Use this URL to cite or link to this record in EThOS: https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.554895
Title: Historic titles in international law
Author: Blum, Yehuda Zvi
ISNI:       0000 0000 8168 8353
Awarding Body: London School of Economics and Political Science (LSE)
Current Institution: London School of Economics and Political Science (University of London)
Date of Award: 1961
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Abstract:
This thesis desls with the problem surrounding the acquisition, on historic grounds, of a territorial title in international law. It constitutes an attempt to show that historic titles to territory are built up through a process which is akin to that by which any new norm of customary international law is created . An historic title is thus regarded as the product of a special customary norm of international law and its legal basis is to be found, it is submitted, in its recognition by the State or States affected by the historic claim. The recognition of an historic title normally takes the form of tacit acquiescence on the part of the State or States adversely affected toy the assertion of sovereignty of the claimant State. The display of State authority - which verios according to the nature of the disputed territory - must be effective, continuous, open, unchallenged and exercised ̀a titre de Soverain. The geographical factor, the "legitimate interests" of the claimant State, as well as the time element, are rarely of probative value in that they may contribute towards raising or strengthening a presumption of acquiescence. There follows an analysis of the problems related to (a) the application of the rules of intertemporal law to the establishment of an historic claim; (b) the selection of the "critical date"; and (c) the appraisal of conflicting territorial claims.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.554895  DOI: Not available
Keywords: K Law (General)
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