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
SUMMARY

Nowadays academia offers new approaches to understanding of state borders, territorial disputes, 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... (see full summary)

 
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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.

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