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Title to Territory in AfricaInternational Legal Issues$
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Malcolm Shaw

Print publication date: 1986

Print ISBN-13: 9780198253792

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198253792.001.0001

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Statehood, Territory, and Title

Statehood, Territory, and Title

(p.145) 4 Statehood, Territory, and Title
Title to Territory in Africa

Malcolm Shaw

Oxford University Press

The concept and consequences of statehood play a crucial role within the body of international law. However, historically, statehood in the international laws has been an ambiguous amalgam of law and fact. Through the break-up, secession, and the absence of terrae nuclluis, the creation of new states proceeded, prompting the re-examination of the nature and relevance of the traditional criteria for statehood and territory in the international law. This chapter discusses different conflicts and issues arising from the doctrine of statehood, territory, and title. It focuses on the issue of the birth of a new state as an issue of fact or law, and tackles the relationship between effectiveness and various principles of the international law regarding the doctrine of statehood. Of special interest are the concept of self-determination and the extent of influence and changes it has brought to the traditional criteria of statehood. Discussion also revolves around the nature and status of dependent territories and the impact of international constitutional documents such as the UN Charter. The question of the legal personality of newly formed states is included as well.

Keywords:   statehood, international law, new states, territory, title, self-determination, dependent territories, UN Charter

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