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.
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This chapter begins with a brief discussion of the concept of territory. It explains key terms and distinctions, including sovereignty and jurisdiction, sovereignty and ownership, sovereignty and administration, and ‘sovereign rights’ beyond state territory. This is followed by discussions of territorial administration separated from state sovereignty and restrictions on disposition of territory.
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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.
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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 three concepts of State: first, that of the territory of the State, which is an area; second, that of the border of the State, which is a line having adjacent to it a vaguer ‘frontier’ zone; and third, that of the State itself, which is a legal concept that denotes the political society that is based in the territory. It begins with a discussion of how we know that a piece of territory belongs to one State rather than to another. It then considers the requirements that states must meet as a person of international law: a permanent population; a defined territory; government; and the capacity to enter into relations with the other states. Next, the chapter deals with the requirement of ‘legitimacy’ that must be satisfied by candidates for Statehood, focusing on the issues of recognition in domestic law and state succession.
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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.
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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.
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This chapter begins with a discussion of international procedures of territorial disposition, covering agreement between the states concerned, joint decision of the principal powers, and action by United Nations organs. It turns to the issue of sovereignty displaced or in abeyance, covering territory sub judice, territory title to which is undetermined, terra nullius, res communis, and Antarctica.
