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Books > Law > International law > Public international law > Treaties & other sources of international law
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The Right of Conquest - The Acquisition of Territory by Force in International Law and Practice (Hardcover, New)
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The Right of Conquest - The Acquisition of Territory by Force in International Law and Practice (Hardcover, New)
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The notion that a state that emerges victorious in war is entitled
to claim sovereignty over conquered territory in virtue of military
victory or conquest was a recognized principle of international law
until the early years of last century. This study is an inquiry
into the place of the right of conquest in international relations
since the early sixteenth century, and the causes and consequences
of its demise in the twentieth century.
Part 1 examines the theoretical foundations of the right of
conquest, its historical importance both in the establishment of
the European colonial empires and in the relations between the
European states themselves, and provides an analysis of the
traditional law of conquest. Part 2 shows how the First World War,
which led to the rise of self-determination and to calls for the
prohibition of aggressive war, prompted the reconstruction of
international law and the consequent rejection of the right of
conquest.
A number of case studies of the seizure of territory since 1945 -
including East Jerusalem and the Golan Heights, Goa, the Falkland
Islands, East Timor, and Kuwait - are used to evaluate the content
and effectiveness of the modern law.
Dr Korman concludes by examining the merits and defects of the
abolition of the right of conquest from the standpoints of
international order and justice.
The Right of Conquest has been widely praised. It was quoted in the
International Court of Justice in 2004, in submissions supporting
the UN General Assembly's request for an Advisory Opinion on the
legality of Israel's construction of the Separation Wall in the
Occupied Palestinian Territory.
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