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International Law

2006

Boundary settlement and negotiations

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Land Feuds And Their Solutions: Finding International Law Beyond The Tribunal Chamber, Steven R. Ratner Jan 2006

Land Feuds And Their Solutions: Finding International Law Beyond The Tribunal Chamber, Steven R. Ratner

Articles

The resolution of conflicting claims to land has long stood at the heart of the project of international law. Indeed, the encounter between the order envisaged by advocates of the law of nations and what Georges Scelle called the" obsession with territory" has been a defining struggle for our field, demonstrating to some its promise and to others its futility. Much, perhaps even most, legal scholarship on this subject over the last century has focused on adjudication by ad hoc tribunals or standing courts, in which jurists have derived and invoked hallowed principles that enabled them to draw lines-across mountains, …