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Creeping migration: "is illegal purchase or leasing of property and lands" from KG citizens to TJ citizens.
* "selling a home" is seen as equal to "selling the border".
FINAL EXAM
* Case on midterm (the final case will be almost similar)
* Where the border should be? What map should be used?
* Tajikistan likes the maps that was created in 1924-1925
* Kyrgyzstan likes the maps that was created in 1958-1959
* According to 1924 Vorukh is not an enclave but rather should be connected to TJ's main land
* 1958 maps-> Vorukh is enclave
* ICJ looks to (before decision making): Treaties, State Practice, General principles, Scholarly works, etc.
1) Alma- Aty Protocol (1991): The borders are the same as in the soviet Union (Uti possidetis juris)
=> Treaty that can be used for defining borders of KG and TJ
2) What documents do we have?
- maps that was created in 1924-1925
- maps that was created in 1958-1959
3) Since there is no document on true territory of state, the ICJ courts use other methods:
* Effective Control Method
- Decolonization period (Colonial effectivity: tax laws, policing, etc.)
-
*******
FINAL EXAM going to be pretty similar to mid-term
* CASE (KG and TJ border) [especially look at effective control]
* Do you think that Uti possidetis juris should be used to define a border ?
* Pros and cons of uti possidetis juris ?
*
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