(University of Oregon School of Law, 2024-05-01) Rossi, Christopher R.
An intractable sovereignty dispute over three Lower Gulf Islands in the Strait of Hormuz, a critical energy chokepoint, prompts a reconsideration of the ambiguities and tensions associated with international legal mechanisms to establish title to territory. Vagaries of history and competing narratives inform parochial perspectives of the disputants, the United Arab Emirates (UAE) and Iran, but tend to focus decision-maker attention on establishing a critical date on which to assess competing claims. This Article interrogates the significance of the critical date, noting its ontological development and shortcomings, and problematizes the significance of the critical date considering complexities associated with international law’s reliance on effectivités. Liberal internationalism’s chimerical emphasis on finality cannot escape the tensions associated with letting bygones be bygones through reliance on the critical date.
