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Conclusions: Reconciling Effectiveness, Legality and Legitimacy

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Chapter Summary

This concluding chapter recaps the main points developed in the book Unlawful Territorial Situations in International Law: Reconciling Effectiveness, Legality and Legitimacy. It examines the broader implications of the findings of the book for the current state of international law. More specifically, the chapter reflects on the effectiveness of international law towards unlawful territorial situations, by reverting Jellinek's maxim die normative Kraft des Faktischen and looking at die faktische Kraft des Normativen. It finally presents some additional considerations on the possible reconciliation between effectiveness, legality and legitimacy in international law and on the enduring vitality of the concept of effectiveness.

Keywords: concept of effectiveness; international law; legality; legitimacy; territorial situations; territorial sovereignty



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