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Friday, April 12, 2013

Boundary Conflicts of the 1904 Treaty

Jurisdiction and Competence - Applicable International Laws and Source.

After having defined the legal and diachronic facts surrounding the Bolivia-Chile situation, the question arises as to the underlying principles and how the claim of rewrite is sourced by outside(a) law and organizations of international competence. First, we must before long define boundaries and then portray as objectively as possible under what bases of international legality that this 100 yr old Feud has regained international steam.

States with common borders shargon a minimum degree of relation, and cannot aver to be able to in all ignore each other. In fact, boundaries create a stellar(prenominal) facie hostile situation, since my neighbor is my enemy (Nordquist, 17). Boundaries are by rendering shared. They define a state territorially and provide in this way a condition for state sovereignty, they are base both on internal and international legislation: marches agreements are international legal document (Prescott, 5).

During this century, conventions formulated several(prenominal) international documents, from the UN Charter to regional international papers; (which get out be examined below) specify directly or indirectly that changes of inter-state boundaries are acceptable only through peaceful means (Prescott). Yet, crisis situations where boundaries or boundary-related issues are at stake are recurrent in the international system. Such occurrences place boundaries on the agenda of international law.

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The addition of Bolivian land-locked problem into the Agenda of IX the gather of the Organization of American States and the consideration that is bestowed upon it is supported by buckram legal foundations, enunciated in the United Nations Charter. In effect, in this documents phrase 14, it reads that the General Assembly may recommend measures for the peaceful limiting of any situation, regardless of origin, which it deems likely to impair the general social welfare or friendly relations among nations, including situations resulting from a violation of the...

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