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YFIL Dialogue on the Theory and Practice of Territorial Sovereignty

YFIL Dialogue on the Theory and Practice of Territorial Sovereignty


Rm. 122, Sterling Law Building, April 22, 2010, 12.10 pm to 1.15 pm



Ms. Jill Faley, LLM Tutor-in-Law and JSD candidate, Yale Law School

Professor Byung-woon Lyou, Hongyik University Law School, and Visiting Professor at Indiana University


       This dialogue invites rethinking on the theory and practice of international law argumentation on territorial sovereignty.  Contemporary international law has developed indicia of claims to territorial sovereignty, many of which (such as acquiescence, practice, and uti possidetis) are based largely on philosophical and political inclinations rather than archaeologic historical analysis.  When international law lends its sanction to boundary-formation, to what extent is this a product of a political imaginary as opposed to historical possession or previous occupation?  Jill Fraley reexamines these sensibilities prevailing in the theory of territorial sovereignty, in her work entitled “Origns of Territorial Sovereignty: Borders and International Law in the Eighteenth Century”.  Professor Lyou then presents an example of contemporary practice on territorial sovereignty in international law through the current “Japan-Korea dispute on the Dokdo Islets.”