Kaiyan Homi Kaikobad - Böcker

The persistent problems presented by territorial disputes are are among the most important of our time. The `Falklands War' and the war between Iran and Iraq are but recent illustrations of the potential for mischief which attaches to issues concerning boundaries and the validity of title to territory (including maritime rights). The significance of these issues is in inverse proportion to the level of understanding exhibited by the media and by political scientists. For the most part, it has been left to lawyers and geographers, with the occasional historian, to study particular disputes. The proper study of a boundary dispute calls for the careful teasing out of the strands of history, politics, diplomacy and law which go to make up the special universe of each boundary dispute. Dr Kaikobad has brought the necessary qualities of patience and scholarship to his task, and he has used an impressive variety of sources. The result is not only a major work on the background to the Gulf War but a contribution of quality to the literature on territorial disputes, to the development of a typology of disputes, and to diplomatic history.

This book seeks to examine a consistent theme occurring in judgements and awards given by international tribunals in the matter of boundary disputes, a theme which is predicated on finding some sort of difficulty in the implementation of those awards and judgements. This is a feature prominent in boundary and territorial disputes inasmuch as decisions relative to title to territory and location of a boundary line are always keenly contested and hotly disputed. Two remedies which have frequently been relied on by States are those of interpretation and revision. The author sheds light on how, when and in what circumstances will the tribunal be able to interpret or revise either its own or another tribunal's decisions. By doing so, the study succeeds in contributing to an understanding of this area of the law.