Territorial dispute

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.

• The term border dispute (or border conflict) applies to cases where a limited territory is disputed by two or more states, each contending state would publish its own maps to include the same region which would invariably lie along or adjacent to the recognised borders of the competing states, such as the Abyei region which is contested between Sudan and South Sudan. With border conflicts, the existence of the rival state is not being challenged (such as the relationship between the Republic of China and People's Republic of China, or the relationship between South Korea and North Korea), but each state will merely recognise the shape of the rival state as not containing the claimed territory - this in spite of who actually governs the land and how it is recognised in the international community.
• An occupied territory in general is a region distinct from the recognized territory of the sovereign states but which the occupying state controls, usually with military forces. Sometimes, a long-term occupation is generally maintained as a means to act upon a territorial claim, but this is not a prerequisite as occupation may also be strategic (such as creating a buffer zone or a preventive move to prevent a rival power obtaining control) or a means of coercion (such as a punishment, to impose some internal measures or for use as a bargaining chip).
• The term irredentism applies not only to border disputes but wider territorial claims:

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

• List of territorial disputes
  • List of border conflicts
• Fait accompli
• Frozen conflict
• Status quo ante bellum
• Thalweg
• Territorial disputes in the South China Sea
• Territorial disputes in the Persian Gulf
• Territorial disputes of Nicaragua

References

1. http://www.idpsrilanka.lk/Doc/International%20Human%20Rights%20Instruments/Montevideo%20Convention%20on%20the%20Rights%20and%20Duties%20of%20States.pdf
2. Sumner, Brian Taylor. "Territorial Disputes at the International Court of Justice". Duke Law Journal. Retrieved September 6, 2015.
3. "List of Cases referred to the Court since 1946 by date of introduction". International Court of Justice. Retrieved September 6, 2015.

External links

• Lectures by Malcolm Shaw entitled The International Legal Principles Relating to Territorial Disputes: The Acquisition of Title to Territory and Settling Territorial Disputes in the Lecture Series of the United Nations Audiovisual Library of International Law
• WorldStatesman – click on any state for the listing (after the chronological lists of statesmen) of Territorial Disputes it is party to
• Territorial disputes in CIA World Factbook
• USState Department/ FloridaStateUniversity International Border Studies
• List of top 10 Territorial disputes