Territory of state as indivisible whole and the norms of Constitution

Abstract

In the study of the substantive legal grounds for the resolution of territorial disputes, the judicial form is characterized by the priority of the grounds of legal title (agreemental title, uti possidetis) based on international treaties, or legal acts of the state possessing sovereignty over the grounds of actual title (effective occupation and governning of the territory, tacit recognition, prescriptional acquisition). Like the initial occupation, the acquisition of territory on the basis of prescription has a long and effective occupation of territory as a prerequisite. The possession of alien or contested territory without a treaty may be legal and enforceable only when there is an inviolable, uninterrupted and undisputed exercise of possession. Where the disputable territory is in fact administrated by a state other than that which holds title, the International Court of Justice gives preference to the title holder.

Political and Legal Aspects of the Right of Peoples to Self determination in the Light of Russian Aggression against Ukraine (Modern View)

“…Here we agree with the above opinion of A. Ferdross, but with one remark: if this people was not isolated from the place of historical residence 40 . Because the territory is not just a space, but the necessary attribute of the state, the material basis for the life of the people inhabiting it 41 . The authors acknowledge that this thesis is controversial, and therefore ask to consider it as a working version.…”