PUBLIC INTERNATIONAL LAW- I

Topic: Territory in International Law

Submitted to: Sir Ali Raza Khokhar

Submitted by:
1. Akif Rasool (4905)
2. M Jawad (4993)
3. M Naman (4941)
4. Usman Umer (4985)
5. Fahad Bin Tariq 4963
6. Abdul Hanan (4981)
7. Usama Attaullah (4987)
8. Misbah-ud-din (4967)
9. M Umer (4915)
10. Usman Ashraf (4925)
11. Zuhair Yasin (4945)

Dr. Muhammad Iqbal Law School, GC University Lahore.

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 Abstract
Territory plays a pivotal role in establishing and maintaining the sovereignty of a state. As
Oppenheim famously stated, “a State without a territory is not possible,” emphasizing that while
territory is not the sole criterion for statehood under international law, the absence of a defined
geographical base renders statehood unimaginable. This concept forms the backbone of
international law and is integral to understanding a state’s legal and political identity.

The historical evolution of the international law of territory reveals the various methods by which
states acquire or lose territory. Key modes of acquisition include conquest, now largely prohibited
under international law; cession, which involves the peaceful transfer of territory through treaties;
secession, where a region declares independence from its parent state; and terra nullius,1 which
refers to unclaimed or abandoned land that can be occupied. Each mode reflects the complexities
of territorial governance and the changing dynamics of state sovereignty.

Territorial sovereignty encompasses the exclusivity of a state's control over its land, subsoil,
waters, and airspace, ensuring its jurisdiction remains inviolate. This sovereignty is intertwined
with territorial boundaries, jurisdictional rights, and the principle of self-determination, which
allows people within a territory to decide their political future. These principles also underscore
territorial exclusivity, which prevents other states from interfering in a sovereign state's affairs.

However, issues concerning the extent of a state's territory remain contentious, particularly with
emerging challenges such as climate change, disputes over natural resources, and the application
of international law to transboundary regions. The examination of territorial concepts sheds light
on the fundamental role of territory in statehood and the legal frameworks safeguarding
sovereignty.

Keywords: Territory, Sovereignty, International Law, Statehood, Territorial Acquisition, Cession,

Secession, Terra Nullius, Territorial Sovereignty, Self-Determination, Jurisdiction, Boundaries,
Historical Evolution, Territorial Exclusivity.

1
Britannica. (n.d.). Terra nullius. In Encyclopedia Britannica. Retrieved December 14, 2024, from
https://www.britannica.com/topic/terra-nullius

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Territory in International Law: Concepts, Principles, and Case Studies

The concept of territory is central to international law, forming the foundation of statehood and
sovereignty. A state's existence is intricately tied to its territorial integrity, which enables it to
exercise governance, maintain order, and establish its presence in the international community.
This assignment delves into the critical aspects of territory in international law, covering its
definitions, ingredients, types, modes of acquisition and loss, limits of territorial integrity, and
notable case studies. By examining these facets, the significance of territorial principles and their
practical application through case laws are elucidated.2

Introduction: Territory as a Pillar of Statehood

Territory is one of the essential elements that define a state under international law, alongside a
permanent population, government, and the capacity to engage in relations with other states.
Without a defined geographical area, a state's sovereignty and existence cannot be effectively
asserted. This principle underscores the pivotal role of territory in ensuring a state's identity,
governance, and autonomy in the global legal order.

The concept of territorial integrity is enshrined in public international law, emphasizing the
inviolability of a state's borders. It prohibits external interference, including the use of force, in
altering territorial boundaries. This principle has been a cornerstone of global peace, as
demonstrated by the international community's response to breaches of territorial integrity, such
as Russia's invasion of Ukraine in 2022.

2
Shaw, M. N. (2013). The International Court of Justice and the Law of Territory. Oxford Academic Books.

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Definitions of Territory in International Law

Renowned legal scholars have defined territory in nuanced ways, reflecting its multifaceted nature:

1. Oppenheim: Territory is a definite geographical area under a state's exclusive jurisdiction

where it exercises supreme authority.

2. Jennings and Watts: Territory comprises the land, subsoil, waters, and airspace under a
state's sovereignty.

3. Starke: It is the fixed portion of the globe that forms the physical basis of a state.

These definitions highlight key attributes of territory: its geographical definiteness, the exercise of
exclusive jurisdiction, and its role as a fundamental element of statehood.

Ingredients of Territory

The concept of territory in international law is rooted in several key ingredients that together form
the foundation of statehood and sovereignty. Each ingredient reflects a crucial aspect of how
territory defines the legal, geographical, and political dimensions of a state.

1. Definite Geographical Area: A state must have clearly defined boundaries to establish its
jurisdiction. These boundaries can be natural, such as rivers and mountains, or artificial,
marked by agreements or treaties. Without such definiteness, disputes and ambiguities
could arise, challenging the very existence of the state.

2. Sovereignty: Sovereignty refers to the ultimate authority that a state exercises within its
territory. This includes making laws, enforcing regulations, and protecting its domain from
external interference. Sovereignty ensures that a state is recognized as an independent
entity capable of self-governance.

3. Physical Components: Territory includes various physical components such as:

o Land: The terrestrial portion of the state, including urban areas, rural landscapes,
and natural features.

o Subsoil: Resources found beneath the Earth's surface, such as minerals and fossil
fuels.

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 o Waters: Internal waters, territorial seas, rivers, and lakes.

o Airspace: The space above the state's land and waters, extending to the limits
defined by international conventions.

4. Legal Jurisdiction: A state's territory provides the basis for exercising legal control,
enabling the government to enforce laws, maintain order, and administer resources. Legal
jurisdiction ensures that a state's authority is recognized and upheld within its borders.

5. Integral Connection to Statehood: Territory is not just a physical space; it is a

fundamental aspect of statehood. Without a defined territorial base, a state's identity and
capacity to engage in international relations would be compromised.

Each ingredient reinforces the interconnectedness of territory, sovereignty, and governance,

making it a cornerstone of public international law.

Types of Territories in International Law

Territories in international law can be categorized based on their sovereignty, control, and legal
status. These categories reflect the diverse ways in which territory is understood and governed
under international law.

1. State Territory

State territory includes all the land, internal waters, subsoil, and airspace under the sovereignty of
a state. It is the most recognized and protected form of territory under international law, where the
state exercises full jurisdiction. For example:

• The territorial sea, extending 12 nautical miles from a state's coastline, is considered part
of its territory under the United Nations Convention on the Law of the Sea (UNCLOS).

2. Res Nullius (Unowned Territory)

Res Nullius refers to territories not under the sovereignty of any state. These areas can be acquired
through occupation, provided no prior claims exist, and the occupying state demonstrates effective
control. Examples include:

• Uninhabited islands in the Pacific, which states may claim if they fulfill the requirements
of effective occupation.
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3. Res Communis (Common Heritage of Mankind)

Res Communis includes regions that cannot be claimed by any state and are meant to be shared
for the benefit of humanity. These territories are often governed by international agreements.
Examples include:

• The High Seas, regulated by UNCLOS, and outer space, governed by the Outer Space
Treaty (1967).

4. Territorial Sea and Exclusive Economic Zones (EEZs)

UNCLOS also governs adjacent maritime zones, granting states specific rights:

• Territorial Sea: A 12-nautical-mile zone where the state exercises sovereignty.

• EEZ: Extends up to 200 nautical miles, where the state has rights over natural resources
but not full sovereignty.

5. Trust Territories and Mandates

These territories were established after World Wars I and II, where the League of Nations or the
United Nations supervised their administration until they achieved independence or integration.
For instance:

• Namibia was a trust territory under South African administration before gaining
independence in 1990.

6. Occupied Territory

Occupied territories arise during conflicts when a state or military force takes control of a foreign
territory without annexing it. These areas are governed by international conventions such as:

• The Hague Regulations (1907).

• The Fourth Geneva Convention (1949), which protects the rights of inhabitants in occupied
regions.

Each type of territory highlights different dimensions of sovereignty, governance, and international
cooperation, reflecting the diversity and complexity of territorial principles in international law.

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Modes of Acquiring Territory in International Law

International law recognizes specific methods through which states may acquire territory:

1. Occupation: States may claim sovereignty over unclaimed or abandoned territories by

exercising effective control.

o Case: In the Island of Palmas Case (1928), the tribunal upheld effective control as
the basis for sovereignty, favoring the Netherlands over the United States.

2. Annexation: Historically involved integrating conquered territory, now prohibited under

Article 2(4) of the UN Charter.

o Case: The Nicaragua v. United States (1986) case addressed interventions violating
sovereignty.

3. Accretion: Refers to the natural formation of new land, such as through sediment
deposition.

o Case: The Mississippi v. Louisiana (1906) case dealt with territorial changes caused
by natural processes.

4. Cession: The transfer of territory through treaties or agreements, such as purchases or

mergers.

o Case: The Louisiana Purchase (1803) is a prime example of peaceful territorial

acquisition.

5. Prescription: Involves acquiring territory through prolonged and unchallenged control.

o Case: The Temple of Preah Vihear Case (1962) saw Cambodia gain sovereignty
based on Thailand's implicit recognition.

Concept of Sovereignty

Sovereignty refers to the supreme authority of a state over its territory, encompassing the right to
exercise legislative, administrative, and judicial control within its borders. In international law,
sovereignty is a foundational principle that defines the legal status of territory, recognizing the
state's exclusive rights and responsibilities over land, airspace, and adjacent waters. It includes the
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power to regulate internal matters without external interference while respecting the sovereignty
of other states. Sovereignty also plays a crucial role in territorial disputes, where states assert
claims based on historical possession, effective control, or legal agreements. The International
Court of Justice (ICJ) frequently adjudicates disputes involving territorial sovereignty, relying on
treaties, customary international law, and principles like uti possidetis juris (as you possess, so you
may hold). Modern challenges to sovereignty, such as globalization and transnational
environmental concerns, continue to shape its interpretation in international law, emphasizing its
dynamic and evolving nature.3

Modes of Losing Territory in International Law

Similarly, states may lose territory through various mechanisms:

1. Cession: Voluntary transfer of sovereignty through treaties or agreements.

o Case: The Alaska Purchase (1867) involved Russia selling Alaska to the United
States.

2. Conquest: Historically involved forcible acquisition, now prohibited under the UN

Charter.

o Case: Iraq's invasion of Kuwait in 1990, condemned as unlawful by the UN.

3. Secession: When a region declares independence from its parent state.

o Case: In the Kosovo Declaration of Independence (2008), the ICJ deemed Kosovo's
declaration consistent with international law.

4. Natural Causes: Loss of territory due to environmental changes like rising sea levels.

o Case: The Bangladesh-India Sundarbans dispute highlights challenges posed by

climate change.

3
Wilde, R. (2008). The Idea of International Territorial Sovereignty. Oxford Academic Books.

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Limits of Territorial Integrity

While territorial integrity is a sacrosanct principle, international law permits exceptions under
specific conditions. Article 42 of the UN Charter allows the UN Security Council to authorize
force in conflict zones, while Article 51 recognizes the right to self-defense against armed attacks.
These provisions balance state sovereignty with the need for international peace and security.4

Case Studies in Territorial Disputes

Case laws provide a practical lens through which territorial principles are applied. Key examples
include:

1. Malaysia v. Singapore (2008): Effective Control in Action

The ICJ adjudicated a territorial dispute over Pedra Branca, Middle Rocks, and South Ledge. By
analyzing historical conduct and effective control, the court ruled that:

• Pedra Branca belonged to Singapore due to its governance over the islet.

• Middle Rocks were awarded to Malaysia.

• South Ledge’s sovereignty depended on territorial waters' delimitation.

This case illustrates the importance of effective control and consistent state conduct in resolving
territorial claims.

2. Frontier Lands Dispute (1959): The Role of Treaties

Belgium and the Netherlands contested sovereignty over border enclaves. The ICJ upheld pre-
existing treaties, affirming Belgium’s claims. This case underscores the importance of respecting
agreements and utilizing diplomacy in territorial disputes.

3. Island of Palmas Case (1928): Sovereignty Through Control

In this arbitration, the Netherlands prevailed over the United States by demonstrating effective and
peaceful administration of the disputed island. The case set a precedent emphasizing effective
control over historical claims.

4
Krause, P. (2018). How human boundaries become state borders: Radical flanks and territorial control in the
modern era. American Journal of Health Behavior, 42(5), 572-583

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4. Temple of Preah Vihear Case (1962): Maps as Evidence

The ICJ ruled in favor of Cambodia, recognizing a colonial-era map that placed the temple within
its territory. Thailand’s failure to challenge the map reinforced Cambodia’s sovereignty,
highlighting the role of acquiescence and cartographic evidence.

5. Kuwait Invasion (1990): Prohibiting Conquest

Iraq’s invasion of Kuwait violated Article 2(4) of the UN Charter. The international community’s
collective response, including military intervention, reaffirmed the prohibition of territorial
conquest and the principle of collective security.

6. Kosovo Declaration of Independence (2008): Self-Determination

Kosovo’s independence highlighted tensions between self-determination and territorial integrity.

The ICJ concluded that Kosovo’s declaration did not violate international law, reflecting the
complexities of balancing these principles.

Constructive Criticism of Territorial Principles

Despite their significance, territorial principles in international law face challenges:

1. Ambiguity in Definitions: The lack of universal consensus complicates interpretations.

2. Colonial Legacy: Many territorial disputes stem from outdated colonial boundaries.

3. Sovereignty vs. Human Rights: Overemphasis on sovereignty often undermines

indigenous and minority rights.

4. Resource Conflicts: Disputes over natural resources are inadequately addressed.

5. Adaptability: Rising sea levels and other transnational challenges necessitate modernized
frameworks.5

5
Tsheola, J. (2015). Governance, 'sovereignty-state-territory triad', human population migration and xenophobia in
(South) Africa. TD: The Journal for Transdisciplinary Research

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Conclusion
Territorial integrity is a cornerstone of international law, ensuring state sovereignty and promoting
global stability. Through recognized modes of acquisition and loss, as well as legal frameworks
like the UN Charter, states navigate the complexities of territorial governance. Case laws provide
critical insights into the practical application of these principles, underscoring the dynamic and
evolving nature of territorial disputes. By fostering adherence to legal norms and promoting
peaceful resolutions, international law continues to safeguard the sanctity of territory in an
increasingly interconnected world.

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