‘Can Property Principles Save International Law?’

Joseph Blocher and G Mitu Gulati, A Market for Sovereign Control, Duke Law Journal (forthcoming 2016), available at SSRN. International law currently finds itself in a bit of a jam. The time-honored principle of territorial integrity grants nations near-absolute control over their borders. Central governments, for example, routinely reject boundary changes proposed by neighboring states or internal secessionist movements. At the same time, however, the increasingly relevant principle of self-determination demands that all peoples have the opportunity to choose their own national affiliations, govern themselves, and develop free political institutions. What happens when these two doctrines come into tension? … (more)

[Steve Clowney, JOTWELL, 18 April]

First posted 2016-04-18 16:27:51

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