Effect of the Prohibition of Acquisition of Territory by Force
摘要
The Friendly Relations Declaration strongly indicates that use of force in self-defence cannot create territorial title. The 2024 ICJ Advisory Opinion strongly indicates that PATBF denies acquisition of territory by occupation, which involves use of force, under any circumstances, including in self-defence. Therefore, PATBF should be understood to have the effect of denying the acquisition of territorial title through use of force initiated as the exercise of the right to self-defence. For strengthening rule of law against attempts to acquire territory by force, double standards must be avoided, and the 2024 Opinion should be accepted as a single standard. This Opinion also indicates that the following five obligations for third States may arise from the violation of PATBF: (i) obligation not to recognise change in status, (ii) obligation not to recognise through diplomatic missions, (iii) obligation not to recognise through treaty, (iv) obligation not to render aid or assistance through economic or trade dealings, and (v) obligation to cooperate through preventing trade or investment relations rendering assistance. The legality of measures taken against the violation of PATBF needs to be determined on a case-by-case basis, but the existence of these obligations shall be taken into account in applying relevant rules of international law.