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

Constituting The Self Through Territory: The Law And Practice Of Territorial Disputes And Boundary Drawing

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 explores the matters relating to history as well as boundary delimitation, especially the norm of uti possidetis juris. The Statute of the International Court of Justice (ICJ) is based on optional jurisdiction only available to states. Recent Third World ICJ territorial litigation forms part of a well-established and largely European tradition of adjudication and arbitration. Most postcolonial territorial disputes are rooted in colonial practice of the nineteenth century, thus requiring detailed explorations about the link between membership of international society and territorial title. The main territorial entity to emerge out of Berlin-style colonialism was the protectorate, which, like treaties of cession, was often based on arbitrary interpretations of sovereignty and personality. The most important device of temporality for postcolonial, and especially African, states has been the doctrine of uti possidetis juris.

Keywords: colonial practice; European tradition; International Court of Justice (ICJ); postcolonial territorial disputes



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:
    Boundaries of Discourse in the International Court of Justice — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation