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Cover Cases & Materials on International Law

7. Sovereignty over Territory  

Sovereignty is one of the fundamental concepts in international law. It is an integral part of the principles of equality of States, territorial integrity and political independence that are referred to in Article 2 of the United Nations Charter. Sovereignty is crucial to the exercise of powers by a State over both its territory and the people living in that territory. This chapter discusses traditional means of acquisition of territory; effective occupation; consent by other States; and limitations on sovereignty over territory.

Chapter

Cover Cases & Materials on International Law

7. Sovereignty over Territory  

Sovereignty is one of the fundamental concepts in international law. It is an integral part of the principles of equality of States, territorial integrity and political independence that are referred to in Article 2 of the United Nations Charter. Sovereignty is crucial to the exercise of powers by a State over both its territory and the people living in that territory. This chapter discusses traditional means of acquisition of territory; effective occupation; consent by other States; and limitations on sovereignty over territory.

Book

Cover International Law

Vaughan Lowe

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The opening chapters of the volume explain how international law underpins the international political and economic system by establishing the basic principle of the independence of States, and their right to choose their own political, economic, and cultural systems. Subsequent chapters then focus on considerations that limit national freedom of choice (e.g. human rights, the interconnected global economy, the environment). Through the organizing concepts of territory, sovereignty, and jurisdiction the text shows how international law seeks to achieve an established set of principles according to which the power to make and enforce policies is distributed among States.

Chapter

Cover International Law

5. Inside the State  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter examines the limits of State jurisdiction under international law. It begins by considering the limits of a State's legislative jurisdiction, its jurisdiction to prescribe laws. It covers jurisdiction over territory; maritime jurisdiction; jurisdiction over nationals; protective jurisdiction; universal jurisdiction; and other extra-territorial extensions of jurisdiction. The discussions then turn to treaty-based jurisdiction; competing and conflicting jurisdiction; extradition and legal co-operation; resolving jurisdictional conflicts; and immunities and other limitations on the exercise of a State's jurisdiction.

Chapter

Cover International Law

7. Territory  

Brendan Plant

Given the centrality of the territorial State to the structure of the international legal order, it has long been essential that international law supply rules to regulate the acquisition and delimitation of territorial sovereignty. These rules evolved significantly over the course of the twentieth century, as international adjudicators and scholars increasingly recognized that the traditional approach—based on a formalistic system comprising five ‘acquisitive modes’—was ill-suited to the task, and as the advent of the United Nations wrought fundamental and far-reaching changes in the composition and content of the international legal system. The modern law applicable to resolving disputes over the acquisition of territorial sovereignty or the delimitation of land boundaries is organized around the central concept of ‘title’, and it encompasses a diverse set of rules and principles. These rules include core principles of general application, such as State consent, the prohibition on the use of force, and self-determination, as well as more specific rules with particular relevance to territorial disputes, including uti possidetis juris, intertemporal law, and the critical date. Alongside these rules, territorial disputes invariably require consideration of States’ actual exercise of sovereign authority over a particular territory (effectivités).

Chapter

Cover Brownlie's Principles of Public International Law

9. Acquisition and transfer of territorial sovereignty  

Disputes concerning title to land territory, including islands, and over the precise determination of boundaries are regularly the subject of international proceedings. While the occupation of territory not belonging to any state (terra nullius) is no longer a live issue, issues concerning such occupation in the past may still arise. This chapter discusses the following, the ‘modes’ of acquisition, displacement of title, territorial disputes, and territorial sovereignty and peremptory norms.

Book

Cover International Law

Edited by Malcolm Evans

International Law is a collection of diverse writings from leading scholars in the field that brings together a broad range of perspectives on all the key issues in international law. Featuring chapters written by those actively involved in teaching and practice, this sixth edition explains the principles of international law, and exposes the debates and challenges that underlie it. The book contains seven parts. Part I provides the history and theory of international law. Part II looks at the structure of the international law obligation. Part III covers the subjects of the international legal order. Part IV looks at the scope of sovereignty. Part V looks at responsibility. Part VI considers how to respond to breaches in international obligations. Finally, Part VII looks at the various applications of international law and explains issues relating to the law of the sea, space law, environmental law, trade law, investment law, criminal law, human rights law, migration law, and the law of armed conflict.