The Role of the United Nations and Recognition in Sovereignty Determinations: How Australia Breached Its International Obligations in Ratifying the Tmor Gap Treaty

Authors

• Michael Shane French-Merril

Abstract

The note examines the International Court of Justice's (ICJ) decision in the *Case Concerning East Timor*, highlighting the tension between factual sovereignty and legal principles in international law. It argues that the ICJ's dismissal of Portugal's case against Australia due to lack of jurisdiction underscored the limitations of international adjudication in resolving sovereignty disputes. The case raises critical questions about the recognition of sovereignty acquired through force, the role of erga omnes obligations, and the UN's role in territorial disputes.

Disciplines

Comparative and Foreign Law | International Trade Law | Law | Law of the Sea

Recommended Citation

Michael S. French-Merril, The Role of the United Nations and Recognition in Sovereignty Determinations: How Australia Breached Its International Obligations in Ratifying the Tmor Gap Treaty, 8 Cardozo J. Int'l & Comp. L. 285 (2000).
Available at: https://larc.cardozo.yu.edu/cjicl/vol8/iss2/6