The Current State of the Rules of International Law against Attempts to Acquire Territory by Force: A Practitioner's View

Based on his experience, but speaking in his personal capacity, Ambassador Tomohiro Mikanagi will discuss the current state of the rules of international law against attempts to acquire territory by force. When powerful States are not satisfied with the territorial status quo and are unwilling to give up their interests for the sake of international peace, there is an inherent difficulty in stopping their attempts to acquire territory by force. In the past 100 years, efforts have been made to stop such attempts. Based on the recognition of the efforts made so far, Ambassador Mikanagi will examine the current state of the rules of international law against such attempts. He will examine the relationship between the prohibition on the use of force and the prohibition on the acquisition of territory by force and will discuss the scope of these prohibitions. He will also discuss whether States can acquire territory by the use of force in self-defence and examine obligations for third States arising from the violation of the prohibition on the acquisition of territory by force.

Ambassador Tomohiro Mikanagi is the Ambassador and Deputy Permanent Representative of Japan to the United Nations and was the Japanese Legal Advisor from 2022 to 2024. He also holds the title of Ambassador-at-Large for Cooperation on International Law.

He was a visiting fellow at the Lauterpacht Centre of International Law and is currently an LCIL Partner Fellow. He participated in the proceedings of the International Court of Justice (ICJ) for the Advisory Opinion issued on July 19, 2024. Japan's oral statement in February 2024 was unique as it focused exclusively on the prohibition on the acquisition of territory by force.

Chair: Prof Sandesh Sivakumaran