Condominum Arrangements in International Practice: Reviving an Abandoned Concept of Boundary Dispute Resolution

Samuels, Joel H.

Journal: Michigan Journal of International Law

Volume: 29

First Page: 727

Year: 2008

Bluebook Citation: 29 MICH. J. INT'L L. 727 (2008)

Author: Joel H. Samuels: all 4 publications


Abstract

This Article attempts to revive the consideration of condominium as a possible solution to contemporary boundary disputes. Part I describes specific historic instances of condominia and derives relevant lessons from each instance. Part II notes that some critics of condominium have in fact confused condominium with other forms of joint dominion over territory. This Part proceeds, therefore, to distinguish condominium from these other arrangements.

Next, Part III discusses how experiences with common property regimes over common resources (such as water supplies) might inform the contemporary use of condominium. Finally, informed by lessons articulated in Parts I through III, Part IV develops a model for a successful condominium that could be tailored to resolve a contemporary boundary dispute.

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