Title to Territory in International Law: A Temporal Analysis: A Temporal Analysis

The book explores the evolution of the Roman doctrine of uti possidetis and its impact on post-colonial states, challenging the notion of territorial integrity as a guarantee of state sovereignty.

Format: Hardback
Length: 250 pages
Publication date: 01 January 2021
Publisher: Taylor & Francis Ltd

This title, originally published in 2003, delves into the complex interplay between state sovereignty and territorial integrity in the context of international law. While international law places great emphasis on safeguarding state sovereignty, the demarcation of territory in post-colonial states remains highly contentious due to its historical origins during European colonial rule. The Roman doctrine of uti possidetis, which sought to provide legal sanctity to territorial boundaries, played a significant role in this process. However, this book argues that the doctrine evolved to serve political rather than legal purposes, as it was applied in various historical contexts. The book is structured into seven chapters, with the first two focusing on theoretical aspects of uti possidetis and its development in Roman law. The subsequent three chapters explore the usage of the doctrine during Spanish decolonization, African colonization, and recent International Court of Justice (ICJ) jurisprudence. The final two chapters examine the contemporary implications of the doctrine, particularly in Yugoslavia and for indigenous peoples worldwide. Overall, the book provides a comprehensive analysis of the historical and legal dimensions of uti possidetis and its impact on territorial disputes and sovereignty claims.

ISBN-13: 9781138742857