Podcast
Questions and Answers
What is the primary difference between international borders and internal administrative boundaries?
What is the primary difference between international borders and internal administrative boundaries?
International borders separate states and peoples, while internal boundaries unify and govern a polity.
According to the geographer S. Whittemore Boggs, how are international boundaries characterized?
According to the geographer S. Whittemore Boggs, how are international boundaries characterized?
International boundaries are generally considered negative rather than positive.
What historical basis contributed to the establishment of international boundaries?
What historical basis contributed to the establishment of international boundaries?
International boundaries were historically set up for the physical preservation of the state, using natural features for defense.
What is the modern function of international boundaries regarding state jurisdiction?
What is the modern function of international boundaries regarding state jurisdiction?
How does the notion of jurisdictional separation relate to a state's authority?
How does the notion of jurisdictional separation relate to a state's authority?
What role do international borders play concerning transnational movements?
What role do international borders play concerning transnational movements?
What might happen if a state chose not to differentiate its policies from those of its neighbor?
What might happen if a state chose not to differentiate its policies from those of its neighbor?
How does Oppenheim's description of boundaries as 'imaginary lines' differ from their practical implications?
How does Oppenheim's description of boundaries as 'imaginary lines' differ from their practical implications?
What can lead to the development of distinct identities in zones that straddle internal borders?
What can lead to the development of distinct identities in zones that straddle internal borders?
How do internal borders differ from international boundaries in terms of their functioning?
How do internal borders differ from international boundaries in terms of their functioning?
What role did the United States and the Soviet Union play in the decolonization process post-1945?
What role did the United States and the Soviet Union play in the decolonization process post-1945?
Can states prevent the entry of undesirable persons at internal borders?
Can states prevent the entry of undesirable persons at internal borders?
Provide an example of a metropolitan area in the United States that showcases a zone with distinct identity due to internal borders.
Provide an example of a metropolitan area in the United States that showcases a zone with distinct identity due to internal borders.
What is the significance of the UN Charter's mandate regarding decolonization?
What is the significance of the UN Charter's mandate regarding decolonization?
What historical concept influences the understanding of boundaries where one state ends and the other begins?
What historical concept influences the understanding of boundaries where one state ends and the other begins?
How did past decisions in international law affect decolonization efforts?
How did past decisions in international law affect decolonization efforts?
What was the advisory opinion of the International Court of Justice regarding South Africa's presence in Namibia?
What was the advisory opinion of the International Court of Justice regarding South Africa's presence in Namibia?
What arrangements do states typically conclude concerning international border areas?
What arrangements do states typically conclude concerning international border areas?
What challenges did governors face in exercising control over colonies according to the historical context provided?
What challenges did governors face in exercising control over colonies according to the historical context provided?
Name a multicantonal area in Switzerland that reflects the concept of zones straddling internal borders.
Name a multicantonal area in Switzerland that reflects the concept of zones straddling internal borders.
What is one reason that the boundary line is considered just one element of an entire regime governing border areas?
What is one reason that the boundary line is considered just one element of an entire regime governing border areas?
What does Article 73 of the UN Charter obligate member states to do regarding colonies?
What does Article 73 of the UN Charter obligate member states to do regarding colonies?
What consequences did boundary alterations in French colonies have on their governance?
What consequences did boundary alterations in French colonies have on their governance?
According to Sir Winston Churchill, what was the limitation of governing the British Empire from Downing Street?
According to Sir Winston Churchill, what was the limitation of governing the British Empire from Downing Street?
What historical claim does the Russian Federation have over Crimea?
What historical claim does the Russian Federation have over Crimea?
How might Canada define the critical date for Quebec's territorial claim?
How might Canada define the critical date for Quebec's territorial claim?
What is the functional distinction between internal and international boundaries?
What is the functional distinction between internal and international boundaries?
What was a significant trend regarding borders during the decolonization processes in the 19th and 20th centuries?
What was a significant trend regarding borders during the decolonization processes in the 19th and 20th centuries?
What implications does the 'critical date' principle have on international law?
What implications does the 'critical date' principle have on international law?
How did the International Court of Justice (ICJ) handle discrepancies in critical dates during disputes?
How did the International Court of Justice (ICJ) handle discrepancies in critical dates during disputes?
What was a key finding of the 1986 ICJ case regarding critical dates?
What was a key finding of the 1986 ICJ case regarding critical dates?
In what context is 'uti possidetis' relevant to the borders of new states?
In what context is 'uti possidetis' relevant to the borders of new states?
What is the significance of the principle of uti possidetis in territorial disputes?
What is the significance of the principle of uti possidetis in territorial disputes?
How did the rulings in the Beagle Channel case affect the understanding of boundary treaties?
How did the rulings in the Beagle Channel case affect the understanding of boundary treaties?
In the context of international law, what does a compromis allow in terms of territorial disputes?
In the context of international law, what does a compromis allow in terms of territorial disputes?
What did the UN General Assembly Resolutions concerning Mayotte and the Comoros Islands aim to preserve?
What did the UN General Assembly Resolutions concerning Mayotte and the Comoros Islands aim to preserve?
What was the role of the King of Spain's arbitral award concerning boundary lines?
What was the role of the King of Spain's arbitral award concerning boundary lines?
What argument did the ICJ present regarding the peremptory norm of uti possidetis?
What argument did the ICJ present regarding the peremptory norm of uti possidetis?
How does the concept of post-independence border changes relate to the uti possidetis doctrine?
How does the concept of post-independence border changes relate to the uti possidetis doctrine?
What fundamental issue did the 1986 ICJ ruling in the Frontier Dispute address?
What fundamental issue did the 1986 ICJ ruling in the Frontier Dispute address?
What does uti possidetis rely on when determining international borders?
What does uti possidetis rely on when determining international borders?
What challenge does the 'photograph' analogy present in the context of uti possidetis?
What challenge does the 'photograph' analogy present in the context of uti possidetis?
How has the concept of effectivitis influenced border disputes and arbitrations?
How has the concept of effectivitis influenced border disputes and arbitrations?
Why might effectivitis complicate the application of uti possidetis during secessions?
Why might effectivitis complicate the application of uti possidetis during secessions?
In the context of colonial governance, what role did effective jurisdiction play according to the text?
In the context of colonial governance, what role did effective jurisdiction play according to the text?
How might local officials contribute to clarity in territorial authority compared to colonial governors?
How might local officials contribute to clarity in territorial authority compared to colonial governors?
What does the phrase 'to have their cake and eat it too' suggest about Quebec's secessionist desires?
What does the phrase 'to have their cake and eat it too' suggest about Quebec's secessionist desires?
What evidence did the ICJ use in the Land, Island and Maritime Frontier Dispute case?
What evidence did the ICJ use in the Land, Island and Maritime Frontier Dispute case?
Flashcards
Uti Possidetis
Uti Possidetis
A legal principle that states that upon the independence of new states from a colonial power, the pre-existing territorial boundaries of the colonies should be respected.
Compromis
Compromis
A legal agreement between two or more parties to resolve a dispute through arbitration.
Modifying Uti Possidetis
Modifying Uti Possidetis
A legal principle that allows for the modification of existing boundaries if it is deemed necessary and just to do so.
Considering Interests Beyond Uti Possidetis
Considering Interests Beyond Uti Possidetis
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Arbitral Award
Arbitral Award
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Peremptory Norm
Peremptory Norm
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Post-Independence Border Changes by Agreement
Post-Independence Border Changes by Agreement
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International Court of Justice (ICJ)
International Court of Justice (ICJ)
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International borders
International borders
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Internal administrative boundaries
Internal administrative boundaries
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Jurisdictional separation
Jurisdictional separation
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International borders as negative
International borders as negative
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State control over borders
State control over borders
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Tangible reality of borders
Tangible reality of borders
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Importance of international borders
Importance of international borders
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Facilitating border movements
Facilitating border movements
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Critical Date
Critical Date
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Uti Possidetis in Breakup
Uti Possidetis in Breakup
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ICJ Role in Border Disputes
ICJ Role in Border Disputes
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Border Zones
Border Zones
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Frontier Zone
Frontier Zone
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Post-Independence Border Changes
Post-Independence Border Changes
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State Control of Entry
State Control of Entry
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Effectivitks
Effectivitks
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Photographic Moment
Photographic Moment
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Internal vs. Colonial Boundaries
Internal vs. Colonial Boundaries
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Having Your Cake and Eating It Too
Having Your Cake and Eating It Too
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Spatial and Temporal Ambiguity
Spatial and Temporal Ambiguity
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ICJ and Effectivitks
ICJ and Effectivitks
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Photographic Moment
Photographic Moment
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UN Decolonization Mandate
UN Decolonization Mandate
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Changing Context in Law
Changing Context in Law
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Normative Expectations in Law
Normative Expectations in Law
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Post-Independence Boundary Changes
Post-Independence Boundary Changes
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Colonial Office Supervision
Colonial Office Supervision
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Boundary Alterations in French Colonies
Boundary Alterations in French Colonies
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Categorizing Territories and Nations
Categorizing Territories and Nations
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Study Notes
Drawing a Better Line: Uti Possidetis and the Borders of New States
- Uti Possidetis is a principle that states emerging from decolonization inherit the colonial administrative borders at the time of independence.
- This principle largely governed the determination of borders in Latin America (early 1800s) and former European Africa and Southeast Asia (1950s).
- It was seen as a way to reduce conflicts regarding borders after decolonization.
- Some argue that using uti possidetis as a rule for state breakups today ignores contemporary issues of self-determination and human rights.
- It also suggests that this principle is becoming increasingly less suitable to handle contemporary state breakups.
- In decolonization, the lack of clear boundaries often led to use of uti possidetis to establish new international borders.
- The principle reduces potential armed conflicts by providing clear outcomes in situations after decolonization.
- Applying uti possidetis in modern breakups can lead to injustice and instability through the ignoring of adjustments to the borders needed for self-determination
- The principle is a default approach for determining boundaries, but is not a rigid rule.
- There are arguments for alternative methods when dealing with break-ups, like negotiated settlements or plebiscites that can incorporate the needs of those affected by border changes.
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