Right of conquest
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Property law |
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Part of the common law series |
Types |
Acquisition |
Estates in land |
Conveyancing |
Future use control |
Nonpossessory interest |
Related topics |
Other common law areas |
Higher category: Law and Common law |
The right of conquest is a
History and arguments
Proponents state that the right of conquest acknowledges the status quo, and that denial of the right is meaningless unless one is able and willing to use military force to deny it. Further, the right was traditionally accepted because the conquering force, being by definition stronger than any lawfully entitled governance which it may have replaced, was, therefore, more likely to secure peace and stability for the people, and so the right of conquest legitimizes the conqueror towards that end.[not verified in body]
The completion of colonial conquest of much of the world (see the
Conquest and military occupation
Until 1945, the disposition of territory acquired under the principle of conquest had to be conducted according to the existing
In the post-World War II era, not all wars involving territorial acquisitions ended in a peace treaty. For example, the fighting in the Korean War paused with an armistice, without any peace treaty covering it. North Korea is still technically at war with South Korea and the United States as of 2024.[4]
See also
- Conquest (military)
- Debellatio
- Discovery doctrine
- Fait accompli
- Franz Oppenheimer's "conquest theory" of the State
- Invasion
- Manifest destiny
- Might makes right
- Prize (law)
- Prize of war
- Realism (international relations)
- Revanchism
- Roerich Pact
- Status quo ante bellum
- Uti possidetis
- Vae victis
- War of aggression
- War trophy
References
- ISBN 9783319279459.
- ^ Korman 1996, p. 127.
- ^ a b Korman 1996, p. 128.
- ^ "The Korean War never technically ended. Here's why". History. June 24, 2020. Archived from the original on February 18, 2021.
Works cited
- Korman, Sharon (1996). The Right of Conquest: The Acquisition of Territory by Force in International Law and Practice. Oxford University Press. ISBN 0-19-828007-6.