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Territory of state as indivisible whole and the norms of Constitution

Author

Listed:
  • Leonid Tymchenko

    (Chief Research Fellow, Department of International Tax Competition, Research Institute of Fiscal Policy, University of the State Fiscal Service of Ukraine, Irpin, Ukraine)

  • Valerii Kononenko

    (Department of International Economic Relations and Tourist Business, V. N. Karazin Kharkiv National University, Kharkiv, Ukraine)

Abstract

In the study of the substantive legal grounds for the resolution of territorial disputes, the judicial form is characterized by the priority of the grounds of legal title (agreemental title, uti possidetis) based on international treaties, or legal acts of the state possessing sovereignty over the grounds of actual title (effective occupation and governning of the territory, tacit recognition, prescriptional acquisition). Like the initial occupation, the acquisition of territory on the basis of prescription has a long and effective occupation of territory as a prerequisite. The possession of alien or contested territory without a treaty may be legal and enforceable only when there is an inviolable, uninterrupted and undisputed exercise of possession. Where the disputable territory is in fact administrated by a state other than that which holds title, the International Court of Justice gives preference to the title holder.

Suggested Citation

  • Leonid Tymchenko & Valerii Kononenko, 2021. "Territory of state as indivisible whole and the norms of Constitution," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 11(3), pages 497-508, December.
    • Handle: RePEc:asr:journl:v:11:y:2021:i:3:p:497-508
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    More about this item

    Keywords

    territory; sovereignty; International Court of Justice; Constitution of the Czech Republic.;
    All these keywords.

    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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