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With a New Introduction by Marcelo G. Kohen

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.

A reappraisal of the limits of legal imagination in international affairs

This book presents a message that there is no effective international legal order to restrain the unilateralism of States. It provides the basic reasons which make unilateralism inevitable. States owe their existence to a matter of historical fact and do not have their statehood conceded to them by a higher authority. The book underlines that it is essential for the discipline of international law to recognise that international society consists of frightened 'independent States', embroiled in an anxiety-ridden drive to secure their own existence, while enveloping themselves in the 'lawfare' of the value nihilism which underlies modern legal positivism. The wider context is a commitment to a classical ontology of natural law and to a more usual understanding of decadence, whether of international law or anything else. The book deconstructs the illusory fabric of an international legal community supposedly resting in a common consciousness of a customary international law. International law doctrine asks us to imagine that States have a juridical conscience (an opinion juris) which evolves historically, as they become aware of how their repeated conduct reflects a juridical conviction that this conduct is required by Law. This view of international law as rooted finally in custom is an illusion of nineteenth-century legal historicism which was already bankrupt by 1914, with the disintegration of European civilisation in the Great War.

R. Y. Jennings

for a change of title and which may perhaps be called the principle of historical continuity. Mention has already been made in an earlier lecture of a kind of principle of inertia by which the frontiers of territorial units tend—except in those few areas where world tensions focus—to persist even through changes of sovereignty. The argument that what has at some time in the past been a territorial unit of nationhood, or even a territorial unit of the administration by a colonial power, should persist under a new sovereignty, may run directly counter to the direction

in The Acquisition of Territory in International Law
Anthony Carty

consciousness, which is tied precisely to the sense of a continued loss of lands since the 1920s. For instance, Said puts it in these words: ‘the principal tenets of Palestinian identity therefore are built upon the need for the repossession of the land, and of the realisation of Palestinian statehood’.111 Such a concept of nationhood is not distinct from the European tradition which was considered in Chapter 3. Murlakov speaks of emotional ties to lands lost, an idealisation of the past, belief in a Palestinian role as forerunners of general Arab revolution, all of which

in The decay of international law
Hilary Charlesworth
Christine Chinkin

, limited, exception is in the specialised area of human rights, most particularly the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women in 1979. 97 This contrasts with the phenomenon of racial discrimination. Decolonisation from 1945 onwards ensured that the injustices of racial discrimination and apartheid became linked with nationhood and thus were aired in

in The boundaries of international law
Richard Parrish

characteristic of nationhood. Political systems need to be held together by more than the glue of economics, they need to be socially constructed. The EU has acknowledged this problem. Whilst the elitist and bureaucratic path to integration in the 1950s and 1960s created the ‘new Europe’, the lack of popular involvement in the project failed to create ‘new Europeans’. The crisis of European integration in the 1970s contributed to the birth of the people’s Europe agenda in the mid-1980s.9 The failure of the people’s Europe agenda to establish itself resulted in widespread

in Sports law and policy in the European Union
Laura Cahillane

the status of British citizenship as such’.34 Mary Daly has described the form of ‘local citizenship’ which existed in the Dominions as purely domestic.35 This notion was set out by Patrick McGilligan36 during a speech to the Imperial Conference in 1930: ‘At present when a Canadian, South African or New Zealand national goes to France or Germany or even to Great Britain he loses his national identity. He becomes one of the vast mass of British subjects without legal right or title to be proud of his particular nationhood.’37 Kohn, Constitution of the Irish Free

in Drafting the Irish Free State Constitution
Jarosław Kuisz

European nationalism; however, under Orbán and Kaczyński, nationhood was oriented toward a more exclusive vision, flirting with xenophobia. To protect the nation became the main point of the political agenda. Consequently, the global wave of seeking “to take back control” was translated in Central and Eastern Europe into the need for a strong nation-state fit for the challenges of

in The new politics of Poland
Hilary Charlesworth
Christine Chinkin

’s recognition of their sovereignty; but they also depend on ideas about masculinized dignity and feminized sacrifice to sustain that sense of autonomous nationhood. 194 International law operates in the public, male world. While it formally removes ‘private’ concerns from its sphere, the international

in The boundaries of international law