Harmon Doctrine

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The Harmon Doctrine, or the doctrine of absolute territorial sovereignty, [1] holds that a country has absolute sovereignty over the territory and resources within its borders. [1] [2]

Contents

Background

The doctrine is named after U.S. Attorney General Judson Harmon, who made a comment during the Chamizal dispute, a dispute between USA and Mexico over the Rio Grande in 1895, in reference to international watercourses [3] [4]

The fact that the Rio Grande lacks sufficient water to permit its use by the inhabitants of both countries does not entitle Mexico to impose restrictions on the USA [...] The fundamental principle of international law is the absolute sovereignty of every nation, as against all others, within its own territory. All exceptions […] to the full and complete power of a nation within its own territories must be traced up to the consent of the nation itself. They can flow from no other legitimate source. [...] [T]he rules, principles, and precedents of international law impose no liability or obligation upon the United States.

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References

  1. 1 2 Stephen C. McCaffrey (1996). The Harmon Doctrine One Hundred Years Later: Buried, Not Praised, 36 Nat. Resources J. 965.
  2. "Harmon doctrine". United Nations Economic and Social Commission for Western Asia. Retrieved 2020-12-12.{{cite web}}: CS1 maint: url-status (link)
  3. "Part 2. Article 5. (5.1.1) Theories of allocation". UN Watercourses Convention. Retrieved 2020-12-12.{{cite web}}: CS1 maint: url-status (link)
  4. Rahaman, M.M. (2009) 'Principles of international water law: creating effective transboundary water resources management', Int. J. Sustainable Society, Vol. 1, No. 3, pp.207–223.

Further reading