The Right of Conquest: The Acquisition of Territory by Force in International Law and Practice

The notion that a state that emerges victorious in war is entitled to claim sovereignty over conquered territory in virtue of military victory or conquest was until recently a recognized principle of international law. This study is an inquiry into the place of the right of conquest in international relations since the early sixteenth century and the causes and consequences of its demise in the twentieth.
Part 1 examines the theoretical foundation of the right of conquest and its historical importance, particularly in the establishment of the European colonial empires. Part 2 shows how the First World War, which led to the rise of the principle of self-determination and to calls for the prohibition of aggressive war, prompted the reconstruction of international law and the consequent rejection of the right of conquest. Five cases studies of the seizure of territory since 1945 - Israel's annexation of East Jerusalem and the Golan Heights; India's annexation of Goa; the Falklands / Malvinas conflict; Indonesia's seizure of East Timor; and Iraq's conquest of Kuwait - are then used to evaluate the content and effectiveness of the modern law.
Korman concludes by considering the merits and defects of the abolition of the right of conquest from the standpoints of international order and justice.
Widely recognized as a leading authority on annexation in international law, this book has been cited by the Venice Commission in its legal advice on Russia's annexation of Crimea in 2014, and has been quoted in government submissions before the International Court of Justice.