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The Right of Conquest: The Acquisition of Territory
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The notion that a state that emerges victorious in war is entitled to claim sovereignty over conquered territory in virtue of military victory or conquest was a recognized principle of international law until the early years of last century. This study is an inquiry into the place of the right of conquest in international relations since the early sixteenth century, and the causes and consequences of its demise in the twentieth century.
Part 1 examines the theoretical foundations of the right of conquest, its historical importance both in the establishment of the European colonial empires and in the relations between the European states themselves, and provides an analysis of the traditional law of conquest. Part 2 shows how the First World War, which led to the rise of self-determination and to calls for the prohibition of aggressive war, prompted the reconstruction of international law and the consequent rejection of the right of conquest.
A number of case studies of the seizure of territory since 1945 - including East Jerusalem and the Golan Heights, Goa, the Falkland Islands, East Timor, and Kuwait - are used to evaluate the content and effectiveness of the modern law.
Dr Korman concludes by examining the merits and defects of the abolition of the right of conquest from the standpoints of international order and justice.
The Right of Conquest has been widely praised. It was quoted in the International Court of Justice in 2004, in submissions supporting the UN General Assembly's request for an Advisory Opinion on the legality of Israel's construction of the Separation Wall in the Occupied Palestinian Territory.
- Sales Rank: #4058703 in Books
- Brand: Brand: Oxford University Press, USA
- Published on: 1996-12-05
- Original language: English
- Number of items: 1
- Dimensions: 8.75" h x .98" w x 5.63" l, 1.27 pounds
- Binding: Hardcover
- 352 pages
- Used Book in Good Condition
Review
"A work of sweeping scope ... balanced and judicious. The thinking is lucid yet refined Korman's work is the most up-to-date study of seizure of territories, and the only one that charts the progress of both the ideology and the application of the right of conquest and the political events and legal principles that gradually undermined and finally dismantled it." - Stanford Journal of International Law
"[T]he book...won the affection of this reviewer for the elegance of its style and the lightness with which Dr Korman wears her learning...There can be few more important issues than that addressed by Dr Korman in this elegant and erudite book; and it is hard to imagine a better written analysis of it." - Vaughan Lowe - War in History
"[A]n excellent doctrinal history...Kormans intense passion for her subject is clear." - David Kennedy - American Journal of International Law
"[A] brilliant study." - French Yearbook of International Law
"...immensely stimulating." - British Year Book of International Law
"Written in a lucid style that sets it apart from many works on international law, the work combines meticulous scholarship in international law with forward-looking International Relations thinking." - NOD & Conversion
"An impressive and deeply analytical book." - International and Comparative Law Quarterly����
From the Inside Flap
Sharon Korman is a former Senior Associate Member of St Antony's College, Oxford. For the doctoral dissertation on which this book is based she won the 1992 British International Studies Association Prize for the best thesis on International Relations in the United Kingdom.
From the Back Cover
The notion that a state that emerges victorious in war is entitled to claim sovereignty over conquered territory in virtue of military victory or conquest was a recognized principle of international law until the early years of this century. This study is an enquiry into the place of the right of conquest in international relations since the early sixteenth century and the causes and consequences of its demise in the twentieth century. Part 1 examines the theoretical foundations of the right of conquest, its historical importance both in the establishment of the European colonial empires and in the relations between the European state themselves, and provides an analysis of the traditional law of conquest. Part 2 shows how the First World War, which led to the rise of the principle of self-determination and to calls for the prohibition of aggressive war, prompted the reconstruction of international law and the consequent rejection of the right of conquest. A number of case studies of the seizure of territory since 1945 - including East Jerusalem and the Golan Heights, Goa, the Falkland Islands, East Timor, and Kuwait - are used to evaluate the content and effectiveness of the modern law. Sharon Korman concludes by considering the merits and defects of the abolition of the right of conquest from the standpoints of international order and justice.
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