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Statehood and Territorial Sovereignty: the Tradition of Concreteness and Realism

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Chapter Summary

This chapter investigates the significance of effectiveness in the legal definition of statehood, and how the concept of state in international law is transposed to the relationship of sovereignty that the state may have with a certain territory. In other words, the implications of the concept of effectiveness for international law issues concerning the question of unlawful territorial situations will be considered, namely statehood, territorial sovereignty and military occupation. The chapter examines the material concept of state in its theoretical and jurisprudential elaboration, by looking at effectiveness in its internal and external dimensions. It assesses how effectiveness discourse has been transposed in the legal definition of territorial sovereignty. In particular, the chapter deals with the notion of territory and the classic modes of acquisition of territory, and how these aspects of international law have been affected by the concept of effectiveness.

Keywords: international law; military occupation; statehood; territorial sovereignty; unlawful territorial situations



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