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Intertemporal Law, Recent Judgments And Territorial Disputes In Asia

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Chapter Summary

Asian colonialism has produced many unresolved conflicts that have divided parts of the region since the end of World War II. This chapter attempts to provide a broader framework for better resolutions of the territorial disputes that bedevil the Asian region, focusing on the bilateral relationship between the claimants in particular. Intertemporal law raises questions about what legal rules to apply to particular disputes at particular times. Territorial dispositions are generally matters of considerable importance to the various nations concerned, and most nations would doubtless desire that the disposing document be of substantial dignity, namely, a treaty. The Treaty of Peace of 1898 between the United States and Spain also contained a territorial clause on blanket renunciation. The general understanding of territorial disputes in international law has developed through decisions and awards by international judicial and arbitral bodies, and these cases generally involve either colonising countries or colonised/newly independent countries.

Keywords: Asian region; claimants; international law; intertemporal law; territorial disputes; Treaty of Peace; World War II



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