Bibliographic citations
Crosato, A., (2016). De Facto Control of Territory in International Law: A Study into the Rights and Obligations of States in Disputed Territories [Geneva Graduate Institute]. https://renati.sunedu.gob.pe/handle/sunedu/3163091https://repository.graduateinstitute.ch/record/294399
Crosato, A., De Facto Control of Territory in International Law: A Study into the Rights and Obligations of States in Disputed Territories []. CH: Geneva Graduate Institute; 2016. https://renati.sunedu.gob.pe/handle/sunedu/3163091https://repository.graduateinstitute.ch/record/294399
@mastersthesis{renati/3353,
title = "De Facto Control of Territory in International Law: A Study into the Rights and Obligations of States in Disputed Territories",
author = "Crosato Neumann, Alfredo Carlos Ricardo",
publisher = "Geneva Graduate Institute",
year = "2016"
}
This dissertation analyzes what are the rights and obligations of States with respect to disputed territories. It lies on two main postulates: first, there is a practical need to recognize the reality on the ground and deal with the State in actual and effective control of a disputed territory, regardless of whether it is the rightful sovereign. Second, facts alone do not determine the law, and one must identify the relevant rule or rules that allow dealing with that State. We conclude that there is a rule of general international law, permissive in nature, by virtue of which the factual situation may be recognized. The State controlling a disputed territory can assume rights and obligations on behalf of it, and third States that enter into relations with the latter do not, in principle, violate international law. Any right or obligation assumed is provisional, pending the settlement of the dispute. Furthermore, the rule may be subject to certain limitations, which become less stringent with the passage of time.
File | Description | Size | Format | |
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CrosatoNeumannACR.pdf Restricted Access | Disertación (abierta en repositorio de origen) | 830.08 kB | Adobe PDF | View/Open Request a copy |
Autorizacion.pdf Restricted Access | Autorización del registro | 430.03 kB | Adobe PDF | View/Open Request a copy |
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