Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-skm99 Total loading time: 0 Render date: 2024-04-27T00:33:44.879Z Has data issue: false hasContentIssue false

1 - Creation of internationalised territories

Published online by Cambridge University Press:  11 August 2009

Bernhard Knoll
Affiliation:
OSCE Office for Democratic Institutions and Human Rights
Get access

Summary

Referring to processes and methods of transferring effective control over territory, this first chapter concentrates on territories under international administration as experimental models of ‘restricted sovereignty’. One of its major thrusts consists in arguing that the demands of political reality have forced sovereign states for centuries to consent to agreements by which they relinquished a portion of their sovereignty – of the suprema potestas – in favour of another sovereign entity. Likewise, as James Crawford pointed out, the establishment of autonomous entities under a form of international protection, supervision, or guarantees has been a ‘persistent form of organisation of territories disputed between States on strategic or ethnic or other grounds’. We shall pursue these two arguments by interrogating an analogy, drawn by Grotius, Pufendorf and Selden, between the Roman private law concept of dominium and sovereignty over territory. While the analogy allows us to grasp the key conception of the institution of ‘legal sovereignty’, it also permits us to examine the various practices which were instrumental in devising exceptions to the application of dominium over territory. We will hence begin by adopting an in rem perspective in order to capture international legal solutions that were applied to situations in which title to territory had been divorced from imperium, or what German constitutional doctrine refers to as Gebietshoheit.

Type
Chapter

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×