The Right of Conquest: The Acquisition of Territory by Force in International Law and PracticeThis 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
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 |
Other editions - View all
The Right of Conquest: The Acquisition of Territory by Force in ... Sharon Korman No preview available - 1996 |
Common terms and phrases
acquiring territory acquisition of territory aggression aggressor Allies Alsace-Lorraine annexation applied argued Article belligerent occupation Britain British century cession Charter claim Clarendon Press colonial conquered territory conqueror consent Covenant debellatio declared defeated doctrine East Jerusalem East Timor effect Europe European fact Falkland Islands forcible French frontier German Golan Heights Grotius Hedley Bull Ibid illegal India Indonesia inhabitants International Law Israel Israeli justified Kellogg-Briand Pact Kuwait Law of Nations laws of war League of Nations London military occupation moral non-recognition Oxford Pact partition partition of Poland Peace Conference plebiscite Poland political possession powers principle of self-determination prohibition Prussia recognized relations Resolution right of conquest rule sect Security Council self-defence self-determination settlement Silesia sovereign sovereignty Soviet Union territorial acquisition territorial changes territorial integrity territory by force threat tion tional title by conquest title to territory treaty of peace United Nations University Press unlawful validity Vattel victory violation World