Chicago Journal of International Law Volume 16 Number 1 Article 3 6-1-2015 International Dispute Settlement in Response to an Unlawful Seizure of Territory: Three Mechanisms Thomas D. Grant Follow this and additional works at: https://chicagounbound.uchicago.edu/cjil Recommended Citation Grant, Thomas D. (2015) "International Dispute Settlement in Response to an Unlawful Seizure of Territory: Three Mechanisms," Chicago Journal of International Law: Vol. 16: No. 1, Article 3. Available at: https://chicagounbound.uchicago.edu/cjil/vol16/iss1/3 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in Chicago Journal of International Law by an authorized editor of Chicago Unbound. For more information, please contact
[email protected]. International Dispute Settlement in Response to an Unlawful Seizure of Territory: Three Mechanisms Thomas D. Grant* Abstract International law prohibits the acquisition of territory by force. Even so, states have struggled to identifi ajudicialor arbitralprocedureto protect their rightsfollowing an unlawful attempted acquisition. With reference to the annexation of Crimea, but with a view to the wider possibilitiesforjudidal or arbitralsettlement of territorialquestions, the present Article considers three mechanisms-the European Convention on Human Rights (European Convention), the Statute of the International Court of Justice (ICJ Statute), and bilateral investment treaties. Recent decisions of the European Court of Human Ri'ghts (ECHR) suggest that its inter-state procedure holds some promise in such a situation. By comparison, attempts by a state to protect its territorialrights before the ICJ-for example, by Georgia against Russia-have encountered serious obstacles. This Article starts by considering the ECHR_ It then turns to the ICJ, the jurisdiction of which has extended to territorialquestions in some of its best-known cases but, in others, may be of limited use to a state seeking to defend its territorialrights directly.