GENERAL PRINCIPLES OF INTERNATIONAL LAW: PRINCIPLE OF UTI POSSIDETIS JURIS
INTRODUCTION. This paper considers the general principles of international law and focusing specifically on the principle of uti possidetis. The author argues that uti possidetis originating from Roman jus civile was transformed into a principle of interstate relations dealing with a transformation...
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Moscow State Institute of International Relations (MGIMO)
2018-01-01
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| Series: | Московский журнал международного права |
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| Online Access: | https://www.mjil.ru/jour/article/view/212 |
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| author | Farhad Sabir MIRZAYEV |
| author_facet | Farhad Sabir MIRZAYEV |
| author_sort | Farhad Sabir MIRZAYEV |
| collection | DOAJ |
| description | INTRODUCTION. This paper considers the general principles of international law and focusing specifically on the principle of uti possidetis. The author argues that uti possidetis originating from Roman jus civile was transformed into a principle of interstate relations dealing with a transformation of former administrative borders into international boundaries of the newly independent states in Latin America in XX century. The principle’s further effective application in Africa and Asia contributed into uti possidetis’ formation as the principle of international law.MATERIALS AND METHODS. The materials for the article were the works of leading Russian and foreign researchers in the field of international law dedicated to general principles of international law and international customary law. The author referred to historical, comparative and theoretical methods in his analysis.RESEARCH RESULTS. It is argued that uti possidetis as the principle of international law has a primary concern with the state or territorial sovereignty. The paper analyses uti possidetis’ evolution from the regional principle into the general principle of international law. It also deals with the review of cases considered by the International Court of Justice and other international ad hoc tribunals as well as specialised authoritative opinions of specialised international commissions that played a vital role in affirming uti possidetis as one of the general principles of international law.DISCUSSION AND CONCLUSIONS. The author argues that uti possidetis is not similar to the principle of territorial integrity, and in contrast the former serves as auxiliary support to the latter one. The analysis refers to the most recent precedents with dissolution of the former communist federations that simply reconfirmed the importance of uti possidetis as the general principle of international law. It is concluded that the evolution of uti possidetis as the general principle of international law took place under influence of the state practice and application by international judicial bodies. |
| format | Article |
| id | doaj-art-1aaa1fa22ab3415cb646b271be13c930 |
| institution | Kabale University |
| issn | 0869-0049 2619-0893 |
| language | English |
| publishDate | 2018-01-01 |
| publisher | Moscow State Institute of International Relations (MGIMO) |
| record_format | Article |
| series | Московский журнал международного права |
| spelling | doaj-art-1aaa1fa22ab3415cb646b271be13c9302025-08-20T03:55:58ZengMoscow State Institute of International Relations (MGIMO)Московский журнал международного права0869-00492619-08932018-01-0103313910.24833/0869-0049-2017-3-31-39212GENERAL PRINCIPLES OF INTERNATIONAL LAW: PRINCIPLE OF UTI POSSIDETIS JURISFarhad Sabir MIRZAYEV0BM Morrison Partners International Law Firm.INTRODUCTION. This paper considers the general principles of international law and focusing specifically on the principle of uti possidetis. The author argues that uti possidetis originating from Roman jus civile was transformed into a principle of interstate relations dealing with a transformation of former administrative borders into international boundaries of the newly independent states in Latin America in XX century. The principle’s further effective application in Africa and Asia contributed into uti possidetis’ formation as the principle of international law.MATERIALS AND METHODS. The materials for the article were the works of leading Russian and foreign researchers in the field of international law dedicated to general principles of international law and international customary law. The author referred to historical, comparative and theoretical methods in his analysis.RESEARCH RESULTS. It is argued that uti possidetis as the principle of international law has a primary concern with the state or territorial sovereignty. The paper analyses uti possidetis’ evolution from the regional principle into the general principle of international law. It also deals with the review of cases considered by the International Court of Justice and other international ad hoc tribunals as well as specialised authoritative opinions of specialised international commissions that played a vital role in affirming uti possidetis as one of the general principles of international law.DISCUSSION AND CONCLUSIONS. The author argues that uti possidetis is not similar to the principle of territorial integrity, and in contrast the former serves as auxiliary support to the latter one. The analysis refers to the most recent precedents with dissolution of the former communist federations that simply reconfirmed the importance of uti possidetis as the general principle of international law. It is concluded that the evolution of uti possidetis as the general principle of international law took place under influence of the state practice and application by international judicial bodies.https://www.mjil.ru/jour/article/view/212customary international lawnew norms of international lawgeneral principles of international lawterritorial and boundary disputes and conflictsuti possidetisinternational court of justicestate practice |
| spellingShingle | Farhad Sabir MIRZAYEV GENERAL PRINCIPLES OF INTERNATIONAL LAW: PRINCIPLE OF UTI POSSIDETIS JURIS Московский журнал международного права customary international law new norms of international law general principles of international law territorial and boundary disputes and conflicts uti possidetis international court of justice state practice |
| title | GENERAL PRINCIPLES OF INTERNATIONAL LAW: PRINCIPLE OF UTI POSSIDETIS JURIS |
| title_full | GENERAL PRINCIPLES OF INTERNATIONAL LAW: PRINCIPLE OF UTI POSSIDETIS JURIS |
| title_fullStr | GENERAL PRINCIPLES OF INTERNATIONAL LAW: PRINCIPLE OF UTI POSSIDETIS JURIS |
| title_full_unstemmed | GENERAL PRINCIPLES OF INTERNATIONAL LAW: PRINCIPLE OF UTI POSSIDETIS JURIS |
| title_short | GENERAL PRINCIPLES OF INTERNATIONAL LAW: PRINCIPLE OF UTI POSSIDETIS JURIS |
| title_sort | general principles of international law principle of uti possidetis juris |
| topic | customary international law new norms of international law general principles of international law territorial and boundary disputes and conflicts uti possidetis international court of justice state practice |
| url | https://www.mjil.ru/jour/article/view/212 |
| work_keys_str_mv | AT farhadsabirmirzayev generalprinciplesofinternationallawprincipleofutipossidetisjuris |