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Max Planck Encyclopedia of Public International Law [MPEPIL]

Conquest

Marcelo G Kohen

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 27 May 2019

Subject(s):
Peace treaties — Belligerence — Occupation — Self-defence — Conduct of hostilities — Aggression

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 Conquest is a concept of classical international law. Its relevance in contemporary international law will be discussed later in this entry. The Permanent Court of International Justice (‘PCIJ’) defined conquest as ‘a cause of loss of sovereignty when there is war between two States and by reason of the defeat of one of them sovereignty over territory passes from the loser to the victorious State’ ( Eastern Greenland Case at 47). Conquest, strictly so-called, is therefore a derivative title of acquisition of territorial sovereignty ( Territory, Acquisition )...
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