The Right of Conquest: The Acquisition of Territory by Force in International Law and Practice

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Clarendon Press, Oct 31, 1996 - Political Science - 352 pages
This is an enquiry into the place of the right of conquest in international relations since the early sixteenth century, and the causes and consequences of its demise in the twentieth century. It was a recognized principle of international law until the early years of this century that a state that emerges victorious in a war is entitled to claim sovereignty over territory which it has taken possession. Sharon Korman shows how the First World War - which led to the rise of self-determination and to calls for the prohibition of way - prompted the reconstruction of international law and the consequent abolition of the title by conquest. Her conclusion, which highlights the merits and defects of the modern law as a vehicle for discouraging war by denying the title to the conqueror, challenges many of the assumptions that have come to constitute part of the conventional wisdom of our times. This is a study, not of international law narrowly conceived, but of the place of a changing legal principle in international history and the contemporary world.
 

Contents

PART ONE THE RIGHT OF CONQUEST
5
The Right of Conquest in Relations between
41
The Right of Conquest in Relations between States
67
Conditions for the Validity of Title by Conquest
94
PART TWO THE DEMISE OF THE RIGHT
133
Legal Developments Regarding the Acquisition
179
International Reactions to the Acquisition
249
Continuing Problems Regarding
302
Bibliography
309
Index
324
Copyright

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About the author (1996)

Dr Sharon Korman is Israel specialist, Société Génd'erale Strauss Turnbull Securities Ltd., London

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