yugoslav Federation and other coastal States in the Adriatic at the ''critical date''. Developments in Croatia and other coastal states after 1991. The principle of uti possidetis in its various aspects as a basis to the settlement of territorial disputes on land and maritime areas. The author emphasizes the problems and claims raised in maritime delimitation of Croatia with Slovenia, Italy, Bosnia-Herzegovina and the Federal Republic of Yugoslavia (Serbia and Montenegro).
- Published
- 1995
41. Diplomacia e território: a região Pirara e a utilização instrumental do indígena.
- Author
-
Nazareno, Elias and Stival Cardoso, Ludimila
- Subjects
- *
SOCIAL participation , *DIPLOMACY , *INTERNATIONAL relations research , *NATIONAL territory , *SOCIAL stratification , *LEGITIMACY of governments - Abstract
This article aims to discuss the lack of social participation in Brazilian diplomacy. For this, it was elected the example of a negotiation between Brazil and Britain about the territory of British Guiana, where the Brazilian negotiator, Joaquim Nabuco, was defeated in his argument, representing one of the few episodes in which the country lost territory. In this case it can realize the instrumental use of social strata, as the indigenous, to justify territorial possession, based on the principle of uti possidetis and how the society is exclued from decision-making in foreign policy, going into this framework as an element, but not as a subject or part of what is called "national interest", which ends up weakening the Brazilian state with a relative loss of legitimacy. [ABSTRACT FROM AUTHOR]
- Published
- 2014
- Full Text
- View/download PDF
42. Undoing States without Redrawing Borders: the Counter-Productive Use of the uti possidetis Principle to Secure New European Borders.
- Author
-
VAHLAS, Alexis
- Subjects
- *
UTI possidetis (International law) , *BORDER security , *INTERNATIONAL security , *DECOLONIZATION , *IMPORTS - Abstract
It is argued in this paper that the choice made by the vast majority of the international community to promote a systematic and extensive use of the uti possidetis principle for defining new international borders of newborn European States has not met the expectations of peace and stability. Starting from the explanation of the initial meaning of the principle in antique Roman law, a first part explores how the principle of uti possidetis was reactivated for decolonisation processes in Latin America, Asia and Africa, before being implemented in Europe following the dismemberment of the Soviet Union, Yugoslavia and Czechoslovakia. A second part is dedicated to the assessment of this import for separations of States whose constituting territory is at stake. The intent is to expose its shortfalls and propose alternative solutions to improve the situations for which the use of uti possidetis principle has been counter-productive. One possible option is certainly to promote adjustments of borders under the supervision of the international community. [ABSTRACT FROM AUTHOR]
- Published
- 2013
43. BORDER DISPUTE BETWEEN CROATIA AND SLOVENIA ALONG THE LOWER REACHES OF THE DRAGONJA RIVER.
- Author
-
Pipan, Primož
- Subjects
- *
BOUNDARY disputes , *WATER boundaries , *BAYS (International law) , *NATIONAL territory - Abstract
The paper discusses border dispute between Croatia and Slovenia along the lower reaches of the Dragonja River, acute since the two countries gained independence in 1991. It is the most hotly contested border dispute point between the two countries except for the maritime border in Bay of Piran. The area with small villages of Mlini-Škrile, Bužini and Škodelin is known in the literature as the »area along the Dragonja River«, »the area of double records« or »the case of four villages«. The paper begins by describing reasons for the southern border of the Municipality of Piran from geographic and economic aspects. It focuses on changes of borders from the legal aspect between and after World War Two. Situation on site is described for the last 60 years, based on a field research. The paper concludes by outlining the principle of international law »uti possidetis« and its possible implications for the area in question. [ABSTRACT FROM AUTHOR]
- Published
- 2008
- Full Text
- View/download PDF
44. Uti possidetis juris and the role of the colonial law for the resolution of international territorial disputes
- Author
-
Lucas Carlos Lima
- Subjects
International court ,Common law ,lcsh:Law ,Context (language use) ,Municipal law ,Colonialism ,Corte Internacional de Justiça ,Economic Justice ,International Court of Justice ,International litigation ,Domestic Law and International Law ,Direito internacional publico e direito interno ,Uti possidetis ,Political science ,Law ,lcsh:K1-7720 ,Direito Colonial ,lcsh:Law in general. Comparative and uniform law. Jurisprudence ,Colonial Law ,Direito Interno e Direito Internacional ,lcsh:K - Abstract
Resumo O presente trabalho discute a condição do direito colonial nas controvérsias territoriais internacionais decididas pela Corte Internacional de Justiça. Em particular, o artigo verifica tal condição nos casos em que o princípio uti possidetis juris é invocado para auxiliar na determinação dos limites e fronteiras territoriais. Se, por um lado, a jurisprudência tradicional da Corte tende a tratar o direito interno dos Estados como sendo um “mero fato”, por outro, os particulares casos de uti possidetis requerem determinados exercícios por parte do juiz internacional que parecem afastar esse tratamento. Através de um exame da jurisprudência e dos casos em que o princípio é invocado, bem como das técnicas empregadas pela Corte para determinar e interpretar o direito colonial, o artigo demonstra que a abordagem tradicional da Corte é mitigada quando o direito colonial aparece no contexto do contencioso internacional. Abstract The present essay discusses the condition of colonial law in the international territorial disputes decided by the International Court of Justice. In particular, the article verifies that condition in cases where the uti possidetis juris principle is invoked to aid in the determination of territorial limits and frontiers. If, on the one hand, the Court's traditional case law tends to treat the domestic law of States as a "mere fact", on the other, the particular cases of uti possidetis require certain exercises by the International Court that appear to refrain from such treatment. Through an examination of the case law and cases in which the principle is invoked, as well as of the techniques used by the Court to determine and interpret colonial law, this article demonstrates that the traditional approach of the Court is mitigated when colonial law appears in the context of the international litigation.
- Published
- 2017
45. International Arbitration dispute resolution with particular emphasis on Arbitration Agreement between Croatia and Slovenia
- Author
-
Hozjan, Klara and Tratnik, Matjaž
- Subjects
pacta sunt servanda ,prikrivanje informacij ,arbitražni sporazum ,arbitražna razsodba ,International law ,ad hoc sodišče ,arbitraža ,arbitration agreement ,Permanent Court of Arbitration ,uti possidetis ,ex parte communications ,mednarodno pravo ,Stalno arbitražno sodišče ,udc:341.636(043.3) ,arbitration ,arbitration award ,ad hoc arbitration - Abstract
V svetu se je v mednarodnem pravu s civilizacijo postopoma uveljavila težnja po mirnem reševanju mednarodnih sporov. Načelo je hitro preraslo v dolžnost, ki jo morajo upoštevati tako države kot vsi drugi subjekti mednarodnega prava, uzakonjeno pa je v Ustanovni listini Organizacije združenih narodov. Mirno reševanje sporov v praksi poteka z uporabo diplomatskih in pravnih sredstev mirnega reševanja. Med zadnja uvrščamo sodni in arbitražni postopek, ravno slednji pa je tudi predmet obravnave tega diplomskega dela. Arbitraža je izvensodni način reševanja sporov, v katerem države prepustijo odločanje o sporu določenim osebam, ki jih imenujejo same. Za arbitražno posredovanje se morajo odločiti sporazumno, pri čemer lahko izbirajo med ustanovitvijo ad hoc arbitraže ali pa spor predložijo stalnemu razsodišču. Arbitražna razsodba je zavezujoča in dokončna, države stranke jo morajo upoštevati, priznati in izvršiti. V kolikor tega ne storijo, mednarodno pravo ne določa nobene sankcije, bi pa to bilo v nasprotju z načelom pacta sunt servanda. Za arbitražno reševanje medsebojne mejne problematike sta se leta 2009 odločili tudi Republika Slovenija in Republika Hrvaška. V ta namen sta ustanovili ad hoc arbitražno sodišče, ki je svoje delo opravljalo v Haagu. Postopek je bil prekinjen 22. julija 2015, ko so srbski in hrvaški mediji objavili sumljive zvočne posnetke med slovensko agentko pri razsodišču in slovenskih arbitrom, kar je povzročilo odstop Hrvaške od sporazuma in vseh nadaljnjih dejanj. Sodišče je po temeljitem preudarku odločilo postopek nadaljevati in leta 2017 izdalo arbitražno razsodbo, ki pa jo Hrvaška, vse od objave spornih prisluhov vztrajno zavrača in ne priznava. Peaceful settlement of international disputes is a fundamental principle of international law, which contains states' obligation to resolve their differences by pacific methods. It is formulated as such in the United Nations Charter and binds not only states, but also other subjects of international law. The principle is divided on diplomatic methods and legal methods. Adjudicative methods of dispute settlement consist of two types of procedures, judical settlement and arbitration. The last one is defined as a main topic of this particular degree. Arbitration is out-of-court settlement of differences between states by judges of their choice. Arbitration must be initiated with the agreement of the parties to a dispute. Parties can choose between ad hoc arbitration and institutional arbitration. Arbitration award is binding and final on the parties, which undertake to carry out the award without delay. If recognition and enforcement of an award are refused, there are no legal punishment for parties. However their actions would mean a breach of principle pacta sunt servanda. In 2009 Republic of Croatia and Republic of Slovenia also decided to settle their border dispute with the help of arbitration. Therefore parties agreed to apply the Permanent Court of Arbitration with its seat in Hague. Procedure was cancelled on July 22, 2015, because Serbian and Croatian newspapers emerged that Slovenia violated the Arbitration Agreement by engaging in ex parte communications with its party-appointed arbitrator. Consequently Croatia decided to end any further participation in the arbitral proceedings. After Arbitral Tribunal held a hearing, Tribunal decided that arbitral proceedings pursuant to the Arbitration Agreement would continue. In 2017 Tribunal issued final Arbitration award, which is still unacceptable and refused by Croatia.
- Published
- 2018
46. Maritime Delimitation between the Republic of Croatia and the Republic of Slovenia in the Bay of Piran
- Author
-
Petra Perisic
- Subjects
Maritime boundary ,Ex parte ,Jurisdiction ,media_common.quotation_subject ,The Republic ,Negotiation ,Tribunal ,uti possidetis ,bay ,Law ,Political science ,Arbitration ,maritime delimitation ,junction ,Settlement (litigation) ,arbitration ,media_common ,arbitration, maritime delimitation, bay, uti possidetis, junction - Abstract
After the dissolution of the Federal Socialist Republic of Yugoslavia, Croatia and Slovenia – former socialist republics and now independent states – had to define their interstate borders. Since there were no maritime boundaries in Yugoslavia between the republics, an uti possidetis principle, which had been used for determining land borders, could not have been applied at sea. It was therefore on states to agree on the maritime delimitation. Croatia and Slovenia, however, were not able to settle their dispute by diplomatic negotiations and they agreed to submit the dispute for arbitration. However, during the course of the proceedings, Slovenia got involved into an ex parte communication with one of the members of the Arbitral Tribunal, which resulted in Croatia’s withdrawal from the proceedings. The Tribunal nevertheless decided that it had jurisdiction to continue with the proceedings and ultimately decided on the merits of the case. Croatia refuses to implement the Tribunal’s decision, while Slovenia insists on its implementation. It is yet to be seen how the settlement of this dispute will proceed, however it is interesting and legally challenging to analyze the Tribunal’s award, which introduces a rather unusual solution to the delimitation issue.
- Published
- 2018
47. An unintended legacy: Kwame Nkrumah and the domestication of national self-determination in Africa
- Author
-
Andrew Small
- Subjects
Banjul Charter ,self-determination ,pan-Africanism ,Kwame ,Ghana ,African Union ,uti possidetis ,Law ,Political science ,Kwame Nkrumah ,Social science ,Organisation of African Unity ,Domestication ,Social Sciences (miscellaneous) - Abstract
In the early 1950s, the right to self-determination was a concept rich with disruptive potential for pre-independence Africa. Some saw the application of self-determination as an opportunity to redraw the continent's colonial borders; others believed it would lead to a pan-African union of states. Through an analysis of legal, historical and political material, this article argues that between 1958 and 1964 Ghana's first President, Kwame Nkrumah, although ideologically a pan-Africanist, played a pivotal but unintentional role in entrenching colonial era borders in Africa. The article identifies three key ways in which Nkrumah shaped the law of self-determination in Africa: first, by actively campaigning against 'tribalism' in Ghana; second, by enlisting the UN to prevent the secession of Katanga in 1960, thereby creating a crucial precedent; and, third, by playing a leading role in establishing the OAU in 1963, which went on to endorse the legal validity of colonial frontiers. In this way, Nkrumah helped settle arguments around the authentic self-determination unit in Africa, forging an unintended legacy that continues to shape the legal and political contours of the continent to the present.
- Published
- 2017
48. Valsts teritorijas atdalīšanās kā tiesu uz pašnoteikšanos viens no tiesiskajiem realizēšanas veidiem
- Author
-
Sarāns, Jānis, Lejnieks, Māris, and Latvijas Universitāte. Juridiskā fakultāte
- Subjects
uti possidetis ,vienpusēja atdalīšanās ,tiesības uz pašnoteikšanos ,teritoriālā integritāte ,neatzīšanas pienākums ,Juridiskā zinātne - Abstract
Ņemot vērā to, ka mūsdienu starptautiskajās tiesībās tautu tiesības uz pašnoteikšanos aizvien nav noregulētas pietiekoši skaidri un pastāv ļoti plaša viedokļu dažādība par to, kādos apstākļos tiesības uz pašnoteikšanos var tikt izmantotas, ir nozīmīgi analizēt šos jautājumus konstruktīvā un secīgā manierē. Atsaucoties uz iepriekš minēto, kā arī uz vienu no tiesību uz pašnoteikšanos īstenošanas veidiem, proti, valsts teritorijas atdalīšanos no jau pastāvošas valsts, kas beidzamajā laikā ir kļuvis īpaši aktuāls tieši dēļ notikumiem Krimā, autors pētījuma ietvaros pievērsīsies šo sarežģīto jautājumu risināšanai. Pētījuma rezultātā autors noteiks tiesību uz pašnoteikšanos dažādo dimensiju piemērošanas iespējamību un piemērošanas šķēršļus mūsdienu starptautiskajās tiesībās., Taking into account that that the contemporary international law is still rather unclear as to the normative base and the contents of the right of self-determination of peoples as well as the highly diverse opinions as regards the extent of the exercise of the right of self-determination of peoples, it is necessary to approach this issue in a constructive and structural manner. Given that as well as the late topicality of one of the external aspects of the people’s right to self-determination in the context of the happenings in Crimea, namely, secession, the author will address these complicated issues. Consequently, the author will assess the potential scope and circumstances, in which different dimensions of the right of self-determination could be applied in practice as well as the obstacles that might occur during the process of exercise of these rights.
- Published
- 2016
49. Pravni naslov i efektivnost kao osnove suverenosti nad državnim područjem
- Author
-
Degan, Vladimir-Đuro
- Subjects
uti possidetis ,state sovereignty over a territory ,pravni naslov ,razgraničenje ,granica na moru ,historijski zaljev ,delimitation ,lcsh:Law ,maritime boundary ,historic bays ,legal title ,lcsh:K - Abstract
Ovu su raspravu potaknule dvije nedavno izrečene presude Međunarodnog suda u Haagu, i to ona iz 2002. godine o suverenosti nad Pulau Ligitan i Pulau Sipadan, između Indonezije i Malezije, te ona iz 2007. o teritorijalnom i morskom sporu u Karipskom moru između Nikaragve i Hondurasa. Obje su odlučivale o suverenosti nad malim nenaseljenim ili slabo naseljenim otocima, udaljenima od obala država u pitanju. Uz to je druga presuda razgraničila morske prostore između parničnih strana. Te se presude uklapaju u prijašnju sudsku praksu i čine važan doprinos nadogradnji pravnih pravila iz tih oblasti. Naposljetku se u toj svjetlosti raspravlja o zahtjevima i jednostranim aktima Slovenije glede morskih prostora na sjevernom Jadranu.
- Published
- 2008
50. Uti Possidetis: A Philosophical Critique
- Author
-
Kassner, Joshua J.
- Subjects
Uti Possidetis - Abstract
Fall 2010 American Philosophical Association newsletter, It would be hard to overstate the importance of international political boundaries. For more than three-and-a-half centuries the normative relationships between independent political communities have been grounded in a commitment to then sovereign territorial state.2 The extent of a sovereign state's rights are largely determined by the boundaries that separate one political community from another. In addition to their impact on the relations between states, international political boundaries have an impact on individuals and political groups. On one side of a border an individual may be subject to gross violations of her human rights. Just meters away-across the border-individuals just like her experience wealth, opportunity, and the protection of political and civil rights. Similarly, the ability of political communities to govern themselves is greatly hindered or enhanced by the boundaries that separate ( or combine) political groups.
- Published
- 2010
- Full Text
- View/download PDF
Catalog
Discovery Service for Jio Institute Digital Library
For full access to our library's resources, please sign in.