111. Disputes about territorial title.

In determining disputes between states about title to territory, two principles must be borne in mind.

  1.  

    (1)     The critical date. In many territorial disputes, there will be time by which the dispute between the contending states has crystallised and the dispute must be resolved according to the facts and law established to that time. The typical example is where there has been an agreement between states which purports to settle the question of title. This principle is intended to prevent the parties seeking to improve their legal positions by actions after the critical date