How do international laws address territorial disputes?

International laws address territorial disputes through negotiation, arbitration, adjudication, and application of principles like uti possidetis juris.

International law provides a framework for the peaceful resolution of territorial disputes between states. This is primarily achieved through negotiation, arbitration, and adjudication. Negotiation is the most common method, where the disputing parties engage in dialogue to reach a mutually acceptable solution. This can be bilateral negotiations between the two states or multilateral negotiations involving other states or international organisations.

Arbitration and adjudication are more formal methods of dispute resolution. In arbitration, the disputing parties agree to submit their dispute to a neutral third party, the arbitrator, who makes a binding decision. The Permanent Court of Arbitration is one such institution that provides services for the resolution of international disputes. Adjudication, on the other hand, involves a legal process where a judge or a court makes a binding decision. The International Court of Justice (ICJ) is the principal judicial organ of the United Nations and plays a crucial role in adjudicating territorial disputes.

International law also applies certain principles to resolve territorial disputes. One such principle is uti possidetis juris, a Latin phrase which means "as you possess under law". This principle is often used to maintain the territorial boundaries that existed at the time of independence, especially in cases of decolonisation. It aims to prevent the destabilisation that can occur if borders are redrawn.

Another principle is the doctrine of effective occupation, which holds that territory is considered to belong to the state that exercises authority and control over it. This principle was notably applied in the Island of Palmas case between the United States and the Netherlands.

In some cases, international law may also recognise historical claims, where a state can claim sovereignty over a territory based on historical ties or past sovereignty. However, such claims are often contentious and difficult to prove.

Despite these mechanisms, it's important to note that the effectiveness of international law in resolving territorial disputes often depends on the willingness of the disputing states to abide by the law and the decisions of international institutions.

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