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Settlement Of Territorial And Boundary Disputes

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Chapter Summary

One of the most basic goals of the international community is to achieve peace and security. Accordingly States must establish patterns of behaviour for the mutual accommodation of conflicting interests. The existing dispute resolution mechanisms are just for this purpose. Territorial claims are claims to particular territory made by a state either seeking sovereignty or affirming its pre-existing sovereignty over that territory. Treaties, effective control, uti possidetis, geography, economy, history, culture, elitism, ideology, strategy, convenience and necessity, and State interests, etc. have been used by states as the justifications to claim some titles. The critical date is most frequently resorted in territorial and boundary disputes. In international law, it refers to the point of time falling at the end of a period within which the material facts of a dispute are said to have occurred.

Keywords: critical date; dispute resolution mechanisms; international law; legal justifications; territorial and boundary disputes

10.1163/ej.9789004174283.i-242.12
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