Toward Stronger Rule of Law Against Attempts to Acquire Territory by Force : A Practitioner’s View / by Tomohiro Mikanagi.

Format:

Book

Author/Creator:

Mikanagi, Tomohiro.

Series:

SpringerBriefs in Law, 2192-8568

Language:

English

Subjects (All):

International law.

Peace.

International organization.

Security, International.

Public International Law.

Sources and Subjects of International Law, International Organizations.

Peace and Conflict Studies.

International Organization.

International Security Studies.

Local Subjects:

Public International Law.

Sources and Subjects of International Law, International Organizations.

Peace and Conflict Studies.

International Organization.

International Security Studies.

Physical Description:

1 online resource (140 pages)

Edition:

1st ed. 2025.

Place of Publication:

Singapore : Springer Nature Singapore : Imprint: Springer, 2025.

Summary:

This book addresses one of the most pressing issues of international law in recent years, attempts to acquire territory by force. When powerful States are not satisfied with territorial status quo and are unwilling to give up their interests for peace, there is an inherent difficulty in stopping their attempts to acquire territory by force. This book will review the efforts made so far to stop such attempts, examine the current state of rules of international law against them, and explore how rule of law can be strengthened. It is written by a former legal advisor who participated in the proceedings of the International Court of Justice (ICJ) for the Advisory Opinion issued on July 19, 2024. Based on the approach often taken by practitioners working for governments, who tend to appreciate narrative based on persuasive evidence and logic and increasingly rely on views expressed by courts and tribunals, the scope of the prohibition of acquisition of territory by force and, as an alternative rule, the prohibition of use of force is examined. Acts constituting attempts to acquire territory by force and their contexts which contribute to the violation of the two prohibitions will be analysed, and cases likely to amount to their violation will be explored. It will also discuss whether States can acquire territory by use of force in self-defence and examine obligations arising from the violation of the prohibition of acquisition of territory by force for third States.

Contents:

Introduction and Overview

Efforts to Overcome Inherent Difficulty in Outlawing Forcible Territorial Acquisition since 1919

Scope of the Prohibition of Acquisition of Territory by Force (PATBF) and the Prohibition of Use of Force (PUF)

Effect of the Prohibition of Acquisition of Territory by Force

Remaining Challenges

Index.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

9789819528141

OCLC:

1561088103