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Mamadou Hébié

In this chapter, Mamadou Hébié examines whether colonial powers established territorial sovereignty during colonial expansion through original titles. This chapter analyses the legal significance of papal bulls, discovery, symbolic acts, occupation and effective occupation in the light of the international practice relating to colonialism. It determines which territories were concerned as terrae nullius, and inquires whether the right of local political entities to the sovereignty over their territories was recognized.

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Mamadou Hébié

In this chapter, Mamadou Hébié examines the conditions upon which colonial powers acquired derivative titles of sovereignty over territories belonging to local political entities. It reviews the different legal frameworks applicable to the use of force during colonial practice, as well as the legal significance of the agreements concluded between colonial powers and local political entities. Taking into account the possibility for acquiescence to create new territorial situations, the chapter examines the conditions under which a claim of acquiescence can prosper in such unequal relations such as those that often existed between colonial powers and local political entities.

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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.

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Edited by Marcelo G. Kohen and Mamadou Hébié

Despite globalization and the increasingly transnational character of human activities, territorial disputes remain a significant source of tensions in international relations and constitute a large share of inter-state cases brought before international tribunals and courts. The Research Handbook on Territorial Disputes in International Law analyses the concepts, technical rules, and norms applicable to territorial disputes.