Research Handbook on Territorial Disputes in International Law
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Research Handbook on Territorial Disputes in International Law

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.
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Chapter 11: Time factor and territorial disputes

Giovanni Distefano

Abstract

This chapter examines two indispensable tools to deal with the impact of the time dimension on territorial disputes. On the one hand, the author examines the critical date which determines the date when a tribunal will place itself to determine the weight of the claims of the parties. On the other hand, the author discusses the intertemporal principle which aims to account for the impact of changes in rules and principles of international law, the determination of the applicable law and the survival of legal situations.

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