Territorial Leasing in Diplomacy and International Law

ISBN: 9789004293618 出版年：2015 页码：266 Michael J Strauss Brill

TABLE OF CONTENTS Preface Introduction Chapter 1. Territorial Leases and Servitudes Terminology in Disarray Defining International Servitudes Defining Territorial Leases The Political Dimension Variations in Territorial Leases Why States Opt for Leases Chapter 2. Conceptual Sources States and Territory State-Territory Relationship Theories Territorial Transactions as Property Transactions The Components of State Territory as Property The Duality of Territory as Property Territory as Property - The Broader View Title, Effective Control and Sovereignty Chapter 3. Historical Sources The Origins of Territorial Leases The First Known Lease: Babylonia Medieval Leases in The Pyrenees An Outpost of European Merchants: Macao Leases with Territory as Collateral Trading Companies and Leased Empires Leases in Chinese Treaty Ports Chapter 4. Leases and Sovereignty Today The Surge in Leasing Activity Leased Territories in China Coaling Stations and Maritime Trade Systematic Leasing Programs Challenges to the Lessor's Sovereignty The Theory of Disguised Cessions The Qualities of Sovereignty Chapter 5. Structural Components Affirmation of Sovereignty Assignment of Rights Jurisdictional Rights Obligations of the Parties Duration of the Lease Compensation to the Lessor A Widening Field of Options Chapter 6. Administration of Leased Territories Management of the Lease Compliance Procedures Governing Leased Territories Populations on Leased Territories Managing International Obligations Chapter 7. Problematic Provisions Transfer of Rights Duration of the Lease Compensation Issues Chapter 8. Altering and Ending Leases Durational Elasticity When Leases End State Succession and Leases Termination Agreements Chapter 9. Post-Termination Issues Formerly Leased Zones Assimilation with the Lessee State Accommodating an Altered Territory Chapter 10. War and Occupation Leased Territories in War Leased Territory as Occupied Territory Chapter 11. Modern Trends in Territorial Leasing Involvement of Non-State Actors Oil and Other Natural Resource Leases The OTRAG Lease Leases of Foreign Agricultural Land Leases of Sovereign Airspace Conclusion The Future of Territorial Leases Bibliography Published Works Interviews with the Author Speeches International Documents Treaties and Conventions Agreements between States and Non-State Actors Cases Cited Constitutions, Laws and Orders Cited Index