26 Nordisk Tidsskrift for Menneskerettigheter 1 (2008)

handle is hein.journals/norjhur26 and id is 1 raw text is: 









                HUMAN RIGHTS AND TERRITORIAL CLAIMS:
   TRANSITION FROM UNLAWFUL REGIMES IN INTERNATIONAL LAW


                                     YAEL RONEN*


Abstract: The doctrinal debate on the relationship between territorial status on the one
hand, and rights and obligations on the other relies heavily on evidence from interna-
tional practice. This article addresses this relationship in situations of transition from
unlawful and non-recognized regimes. It examines the implications ofnon-recognition of
status in these situations, and analyses the significance of land and citizenship in this
context. The conclusions offered in the article are that human rights have had a signifi-
cant role in ensuring that individuals do not become hostages to political and legal
conundrums.
Keywords: human rights, non-recognition, property, land rights, citizenship, illegal
regime.


         A. INTRODUCTION: TERRITORIAL STATUS AND HUMAN RIGHTS

International legal scholarship has since the early 1990s revived - and advanced - the debate
on the relationship between territorial status on the one hand, and human rights obligations of
states on the other hand1. This renewed interest followed the dissolution in the early 1990s of
the former Yugoslavia and the Soviet Union. Yet the question itself has also been relevant in
other cases.
    The doctrinal debate on the relationship between territorial status on the one hand, and
rights and obligations on the other, relies heavily on evidence from international practice.
This article addresses this relationship in a discrete category of situations of territorial
change, namely transition from unlawful and non-recognized regimes. Part B introduces this


    * Ya~l Ronen (b. 1968), PhD (Cantab), Assistant Professor, Ono Academic College, Israel. E-
mail: yael.ronen@cantab.net. I am grateful to the anonymous reviewers for their helpful comments.
    1 E.g. Krystina Marek: 'Identity and Continuity of States in International Law' (1954) 50 The
American Journal of International Law, No 1, 165-166; James R. Crawford: The Creation of States
(2nd ed., Oxford: Oxford University Press 2006), 669-670; Lauri Mdilksoo, IllegalAnnexation and
State Continuity: The Case of the Incorporation of the Baltic States by the USSR (Hague: Martinus
Nijhoff Publishers 2003), 268; Martti Koskenniemi: 'The Present State of Research in The Hague
Academy of International Law', in State Succession: Codification Tested against the Facts (1996),
154; Ineta Ziemele: State Continuity and Nationality: The Baltic States and Russia (Hague: Martinus
Nijhoff Publishers 2005), 92.

NORDISKTIDSSKRIFT FOR MENNESKERETTIGHETER- VOL. 26, NR 1, S. 1 15. ISSN 1503-6480
(C) UNIVERSITETSFORLAGET 2008

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?