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Consequences of Unlawfulness

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Chapter Summary

This chapter considers the normative impact of a definition of unlawfulness of a certain territorial situation. It looks at the meaning of 'unlawful' in terms of general theory of invalidity. It tries to spell out the difficulties involving a satisfactory and comprehensive theory of 'invalidity' of territorial situations. The chapter reviews the way a determination of unlawfulness can influence the application of other relevant norms regulating the underlying political disputes, in particular the norms concerning the use of force, the law of belligerent occupation and the creation of states. It examines another important legal consequence of a situation of territorial unlawfulness, the question of international responsibility, which helps us define the exact borders of the primary norms protecting states' and peoples' territorial sovereignty. The chapter considers the legitimacy concept and its crucial relevance to the legal description of unlawful territorial situations, in particular its relevance for the 'legalisation' of effectiveness.

Keywords: consequences of unlawfulness; legitimacy; state responsibility; territorial situations; theory of invalidity

10.1163/ej.9789004149397.i-308.32
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