Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

On the Borders of Justice: an Examination and Possible Solution to the Doctrine of Uti Possidetis

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter briefly examines the conflict between the right of self-determination and sovereignty. The conflict between self-determination and sovereignty rests on the question, what is the extent to which the right of self-determination grants a "people" the ability to control territory in a fashion that may conflict with a pre-existing state's sovereignty over that same territory. The chapter analyzes the history, the successes and failures of uti possidetis in governing the borders of emerging states. The current application of the doctrine is tied to its historical development: its origin in Roman property law, its emergence in international law during decolonization in Latin America, its use during the post-World War II decolonization of Africa, and its application in Eastern Europe as new states emerged after the collapse of the Soviet Union. The chapter provides possible solutions to the shortcomings in governing the borders of emerging states.

Keywords: international law; Roman property law; self-determination; sovereignty; uti possidetis



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Progress in International Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation