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Marcelo G. Kohen

This chapter reviews the different types of titles to territory, focusing on those relating to territorial sovereignty. It discusses some doctrinal theories that have been controversial, such as the historical consolidation of titles and acquisitive prescription. It follows a discussion on the content and scope of the exercise of state authority over a territory, known by the French term effectivités. It concludes with an analysis of the relationship between titles and effectivités. A table summarizing the titles of territorial sovereignty is appended to this chapter.

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Marcelo G. Kohen

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Marcelo G. Kohen

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Marcelo G. Kohen

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Marcelo Kohen and Mara Tignino

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Edited by Marcelo G. Kohen and Mamadou Hébié

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Edited by Marcelo G. Kohen and Mamadou Hébié

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Marcelo G. Kohen and Mamadou Hébié

In this introduction, Marcelo G. Kohen and Mamadou Hébié present the topic and explain the main methodological choices that the editors have made to structure the international law framework applicable to territorial disputes.

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Marcelo G. Kohen and Mamadou Hébié

This chapter introduces the international law framework applicable to territorial disputes and provides an overview of the entire content of the book. Starting with a definition of the terms that delimit the field of the present inquiry, Marcelo G. Kohen and Mamadou Hébié explore important cornerstones of the law applicable to territorial disputes. Thus, the authors proposes a method for analysing territorial disputes, before addressing the impact of the fundamental principles of international law on the settlement of territorial disputes. Among these principles, the authors assess the relevance of the principle of territorial integrity, of the right of peoples to self-determination and of the prohibition of the use of force. Finally, the authors explore the legal significance of technical rules of international law, such as the intertemporal law principle, the critical date and the rules governing evidence, in the assessment of territorial claims.

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Marcelo G. Kohen and Mamadou Hébié

Territorial conflicts have always been at the core of international relations. The manner in which international law deals with them reveals the character of the legal system. The acquisition of territorial sovereignty is built around the two main cornerstones: the pre-eminence of title over effectivités and the critical importance of the requirement of consent in modifying situations.