Toward Stronger Rule of Law Against Attempts to Acquire Territory by Force: A Practitioner's View

This book addresses one of the most pressing issues of international law in recent years, attempts to acquire territory by force.

When powerful States are not satisfied with territorial status quo and are unwilling to give up their interests for peace, there is an inherent difficulty in stopping their attempts to acquire territory by force. This book will review the efforts made so far to stop such attempts, examine the current state of rules of international law against them, and explore how rule of law can be strengthened. It is written by a former legal advisor who participated in the proceedings of the International Court of Justice (ICJ) for the Advisory Opinion issued on July 19, 2024. Based on the approach often taken by practitioners working for governments, who tend to appreciate narrative based on persuasive evidence and logic and increasingly rely on views expressed by courts and tribunals, the scope of the prohibition of acquisition of territory by force and, as an alternative rule, the prohibition of use of force is examined. Acts constituting attempts to acquire territory by force and their contexts which contribute to the violation of the two prohibitions will be analysed, and cases likely to amount to their violation will be explored. It will also discuss whether States can acquire territory by use of force in self-defence and examine obligations arising from the violation of the prohibition of acquisition of territory by force for third States.