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Professor Stephen Neff | Edinburgh Law School

Annexation International law International law Contents Pt. Skip to content Skip to search. To purchase, visit your preferred ebook provider. Professor David Kennedy, Harvard Law School "This stimulating book deals with a long-neglected and often-misunderstood subject.

The Right of Conquest

Changing Worlds David W. By Sharon Korman. Oxford, New York: Oxford. See a Problem?

Yves Winter

The answer to conquest — was simply counter-conquest. And once such a counter-conquest succeeded, international lawyers simply bestowed their measure of legality upon that newly-created, or recently-restored territorial reality. Not until the 20th century, following the establishment of the League of Nations and its nucleus of international multilateralism — was the legitimacy of forceful conquest ever seriously questioned.

Much of the same can be said of the establishment of the League of Nations a century ago Prior to WWI, the world had never witnessed killing on such an industrial scale. Yet in fact, the shift towards the self-determination of peoples was initially not American but Bolshevik.


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If territorial annexation was no longer internationally- attainable, then other means for territorial acquisition could be construed. French interests in North Africa and Syria, and British interests in the locomotion of oil from Iraq to the Mediterranean had to be accommodated for. Britain might not have been the owner of the Near East from Iraq to the Mediterranean — but it was its custodian.

Territorial Conquest: Its Prevalence, Demise, and Resurfacing: 1880s – The Present

And as such — it had full sovereignty over this territory through which the oil in its Trans-Arabian Pipeline now flowed. In Cameroon, land was not leased to British colonial plantation farmers. It was sold to them. Alsace and Lorraine returned to victorious France.

Yet the French demand for annexation of the Rhineland was rejected outright by Wilson.

A quarter of a millennium later, and with the Rhineland firmly ethnically German as opposed to Alsace and Lorraine , a transferal of its sovereignty to France solely due to security concerns was no-longer viable. In the wake of the new international realities of self-determination, a new legal concept was firstly devised especially for the Rhineland: Military Occupation. Were Berlin to default on its unimaginable reparative payments to France and Belgium, the latter would be allowed to extract their payments directly from the Rhineland.

Pounding the German occupied population to dust, Germany eventually resorted to the evacuation of some , malnutrition children out of the Ruhr and the Rhineland eastwards, curing them from nutrition-based bone diseases such as rickets. All political problems — it seemed - could be miraculously worked over through seemingly-objectivist legal means.

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The State’s Right to Property Under International Law

Labouring tirelessly for a multilateral collective security, in , the French and U. The very first country to adopt this Pact was none other than Germany. Universalist Humanism seemed to finally reign in Power-Politics. War was no longer legal.

Jurisdiction of States explained - International Law - Lex Animata - Hesham Elrafei

War might have been outlawed. Yet vile and cruel hand of military occupation was here to stay. It was a recognized principle of international law until the early years of this century that a state that emerges victorious in a war is entitled to claim sovereignty over territory which it has taken possession.

Sharon korman the right of conquest the acquisition

Sharon Korman shows how the First World War - which led to the rise of self-determination and to calls for the prohibition of way - prompted the reconstruction of international law and the consequent abolition of the title by conquest. Her conclusion, which highlights the merits and defects of the modern law as a vehicle for discouraging war by denying the title to the conqueror, challenges many of the assumptions that have come to constitute part of the conventional wisdom of our times.


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  5. This is a study, not of international law narrowly conceived, but of the place of a changing legal principle in international history and the contemporary world.