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Cover of: Kriegskollisionsrecht
Anton S. Zimmermann

Kriegskollisionsrecht

Section: Aufsätze
Volume 87 (2023) / Issue 3, pp. 465-496 (32)
Published 20.07.2023
DOI 10.1628/rabelsz-2023-0058
Published in German.
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  • Open Access
    CC BY 4.0
  • 10.1628/rabelsz-2023-0058
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Summary
War and the Conflict of Laws – Private International Law’s Treatment of Territorial Conquest. – The Russian war of aggression against Ukraine constitutes a breach of a fundamental consensus in public international law: states have authority over their territory. One element of territorial sovereignty is the right to legislate in the field of private law. If a territory is conquered, this right is – in breach of public international law – usurped by the conquering state. This article examines how private international law deals with such changes in factual power. It demonstrates that private international law is more flexible than is commonly assumed and that it can provide a differentiated and adequate reaction to occupations and annexations.