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The United Nations Charter Principle of Territorial Integrity of States. The Uti Possidetis Doctrine as Element in State Succession

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Chapter Summary

There is a simple ellipsis in the Badinter Commission's findings as to the range and reach of the uti possidetis doctrine. In classical International Law it is regarded as a special, regional Latin American International Law doctrine, with its historical roots formed over the more than three centuries of administrative governance under the Spanish and Portuguese Colonial empires in the Americas. Within Latin America itself, there is some tendency today to restrict the application of the uti possidetis doctrine to its special historical fact-context in Latin America at the moment of independence from the European Imperial power. The Badinter Commission, in one of its most unexceptionable rulings, Opinion no. 9 of 4 July 1992, quite correctly made reference to the 1978 Vienna Convention on State Succession in respect of Treaties, and to the 1983 Vienna Convention on State Succession in respect of State Property Archives and Debts.

Keywords: 1983 Vienna Convention; Badinter Commission; uti possidetis doctrine

10.1163/ej.9789004158351.i-136.21
/content/books/10.1163/ej.9789004158351.i-136.21
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