Annexation (English Wikipedia)

Analysis of information sources in references of the Wikipedia article "Annexation" in English language version.

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  • Rothwell et al. 2014, p. 360: "Annexation is distinct from cession. Instead of a State seeking to relinquish territory, annexation occurs when the acquiring State asserts that it now holds the territory. Annexation will usual follow a military occupation of a territory, when the occupying power decides to cement its physical control by asserting legal title. The annexation of territory is essentially the administrative action associated with conquest. Mere conquest alone is not enough, but rather the conquering State must assert it is now sovereign over the territory concerned. For example, the defeat of Germany and Japan in 1945 led to their occupation by the United States and allies for a number of years, but the States themselves were not absorbed by the Allied Powers part of their respective territories. Examples of annexation in contemporary practice are not common, and are generally viewed as illegal." Rothwell, Donald; Kaye, Stuart; Akhtarkhavari, Afshin; Davis, Ruth (2014). "6.6 Cession and Annexation". International Law: Cases and Materials with Australian Perspectives. Cambridge University Press. ISBN 978-1-107-69119-3.
  • Marcelo G Kohen (2017). "Conquest". In Frauke Lachenmann; Rüdiger Wolfrum (eds.). The Law of Armed Conflict and the Use of Force: The Max Planck Encyclopedia of Public International Law. Oxford University Press. p. 289. ISBN 978-0-19-878462-3. Conquest and annexation are not synonymous either. The latter term is used within and outside the context of armed conflicts, to designate a unilateral decision adopted by a State in order to extend its sovereignty over a given territory. In many cases, the effective occupation of a terra nullius was followed by a declaration of annexation, in order to incorporate the territory under the sovereignty of the acquiring State. In the context of armed conflicts, annexation is the case in which the victorious State unilaterally declares that it is henceforth sovereign over the territory having passed under its control as a result of hostilities. This attempt at producing a transfer of sovereignty through the exclusive decision of the victor is not generally recognized as valid, both in classical and in contemporary international law. An example of a case of annexation preceding the adoption of the UN Charter is the annexation of Bosnia-Herzegovina by the Austro-Hungarian Empire in 1908. The annexation was not recognized by the major Powers and required a modification of the 1878 Treaty of Berlin which had simply granted Austria-Hungary the right to administer the territory. Another example is the annexation of Ethiopia by Italy in 1936. Examples of purported contemporary annexations are the Golan Heights annexed by Israel in 1980 and Kuwait by Iraq in 1990, both declared null and void by the Security Council, or the incorporation of Crimea and the City of Sebastopol in the Russian Federation.
  • Korman, S. (1996). The Right of Conquest: The Acquisition of Territory by Force in International Law and Practice. Clarendon Press. pp. 253–254 (also see note 11). ISBN 978-0-19-158380-3. Retrieved 9 March 2022. However, in an era which has repudiated the 'right of conquest', the term 'annexation' is discreetly avoided by all states effecting acquisitions of territory by force.
  • Jennings & Kohen 2017, p. 80. Jennings, R. Y.; Kohen, Marcelo (2017). The acquisition of territory in international Law with a New Introduction by Marcelo G. Kohen. Manchester University Press. ISBN 978-1-5261-1718-2.
  • Aust 2010, p. 36. Aust, Anthony (2010). Handbook of International Law. Cambridge University Press. ISBN 978-1-139-48578-4.
  • Jennings & Kohen 2017, p. 81. Jennings, R. Y.; Kohen, Marcelo (2017). The acquisition of territory in international Law with a New Introduction by Marcelo G. Kohen. Manchester University Press. ISBN 978-1-5261-1718-2.
  • Romano, Amy (2003). A Historical Atlas of Jordan. The Rosen Publishing Group. p. 51. ISBN 978-0-8239-3980-0.
  • Esherick, Joseph; Kayali, Hasan; Van Young, Eric (2006). Empire to Nation: Historical Perspectives on the Making of the Modern World. Rowman & Littlefield Publishers. p. 245. ISBN 978-0-7425-7815-9.
  • Zhai, Zhiyong (2017). 憲法何以中國. City University of HK Press. p. 190. ISBN 978-962-937-321-4.
  • Gao, Quanxi (2016). 政治憲法與未來憲制. City University of HK Press. p. 273. ISBN 978-962-937-291-0.
  • Anne-Marie Blondeau; Katia Buffetrille (2008). Authenticating Tibet: Answers to China's 100 Questions. University of California Press. p. 61. ISBN 978-0-520-24464-1. Archived from the original on 23 June 2016. It was evident that the Chinese were not prepared to accept any compromises and that the Tibetans were compelled, under the threat of immediate armed invasion, to sign the Chinese proposal.
  • Tsepon Wangchuk Deden Shakabpa (2009). One Hundred Thousand Moons: An Advanced Political History of Tibet. Brill. pp. 953, 955. ISBN 978-90-04-17732-1.

britannica.com

  • "Annexation". Encyclopædia Britannica. Encyclopædia Britannica Online. Retrieved 20 March 2014. Unlike cession, whereby territory is given or sold through treaty, annexation is a unilateral act made effective by actual possession and legitimized by general recognition.

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  • Dajani, Omar M. (2017). "Symposium on revisiting Israel's settlements: Israel's creeping annexation". AJIL Unbound. 111. Cambridge University Press: 51–56. doi:10.1017/aju.2017.21. ISSN 2398-7723. S2CID 149297181. Archived from the original on 25 January 2022. Retrieved 9 March 2022. …today's legal prohibition of conquest creates an incentive for states to obfuscate the reality of annexation that did not exist when such actions were lawful. Excessive formalism, accordingly, seems misplaced when assessing whether a state has manifested an intention to hold a territory "under its dominion" with sufficient clarity to constitute an unlawful annexation. Indeed, state practice offers no shortage of examples in which the international community has looked past a state's formal characterization of its actions when evaluating their lawfulness for this purpose—most recently in relation to Russia's annexation of Crimea. Accordingly, while a formal act of annexation is powerful evidence of intent, the lack of one is by no means dispositive. What other kinds of acts signal such an intention? As noted above, it may be signaled by a state's exercise, for a prolonged time, of the kinds of governmental functions typically reserved to a sovereign. An occupant's refusal to accept the law of occupation's applicability would seem probative for drawing this conclusion—as would a refusal to comply with duties under that law that relate specifically to distinguishing the rights of an occupant from those of a sovereign.

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  • Altman, Dan (2020). "The Evolution of Territorial Conquest After 1945 and the Limits of the Territorial Integrity Norm". International Organization. 74 (3): 490–522. doi:10.1017/S0020818320000119. ISSN 0020-8183. S2CID 226467742. Archived from the original on 3 March 2022. Retrieved 4 March 2022.
  • Dajani, Omar M. (2017). "Symposium on revisiting Israel's settlements: Israel's creeping annexation". AJIL Unbound. 111. Cambridge University Press: 51–56. doi:10.1017/aju.2017.21. ISSN 2398-7723. S2CID 149297181. Archived from the original on 25 January 2022. Retrieved 9 March 2022. …today's legal prohibition of conquest creates an incentive for states to obfuscate the reality of annexation that did not exist when such actions were lawful. Excessive formalism, accordingly, seems misplaced when assessing whether a state has manifested an intention to hold a territory "under its dominion" with sufficient clarity to constitute an unlawful annexation. Indeed, state practice offers no shortage of examples in which the international community has looked past a state's formal characterization of its actions when evaluating their lawfulness for this purpose—most recently in relation to Russia's annexation of Crimea. Accordingly, while a formal act of annexation is powerful evidence of intent, the lack of one is by no means dispositive. What other kinds of acts signal such an intention? As noted above, it may be signaled by a state's exercise, for a prolonged time, of the kinds of governmental functions typically reserved to a sovereign. An occupant's refusal to accept the law of occupation's applicability would seem probative for drawing this conclusion—as would a refusal to comply with duties under that law that relate specifically to distinguishing the rights of an occupant from those of a sovereign.
  • Carrie McDougall (2021). The Crime of Aggression under the Rome Statute of the International Criminal Court. Cambridge University Press. doi:10.1017/9781108769143. ISBN 978-1-108-73852-1. S2CID 241838777. Any of the following acts, regardless of a declaration of war, shall, in accordance with United Nations General Assembly Resolution 3314 (XXIX) of 14 December 1974, qualify as an act of aggression:(a) The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof;

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  • Boris N. Mamlyuk (6 July 2015). "The Ukraine Crisis, Cold War II, and International Law". The German Law Journal. SSRN 2627417.

theatlantic.com

  • "Tibet Through Chinese Eyes", The Atlantic, 1999, archived from the original on 19 May 2017, In Western opinion, the "Tibet question" is settled: Tibet should not be part of China; before being forcibly annexed, in 1951, it was an independent country.

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  •  One or more of the preceding sentences incorporates text from a publication now in the public domainBarclay, Thomas (1911). "Annexation". In Chisholm, Hugh (ed.). Encyclopædia Britannica. Vol. 2 (11th ed.). Cambridge University Press. p. 73.
  • GCIV Article 47, in the first paragraph in Section III: Occupied territories, restricted the effects of annexation on the rights of persons within those territories: "Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory."

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  • Altman, Dan (2020). "The Evolution of Territorial Conquest After 1945 and the Limits of the Territorial Integrity Norm". International Organization. 74 (3): 490–522. doi:10.1017/S0020818320000119. ISSN 0020-8183. S2CID 226467742. Archived from the original on 3 March 2022. Retrieved 4 March 2022.
  • Dajani, Omar M. (2017). "Symposium on revisiting Israel's settlements: Israel's creeping annexation". AJIL Unbound. 111. Cambridge University Press: 51–56. doi:10.1017/aju.2017.21. ISSN 2398-7723. S2CID 149297181. Archived from the original on 25 January 2022. Retrieved 9 March 2022. …today's legal prohibition of conquest creates an incentive for states to obfuscate the reality of annexation that did not exist when such actions were lawful. Excessive formalism, accordingly, seems misplaced when assessing whether a state has manifested an intention to hold a territory "under its dominion" with sufficient clarity to constitute an unlawful annexation. Indeed, state practice offers no shortage of examples in which the international community has looked past a state's formal characterization of its actions when evaluating their lawfulness for this purpose—most recently in relation to Russia's annexation of Crimea. Accordingly, while a formal act of annexation is powerful evidence of intent, the lack of one is by no means dispositive. What other kinds of acts signal such an intention? As noted above, it may be signaled by a state's exercise, for a prolonged time, of the kinds of governmental functions typically reserved to a sovereign. An occupant's refusal to accept the law of occupation's applicability would seem probative for drawing this conclusion—as would a refusal to comply with duties under that law that relate specifically to distinguishing the rights of an occupant from those of a sovereign.