ABSTRACT

This chapter focuses on that there are several factors which impact negatively on the resolution of sovereignty conflicts—that is just acquisition, differences of various kinds among the parties, and so on. The representatives in the original position can review a series of principles in order to allocate the sovereignty of the territory. Before examining the principles of just distribution—as proposed by John Rawls—the attention can be focused on the principle of "just acquisition". First, because it is usually the one presented by every agent involved in any sovereignty conflict to support its claim and second—as it can be demonstrated, because it is the main reason why this kind of conflict remains in a legal and political limbo. In order to use the "best interest of the child" principle in sovereignty conflicts, the role usually given to the adults—parents, legal guardian—would be played by the competing sovereign states and that of the child would be given by the nonsovereign main territory.