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Defining the Boundaries of Legality: Unlawfulness of Territorial Situations

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Chapter Summary

This chapter outlines the way principles of substantive legality influence and determine territorial situations, completing a preliminary theoretical framework based on the dialectical tension between effectiveness and legality. It defines the unlawfulness of territorial situations with respect to four legal principles and corresponding norms: a) the prohibition of the use of force as a mode of acquisition of territory or change of territorial status of a certain region; b) the principle of uti possidetis; c) the right to self-determination; d) the principle of territorial integrity. The chapter concludes by identifying some of the inconsistencies and difficulties that characterise legality discourse with respect to territorial situations.

Keywords: boundaries of legality; self-determination; territorial integrity; territorial status; unlawfulness of territorial situations; uti possidetis



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