An increasing reference to equity can be seen in recent international treaties, despite the general and sustainable, criticism of its application to the legal relations between states on the grounds of its subjectivity. Be that as it may, States tend to insert equitable provisions in treaties, either in the preamble or in the operative clauses, particularly those dealing with dispute settlement. This is a direct reflection of the States' awareness of the need for a practical response to changes or new developments in international relations which cause or may cause gaps in the existing rules of international law.

This book analyzes the traditional criteria of territorial acquisition and demonstrates their inadequacies in the modern context. It also addresses contemporary territorial doctrines and conflicts. It regards territorial acquisition as a comprehensive process involving various considerations leading to the establishment or transfer of exclusive control over territory. This approach has many advantages and adds to the development of the law of territorial acquisition. The author also provides an analysis of the claims and counter-claims in major contemporary territorial disputes and suggests appropriate legal perspectives bearing upon decision-making in regard to them. This book will be highly useful to students, academics and practitioners in the field of international law, as well as all governments and institutions dealing with territorial matters.

Territorial disputes remain a significant source of tension in international relations, representing an important share of interstate cases brought before international tribunals and courts. Analysing the international law applicable to the assessment of territorial claims and the settlement of related disputes, this Research Handbook provides a systematic exposition and in-depth discussions of the relevant key concepts, principles, rules, and techniques. Combining extensive knowledge from across international law, Marcelo Kohen and Mamadou Hébié expertly unite a multinational group of contributors to provide a go-to resource for the settlement of territorial disputes. The different chapters discuss the process through which states establish sovereignty over a territory, and review the different titles of territorial sovereignty, the relation between titles and effectivités, as well as the relevance of state conduct. Select chapters focus on the impact of foundational principles of international law such as the principle of territorial integrity, the right of self-determination and the prohibition of the threat or use of force, on territorial disputes. Finally, technical rules that are crucial for the assessment of territorial claims, especially the techniques of intertemporal law and critical date, as well as evidentiary rules, are presented. An essential resource for practitioners, international law academics and public officials including judges and arbitrators, this Research Handbook is a highly original collection of scholarship and research on territorial disputes and their settlement. Contributors include: M.J. Aznar, T. Christakis, A. Constantinides, K. Del Mar, G. Distefano, M. Hébié, P. Klein, M. Kohen, V. Koutroulis, S. Lee, G. Nesi, K. Parlett

As China becomes more integrated in global economic and political systems, it has become inevitable that it engages fully and actively in the international legal system. Notably missing in China s international engagement is its participation in international institutions on third party settlement of disputes, including territorial and boundary disputes. This work argues that, contrary to conventional understanding, much could be gained by China if it were to have a more positive attitude towards third-party settlement of its territorial and boundary disputes. This volume examines both the problems and opportunities China is confronting within the changing international context and offers new frameworks for settlement of China s major territorial and boundary disputes.