The legitimacy of acquisition of state territory

• Author: Leonid Tymchenko, Valeriy Kononenko
• Position: University of the State Fiscal Service of Ukraine, Ukraine/lawyer, Ukraine
• Pages: 149-161

The legitimacy of acquisition of state territory

PhD. Leonid TYMCHENKO1

PhD. Valeriy KONONENKO2

Abstract

Nowadays academia offers new app roaches to understanding of state borders,

territorial dispu tes, armed conflicts and wars. While the principles of territorial integrity

and inviolability of frontiers are central to the current system of international law, they are

sometimes inoperative before the law of force. Moreover, the peaceful resolution of

territorial disputes contributes to international security. The purpose of th is article is to

examine the problems of the legitimacy of acquisition of territory in the p ast and present, as

well as to provide insight into some issues related to the state sovereignty over disputed

areas in international territor ial disputes. The historical, comparative, inductive methods

were used while researching the problem of legitimacy of acquisition of state territory. The

study may be implicated during taking decisions concerning investments in Crimea,

Transnistria or Nagorny Karabakh.

Keywords: International Court of Justice; arbitration; territorial disputes;

effectivities; state sovereignty; occupation.

JEL Classification: K33

1. Introduction

The principles of territorial integrity and inviolability of borders occupy a

central place in the modern system of international law, being a democratic

governing source of international law, norms of universal character. At the same

time, in the interconnected system of international relations in the context of

globalization, it is difficult to count on the isolation of conflicts even in bilateral

relations, without greater or lesser involvement of third parties. Thus, the peaceful

settlement of international disputes requires that the interests of all parties to

international communication be fully taken into account and that specific situations

be linked to broader international security imperatives.

In the current international process, the examination of territorial disputes

between states is carried out in accordance with the provisions of Article 38 of the

Statute of the ICJ, which contains the list of sources of international law that the

Court applies, including their subsequent development, as well as the case law of

other international judicial institutions. The establishment of international courts,

the development of the international judicial process and the formation of modern

international judicial institutions' case law are the result of the institutionalization

of international relations and the introduction of the international control over the

1 Leonid Tymchenko – University of the State Fiscal Service of Ukraine, Ukraine, ltymch@ukr.net.

2 Valeriy Kononenko – lawyer, Ukraine, advokatkononenko@ukr.net.