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Annexation
Annexation (Latin ''ad'', to, and ''nexus'', joining), in international law, is the forcible acquisition of one state's territory by another state, usually following military occupation of the territory. It is generally held to be an illegal act.: "Annexation means the forcible acquisition of territory by one State at the expense of another State. It is one of the principal modes of acquiring territory... in contrast to acquisition a) of terra nullius by means of effective occupation accompanied by the intent to appropriate the territory; b) by cession as a result of a treaty concluded between the States concerned (Treaties), or an act of adjudication, both followed by the effective peaceful transfer of territory; c) by means of prescription defined as the legitimization of a doubtful title to territory by passage of time and presumed acquiescence of the former sovereign; d) by accretion constituting the physical process by which new land is formed close to, or becomes attached to ...
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Annexation Of Crimea By The Russian Federation
In February and March 2014, Russia invaded and subsequently annexed the Crimean Peninsula from Ukraine. This event took place in the aftermath of the Revolution of Dignity and is part of the wider Russo-Ukrainian War. The events in Kyiv that ousted Ukrainian president Viktor Yanukovych on 22 February 2014 sparked pro-Russian demonstrations as of 23 February against the (prospected) new Ukrainian government. At the same time Russian president Vladimir Putin discussed Ukrainian events with security service chiefs remarking that "we must start working on returning Crimea to Russia". On 27 February, Russian troops captured strategic sites across Crimea, followed by the installation of the pro-Russian Aksyonov government in Crimea, the Crimean status referendum and the declaration of Crimea's independence on 16 March 2014. Although Russia initially claimed their military was not involved in the events, Putin later admitted that troops were deployed to "stand behind Crimea ...
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Stimson Doctrine
The Stimson Doctrine is the policy of nonrecognition of states created as a result of a war of aggression. The policy was implemented by the United States government, enunciated in a note of January 7, 1932, to the Empire of Japan and the Republic of China, of non-recognition of international territorial changes imposed by force. The doctrine was an application of the principle of '' ex injuria jus non oritur''. Since the entry into force of the UN Charter, international law scholars have argued that states are under a legal obligation not to recognize annexations as legitimate, but this view is controversial and not supported by consistent state practice. Overview Named after Henry L. Stimson, United States Secretary of State in the Hoover administration (1929–1933), the policy followed Japan's unilateral seizure of Manchuria in northeastern China following action by Japanese soldiers at Mukden (now Shenyang), on September 18, 1931. The doctrine was also invoked by US U ...
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Military Occupation
Military occupation, also known as belligerent occupation or simply occupation, is the effective military control by a ruling power over a territory that is outside of that power's sovereign territory.Eyāl Benveniśtî. The international law of occupation. Princeton University Press, 2004. , , p. 43 The territory is then known as the ''occupied'' territory and the ruling power the ''occupant''. Occupation is distinguished from annexation and colonialism by its intended temporary duration. While an occupant may set up a formal military government in the occupied territory to facilitate its administration, it is not a necessary precondition for occupation. The rules of occupation are delineated in various international agreements, primarily the Hague Convention of 1907, the Geneva Conventions of 1949, as well as established state practice. The relevant international conventions, the International Committee of the Red Cross (ICRC) Commentaries, and other treaties by military ...
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Western Sahara Conflict
The Western Sahara conflict is an ongoing conflict between the Sahrawi Arab Democratic Republic/ Polisario Front and the Kingdom of Morocco. The conflict originated from an insurgency by the Polisario Front against Spanish colonial forces from 1973 to 1975 and the subsequent Western Sahara War against Morocco between 1975 and 1991. Today the conflict is dominated by unarmed civil campaigns of the Polisario Front and their self-proclaimed SADR state to gain fully recognized independence for Western Sahara. The conflict escalated after the withdrawal of Spain from the Spanish Sahara in accordance with the Madrid Accords. Beginning in 1975, the Polisario Front, backed and supported by Algeria, waged a 16-year-long war for independence against Mauritania and Morocco. In February 1976, the Polisario Front declared the establishment of the Sahrawi Arab Democratic Republic, which was not admitted into the United Nations, but won limited recognition by a number of other states. ...
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Sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the person, body, or institution that has the ultimate authority over other people in order to establish a law or change an existing law. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. ''De jure'' sovereignty refers to the legal right to do so; ''de facto'' sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that ''de jure'' and ''de facto'' sovereignty exist at the place and time of concern, and reside within the same organization. Etymology The term arises from the unattested Vulgar Latin's ''*superanus'', (itself derive ...
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International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the International criminal law, international crimes of genocide, crimes against humanity, war crimes and the crime of aggression. It is distinct from the International Court of Justice, an United Nations System, organ of the United Nations that hears disputes between states. While praised as a major step towards justice, and as an innovation in international law and human rights, the ICC has faced a number of criticisms from governments and civil society, including objections to its jurisdiction, accusations of bias, Eurocentrism and racism, questioning of the fairness of its case-selection and trial procedures, and doubts about its effectiveness. History The establishment of an International court, international ...
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United Nations General Assembly Resolution 3314
United Nations General Assembly Resolution 3314 (XXIX) (Definition of Aggression) was adopted by the United Nations General Assembly on December 14, 1974 as a non-binding recommendation to the United Nations Security Council on the definition it should use for the crime of aggression. Background The adoption of the definition was the culmination of a long process begun in 1923 under the auspices of the League of Nations. In December 1967 the General Assembly adopted Resolution 2330 (XXII), which established a Special Committee on the Question of Defining Aggression. This body comprised 35 member states. After seven years, it reported back to the General Assembly with draft proposals that formed the basis of the final Definition of Aggression. The definition of aggression The definition makes a distinction between ''aggression'' (which "gives rise to international responsibility") and ''war of aggression'' (which is "a crime against international peace"). Article 3 "in accorda ...
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Title (property)
In property law, title is an intangible construct representing a bundle of rights in (to) a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership. Conveyance of the document (transfer of title to the property) may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it (for example squatting). In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information. In United States law, evidence of title is typically established through title reports written up by title insurance companies, which show the history of title ...
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Crime Of Aggression
A crime of aggression or crime against peace is the planning, initiation, or execution of a large-scale and serious act of aggression using state military force. The definition and scope of the crime is controversial. The Rome Statute contains an exhaustive list of acts of aggression that can give rise to individual criminal responsibility, which include invasion, military occupation, annexation by the use of force, bombardment, and military blockade of ports. Aggression is generally a leadership crime that can only be committed by those with the power to shape a state's policy of aggression, rather than those who carry it out. The philosophical basis for the wrongness of aggression is found in just war theory, in which waging a war without a just cause for self-defense is unjust. In the wake of the German invasion of the Soviet Union during World War II, Soviet jurist Aron Trainin made the first successful proposal to criminalize aggression. The Charter of the Internatio ...
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Michael Lynk
Stanley Michael Lynk (born 1952) is a Canadian legal academic. He is currently an associate professor at the University of Western Ontario and the Special Rapporteur on the situation of human rights in the Palestinian Territories occupied since 1967. Early life and education Michael Lynk was born in Halifax, Nova Scotia to parents: Sarah and Stanley Lynk. His maternal grandparents were Lebanese emigrants to Canada. Lynk earned a Bachelor of Arts degree from Dalhousie University in 1974, followed by a bachelor of laws from the same university in 1981, before completing a master of law at Queen's University. Professional career Lynk is an associate professor of law at the University of Western Ontario. He was initially appointed in 1999, and taught courses in labor, human rights, disability, constitutional and administrative law. He served as associate dean of the faculty between 2008 and 2011. Lynk is a labour arbitrator with the Ontario Grievance Settlement Board, and h ...
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United Nations General Assembly
The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Currently in its 77th session, its powers, composition, functions, and procedures are set out in Chapter IV of the United Nations Charter. The UNGA is responsible for the UN budget, appointing the non-permanent members to the Security Council, appointing the UN secretary-general, receiving reports from other parts of the UN system, and making recommendations through resolutions. It also establishes numerous subsidiary organs to advance or assist in its broad mandate. The UNGA is the only UN organ wherein all member states have equal representation. The General Assembly meets under its president or the UN secretary-general in annual sessions at the General Assembly Building, within the UN headquarters in New York City. The main part of ...
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Coming Into Force
In law, coming into force or entry into force (also called commencement) is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this transition. The point at which such instrument comes into effect may be set out in the instrument itself, or after the lapse of a certain period, or upon the happening of a certain event, such as a proclamation or an objective event, such as the birth, marriage, reaching a particular age or death of a certain person. On rare occasions, the effective date of a law may be backdated to a date before the enactment. To come into force, a treaty or Act first needs to receive the required number of votes or ratifications. Although it is common practice to stipulate this number as a requirement in the body of the treaty itself, it can also be set out in a superior law or legal framework, such as a constitution or the standing orders of the ...
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