영토의 획득에 사용된 무력사용의 효력과 영토처분

The Effect of Force Having Been Used in Seizing Territory on a Latter Disposition of Territory

Examines the effect of force having been used in seizing territory on a latter disposition of territory. Sets out the various modes by which a party may acquire title to territory which it has seized by force. Discusses how the fact that a State territory initially seized territory by force will effect a State’s right to (1) abandon such territory, when the previously dispossessed state maintains a claim to the territory; (2) relinquish such territory when the previously dispossessed state maintains a claim to the territory; (3) cede such territory when the previously dispossessed state does not maintain a claim to the territory; and, (4) cede such territory, when the previously dispossessed state maintains a claim to the territory. Discusses the above four circumstances in light of (a) any remaining right to title in the territory held by a previously dispossessed State; and (b) any limitation to the disposing State’s right of disposition.