The Hans Island Dispute and the Doctrine of Occupation
The tiny Hans Island, claimed by both Canada and Denmark, is the latest disputed land in Arctic. The aim of this article is to analyse whether this sovereignty question can be resolved by referring to the doctrine of occupation. The methods used are historical analysis and the dogmatics of internati...
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Uniwersytet Warszawski. Wydawnictwa Uniwersytetu Warszawskiego
2016
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fttriple:oai:gotriple.eu:oai:bibliotekanauki.pl:903051 2023-05-15T14:56:05+02:00 The Hans Island Dispute and the Doctrine of Occupation Jan, Rudnicki 2016-01-01 https://bibliotekanauki.pl/articles/903051.pdf https://bibliotekanauki.pl/articles/903051 undefined unknown Uniwersytet Warszawski. Wydawnictwa Uniwersytetu Warszawskiego https://bibliotekanauki.pl/articles/903051.pdf https://bibliotekanauki.pl/articles/903051 other Studia Iuridica; 2016, 68; 307-320 0137-4346 droit scipo Journal Article https://vocabularies.coar-repositories.org/resource_types/c_6501/ 2016 fttriple 2023-01-22T17:50:04Z The tiny Hans Island, claimed by both Canada and Denmark, is the latest disputed land in Arctic. The aim of this article is to analyse whether this sovereignty question can be resolved by referring to the doctrine of occupation. The methods used are historical analysis and the dogmatics of international law. The historical examples and doctrinal views lead to the first level conclusion that in certain circumstances a land that belongs to no one can be occupied by a state merely by means of symbolic actions. Further considerations focus on the questions of whether Hans Island should be considered as possessing such certain qualities and if so, whether any of the contestants has ever performed any actions that can be interpreted as taking it into its possession. The conclusion points out that although it is very unlikely that analyzed solutions would be used to determine the fate of the Island, it is still crucial to realise that doctrines of international law, which may seems archaic, are to some extent still applicable and could be used in the Arctic disputes. Article in Journal/Newspaper Arctic Hans Island Unknown Arctic Canada Hans Island ENVELOPE(-66.455,-66.455,80.826,80.826) |
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droit scipo Jan, Rudnicki The Hans Island Dispute and the Doctrine of Occupation |
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droit scipo |
description |
The tiny Hans Island, claimed by both Canada and Denmark, is the latest disputed land in Arctic. The aim of this article is to analyse whether this sovereignty question can be resolved by referring to the doctrine of occupation. The methods used are historical analysis and the dogmatics of international law. The historical examples and doctrinal views lead to the first level conclusion that in certain circumstances a land that belongs to no one can be occupied by a state merely by means of symbolic actions. Further considerations focus on the questions of whether Hans Island should be considered as possessing such certain qualities and if so, whether any of the contestants has ever performed any actions that can be interpreted as taking it into its possession. The conclusion points out that although it is very unlikely that analyzed solutions would be used to determine the fate of the Island, it is still crucial to realise that doctrines of international law, which may seems archaic, are to some extent still applicable and could be used in the Arctic disputes. |
format |
Article in Journal/Newspaper |
author |
Jan, Rudnicki |
author_facet |
Jan, Rudnicki |
author_sort |
Jan, Rudnicki |
title |
The Hans Island Dispute and the Doctrine of Occupation |
title_short |
The Hans Island Dispute and the Doctrine of Occupation |
title_full |
The Hans Island Dispute and the Doctrine of Occupation |
title_fullStr |
The Hans Island Dispute and the Doctrine of Occupation |
title_full_unstemmed |
The Hans Island Dispute and the Doctrine of Occupation |
title_sort |
hans island dispute and the doctrine of occupation |
publisher |
Uniwersytet Warszawski. Wydawnictwa Uniwersytetu Warszawskiego |
publishDate |
2016 |
url |
https://bibliotekanauki.pl/articles/903051.pdf https://bibliotekanauki.pl/articles/903051 |
long_lat |
ENVELOPE(-66.455,-66.455,80.826,80.826) |
geographic |
Arctic Canada Hans Island |
geographic_facet |
Arctic Canada Hans Island |
genre |
Arctic Hans Island |
genre_facet |
Arctic Hans Island |
op_source |
Studia Iuridica; 2016, 68; 307-320 0137-4346 |
op_relation |
https://bibliotekanauki.pl/articles/903051.pdf https://bibliotekanauki.pl/articles/903051 |
op_rights |
other |
_version_ |
1766328126589108224 |