Territorial dispute

This article is about the definition. For the South African Border War, see South African Border War.

A territorial dispute is a disagreement over the possession/control of land between two or more territorial entities or over the possession or control of land, usually between a new state and the occupying power.

Context and definitions

Territorial disputes are often related to the possession of natural resources such as rivers, fertile farmland, mineral or oil resources although the disputes can also be driven by culture, religion and ethnic nationalism. Territorial disputes result often from vague and unclear language in a treaty that set up the original boundary.

Territorial disputes are a major cause of wars and terrorism as states often try to assert their sovereignty over a territory through invasion, and non-state entities try to influence the actions of politicians through terrorism. International law does not support the use of force by one state to annex the territory of another state. The UN Charter says: "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations."

In some cases, where the boundary is not demarcated, such as the Taiwan Strait, and Kashmir, involved parties define a line of control that serves as the "de facto" international border.

  1. In cases where a nation emerges when declaring independence from a larger state, its ultimate recognition may not always grant the new state control over the territory it proposed as part of the declaration. Those lands remain unredeemed territory in the eyes of nationalist movements from the state, but do not otherwise cause a problem between the governments on each side of the border.
  2. In cases where territory was achieved through historical conquests such as an Empire, traditionalists may view former colonies as unredeemed territory.

Basis in international law

Territorial disputes have significant meaning in the international society, both because it is related to the fundamental right of states, sovereignty, and also because it is important for international peace. International law has significant relations with territorial disputes because territorial disputes tackles the basis of international law; the state territory. International law is based on the 'persons' of international law, which requires a 'defined territory' as mentioned in the Montevideo convention of 1933.

Article 1 of Montevideo Convention on the Rights and Duty of States "a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with other States" [1]

Also, as mentioned in B.T.Sumner's article, "In international law and relations, ownership of territory is significant because sovereignty over land defines what constitutes a state." [2]

Therefore, the breach of a country's borders or territorial disputes pose a threat to a state's very sovereignty and the right as a person of international law. In addition, territorial disputes are sometimes brought upon the International Court of Justice, as was the case in Costa Rica and Nicaragua (2005).[3] Territorial disputes cannot be separated from international law, because its basis is on the law of state borders, and because its potential settlement also relies on the international law and court.

See also

References

External links

This article is issued from Wikipedia - version of the 10/2/2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.