Through the analysis of the most relevant international jurisprudence and academic legal works on the topic this contribution presents some of the most important features of boundaries in international law. It is divided in two parts. The first section focuses on the establishment of international boundaries and the different stages through which this result is achieved. It begins by outlining how a boundary has no effect on the existence of a state and clarifies some terminological issues such as the differences and analogies between the ‘definition’, ‘delimitation’, ‘attribution’ and ‘demarcation’ of boundaries. Then, it focuses on the principles governing boundary delimitation, mainly consent and uti possidetis juris to the exclusion of other elements that are deemed immaterial in such operation. The role played by third parties in international boundaries delimitations completes the first part. The second part focuses on the international law framework applicable to international boundaries and first tackles the principles and rules of general international law that are applied to those boundaries. This section emphasizes the principles of stability and finality of boundaries, as well as the principle of inviolability of boundaries and territorial integrity. The examination of international treaty law dealing mainly with the extinction of boundary treaties, states succession to boundary treaties and the interpretation of such treaties precedes a few conclusions.
Boundaries / Nesi, Giuseppe. - STAMPA. - (2018), pp. 193-233.
Boundaries
Giuseppe Nesi
2018-01-01
Abstract
Through the analysis of the most relevant international jurisprudence and academic legal works on the topic this contribution presents some of the most important features of boundaries in international law. It is divided in two parts. The first section focuses on the establishment of international boundaries and the different stages through which this result is achieved. It begins by outlining how a boundary has no effect on the existence of a state and clarifies some terminological issues such as the differences and analogies between the ‘definition’, ‘delimitation’, ‘attribution’ and ‘demarcation’ of boundaries. Then, it focuses on the principles governing boundary delimitation, mainly consent and uti possidetis juris to the exclusion of other elements that are deemed immaterial in such operation. The role played by third parties in international boundaries delimitations completes the first part. The second part focuses on the international law framework applicable to international boundaries and first tackles the principles and rules of general international law that are applied to those boundaries. This section emphasizes the principles of stability and finality of boundaries, as well as the principle of inviolability of boundaries and territorial integrity. The examination of international treaty law dealing mainly with the extinction of boundary treaties, states succession to boundary treaties and the interpretation of such treaties precedes a few conclusions.File | Dimensione | Formato | |
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Boundaries - Handbook Territorial Disputes.pdf
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