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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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Self-Determination, Human Rights, and the Attribution of Territory

Self-Determination, Human Rights, and the Attribution of Territory

Chapter:
(p.590) Self-Determination, Human Rights, and the Attribution of Territory
Source:
From Bilateralism to Community Interest
Author(s):

Malcolm N Shaw

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0038

The question of title to territory in international law represents a nuanced relationship between land, people, and the international community or, to put it another way, between the rights of the relevant people and the rights of States within the context of international legal regulation. Between the two extremes of the legal irrelevance of the views and rights of persons within the territory and the simple determinative character of such views, the concept of the attribution of title to territory has evolved through several distinct stages. In each stage the sophistication of the process may be seen as rather more evident than is often proposed.

Keywords:   international law, title to territory, human rights, international community, international legal regulation

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