Beyond the bases : the status of territorial sovereignty in the Australian Antarctic Territory ...
This thesis critically examines two aspects of international law related to Australia's territorial sovereignty over the Australian Antarctic Territory (the AAT): the effectiveness of Australia's authority in the AAT, and the present territorial status of the AAT under the Treaty. It does...
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| Format: | Thesis |
| Language: | unknown |
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University Of Tasmania
2023
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| Online Access: | https://dx.doi.org/10.25959/23238119.v1 https://figshare.utas.edu.au/articles/thesis/Beyond_the_bases_the_status_of_territorial_sovereignty_in_the_Australian_Antarctic_Territory/23238119/1 |
| Summary: | This thesis critically examines two aspects of international law related to Australia's territorial sovereignty over the Australian Antarctic Territory (the AAT): the effectiveness of Australia's authority in the AAT, and the present territorial status of the AAT under the Treaty. It does this through a conceptual analysis of both the union and the divorce of the two central elements of territorial sovereignty: imperium and dominium. Part I provides an overview of the theories and principles of statehood, territorial sovereignty and title to territorial sovereignty as applied to remote and unpopulated dependencies. Part II addresses the dominant argument within the literature by examining the notion of effectiveness and extent of Australia's title to territorial sovereignty over the AAT. It constructs this analysis through the lens of the union of imperium and dominium over the AAT, and by utilising contemporary hierarchies of evidence that have emerged in international law in the post-war shift from ... |
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