The Acquisition of Territory in International Law

With a New Introduction by Marcelo G. Kohen

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R. Y. Jennings
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The author of this book, Sir Robert Yewdall Jennings, was one of the most distinguished British specialists in the field of International Law of the last century. The book starts with the traditional analysis of the different 'modes' of acquisition of territorial sovereignty as developed in doctrine since the very beginning of the science of international law. One of the merits of the book is precisely that, instead of focusing exclusively on or absolutely disregarding them, an approach other authors had adopted, it harmonizes the traditional modes with other elements that may influence the determination of sovereignty and that were not taken into account in the past. The traditional five 'modes' of acquisition of territorial sovereignty described by doctrine were: (1) occupation (2) prescription (3) cession (4) accession or accretion and (5) subjugation or conquest. In order to encompass other elements coming into play in the analysis of the acquisition of territorial sovereignty, the book included references to two devices of use in any dispute about territory: intertemporal law and the critical date. To complete the picture, a separate chapter of the book considers the place of recognition, acquiescence and estoppel in the realm of acquisition of title to territorial sovereignty. The book also clarifies the scope of estoppel in the field. It cannot by itself constitute a root of title, but it can assist in its determination.

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