Chapter

Statehood, Territory, and Title

Malcolm Shaw

in Title to Territory in Africa

Published in print March 1986 | ISBN: 9780198253792
Published online March 2012 | e-ISBN: 9780191681424 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198253792.003.0005
Statehood, Territory, and Title

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The concept and consequences of statehood play a crucial role within the body of international law. However, historically, statehood in the international laws has been an ambiguous amalgam of law and fact. Through the break-up, secession, and the absence of terrae nuclluis, the creation of new states proceeded, prompting the re-examination of the nature and relevance of the traditional criteria for statehood and territory in the international law. This chapter discusses different conflicts and issues arising from the doctrine of statehood, territory, and title. It focuses on the issue of the birth of a new state as an issue of fact or law, and tackles the relationship between effectiveness and various principles of the international law regarding the doctrine of statehood. Of special interest are the concept of self-determination and the extent of influence and changes it has brought to the traditional criteria of statehood. Discussion also revolves around the nature and status of dependent territories and the impact of international constitutional documents such as the UN Charter. The question of the legal personality of newly formed states is included as well.

Keywords: statehood; international law; new states; territory; title; self-determination; dependent territories; UN Charter

Chapter.  15025 words. 

Subjects: Constitutional and Administrative Law

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