Territorial dispute

Last updated
The Line of Control divides the Pakistan-controlled Azad Kashmir and Gilgit-Baltistan and the Indian-controlled union territory of Jammu and Kashmir and Ladakh. The Line of Actual Control divides the China-controlled Aksai Chin and the Indian-controlled union territory of Ladakh. Kashmir Region November 2019.jpg
The Line of Control divides the Pakistan-controlled Azad Kashmir and Gilgit-Baltistan and the Indian-controlled union territory of Jammu and Kashmir and Ladakh. The Line of Actual Control divides the China-controlled Aksai Chin and the Indian-controlled union territory of Ladakh.
Map of the current buffer zone in Cyprus Cyprus BufferZoneInBlue.png
Map of the current buffer zone in Cyprus

A territorial dispute or boundary dispute is a disagreement over the possession or control of territories (land, water or airspace) between two or more political entities.

Contents

Context and definitions

Territorial disputes are often related to the possession of natural resources such as rivers, fertile farmland, mineral or petroleum resources although the disputes can also be driven by culture, religion, and ethnic nationalism. Territorial disputes often result 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 states, "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 in which the boundary is not demarcated, such as the Taiwan Strait, and Kashmir, the parties involved define a Line of Control, which serves as the de facto international border.

Basis in international law

Territorial disputes have significant meaning in the international society, both by their relation to the fundamental right of states, sovereignty and also because they are 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 1933 Montevideo Convention on the Rights and Duties of States.

Article 1 of the Montevideo Convention declares that "[t]he state as 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, B. T. Sumner's article mentions, "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 to the International Court of Justice, as was the case in Costa Rica and Nicaragua (2005). [3] Territorial disputes cannot be separated from international law, whose basis is on the law of state borders, and their potential settlement also relies on international law and the Court.

See also

Related Research Articles

<span class="mw-page-title-main">Montevideo Convention</span> 1933 pan-American treaty on statehood

The Montevideo Convention on the Rights and Duties of States is a treaty signed at Montevideo, Uruguay, on December 26, 1933, during the Seventh International Conference of American States. At the conference, United States President Franklin D. Roosevelt and Secretary of State Cordell Hull declared the Good Neighbor Policy, which opposed U.S. armed intervention in inter-American affairs. The convention was signed by 19 states. The acceptance of three of the signatories was subject to minor reservations. Those states were Brazil, Peru and the United States.

<span class="mw-page-title-main">Diplomatic recognition</span> Political act where a state acknowledges an act or status of another state/government

Diplomatic recognition in international law is a unilateral declarative political act of a state that acknowledges an act or status of another state or government in control of a state. Recognition can be accorded either on a de facto or de jure basis. Partial recognition can occur if many sovereign states refuse to recognize an entity as a peer. Recognition can be a declaration to that effect by the recognizing government or may be implied from an act of recognition, such as entering into a treaty with the other state or making a state visit. Recognition may, but need not, have domestic and international legal consequences. If sufficient countries recognise a particular entity as a state, that state may have a right to membership in international organizations, while treaties may require all existing member countries unanimously agreeing to the admission of a new member.

<span class="mw-page-title-main">Serranilla Bank</span> Colombian-controlled uninhabited reef in the western Caribbean Sea

Serranilla Bank is a partially submerged reef, with small uninhabited islets, in the western Caribbean Sea. It is situated about 350 kilometres (220 mi) northeast of Punta Gorda, Nicaragua, and roughly 280 kilometres (170 mi) southwest of Jamaica. The closest neighbouring land feature is Bajo Nuevo Bank, located 110 kilometres (68 mi) to the east.

<span class="mw-page-title-main">Bajo Nuevo Bank</span> Colombia-controlled uninhabited reef in the western Caribbean Sea

Bajo Nuevo Bank, also known as the Petrel Islands, is a small, uninhabited reef with some small grass-covered islets, located in the western Caribbean Sea at 15°53′N78°38′W, with a lighthouse on Low Cay at 15°51′N78°38′W. The closest neighbouring land feature is Serranilla Bank, located 110 kilometres to the west.

The status of territories captured by Israel is the status of the Gaza Strip, the West Bank, the Golan Heights, and the Sinai Peninsula, all of which were captured by Israel during the 1967 Six-Day War.

<span class="mw-page-title-main">Malaysia–Singapore border</span> International border

The Malaysia–Singapore border is an international maritime border between the Southeast Asian countries of Malaysia, which lies to the north of the border, and Singapore to the south. The boundary is formed by straight lines between maritime geographical coordinates running along or near the deepest channel of the Straits of Johor.

International law is the set of rules, norms, and standards that states and other actors feel an obligation to obey in their mutual relations and generally do obey. In international relations, actors are simply the individuals and collective entities, such as states international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, often written expectations for behavior and norms are less formal, customary expectations about appropriate behavior that are frequently unwritten. It establishes norms for states across a broad range of domains, including war and diplomacy, economic relations, and human rights.

Territorial disputes of Nicaragua include the territorial dispute with Colombia over the Archipelago of San Andrés, Providencia and Santa Catalina and Quita Sueño Bank. Nicaragua also has a maritime boundary dispute with Honduras in the Caribbean Sea and a boundary dispute over the Rio San Juan with Costa Rica.

The United States has land borders with only Canada and Mexico, both of them long. It has maritime boundaries with many countries due to its extensive exclusive economic zone (EEZ). All of its maritime borders with Canada are at least partially disputed, and its territorial claims on three Caribbean islands are disputed.

<span class="mw-page-title-main">Belizean–Guatemalan territorial dispute</span> Border dispute in Central America

The Belizean–Guatemalan territorial dispute is an unresolved territorial dispute between the states of Belize and Guatemala, neighbours in Central America. During the late 1600s and throughout the 1700s, Britain and Spain signed several treaties regarding territories in the Americas. Both nations agreed that the territory of modern-day Belize was under Spanish sovereignty though British settlers could use the land, in specific areas and for specific purposes. The area was never fully under British or Spanish rule at this time and the British settlers continually expanded far past the boundaries set by the treaties. When the Spanish Empire fell, Guatemala said that it inherited Spain's sovereign rights over the territory. Since independence Guatemala has claimed, in whole or in part, the territory of Belize.

<span class="mw-page-title-main">Colombia–Nicaragua relations</span> Bilateral relations

Colombia–Nicaragua relations entail the diplomatic relations between the Republic of Colombia and the Republic of Nicaragua. The relationship between the two Hispanic American countries has evolved amid conflicts over the San Andrés y Providencia Islands located in the Caribbean Sea close to the Nicaraguan shoreline and the maritime boundaries covering 150,000 km2 that included the islands of San Andrés, Providencia and Santa Catalina and the banks of Roncador, Serrana, Serranilla and Quitasueño as well as the 82nd meridian west which Colombia claims as a border but which the International Court has sided with Nicaragua in disavowing. The sea around the archipelago has been under Colombian control since 1931 when a treaty was signed during US occupation of Nicaragua, giving Colombia control over the area. Both nations are members of the Association of Caribbean States, Community of Latin American and Caribbean States, Organization of American States, Organization of Ibero-American States and the United Nations.

<i>Libya–Chad Territorial Dispute case</i> Public international law case

The Case Concerning the Territorial Dispute [1994] is a public international law case decided by the International Court of Justice (ICJ) concerning the border between the Libyan Arab Jamahiriya and the Republic of Chad. The case was put forward to settle a territorial dispute between the two countries, particularly over a strip of land called the Aouzou Strip which Libya had occupied since the Chadian–Libyan War, and an area which Libya called the Libya–Chad Borderlands or simply the Borderlands. Libya's claim to the Borderlands included parts of the regions of Borkou, Ennedi and Tibesti, including parts of the localities of Erdi, Kanem and Ounianga. It also covered the Chadian region of B.E.T., excluding northern Kanem.

The Malaysia–Philippines border is a maritime boundary located in the South China, Sulu and Celebes Seas. It separates the Malaysian state of Sabah, which is on the island of Borneo, and the Sulu Islands of the southern Philippines.

A sovereign state is a state that has the highest authority over a territory.

<span class="mw-page-title-main">Maritime boundary</span> Conceptual division of Earths water surface areas using physiographical or geopolitical criteria

A maritime boundary is a conceptual division of Earth's water surface areas using physiographical or geopolitical criteria. As such, it usually bounds areas of exclusive national rights over mineral and biological resources, encompassing maritime features, limits and zones. Generally, a maritime boundary is delineated at a particular distance from a jurisdiction's coastline. Although in some countries the term maritime boundary represents borders of a maritime nation that are recognized by the United Nations Convention on the Law of the Sea, maritime borders usually serve to identify the edge of international waters.

References

  1. "Convention on Rights and Duties of States, Signed at Montevideo, December 26, 1933". Historical Documents. Office of the Historian. 1933-12-26. Retrieved 2024-06-27.
  2. Sumner, Brian Taylor. "Territorial Disputes at the International Court of Justice". Duke Law Journal. Archived from the original on March 3, 2016. Retrieved September 6, 2015.
  3. "List of Cases referred to the Court since 1946 by date of introduction". International Court of Justice. Archived from the original on September 6, 2015. Retrieved September 6, 2015.