Territorial integrity is the principle under international law where sovereign states have a right to defend their borders and all territory in them from another state. It is enshrined in Article 2(4) of the UN Charter and has been recognized as customary international law. [1] Under this principle, forcible imposition of a border change is an act of aggression.
In the post-World War years, there has been tension between this principle and the concept of humanitarian intervention under Article 73.b of the United Nations Charter "to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement." [2]
Some of the strongest safeguards of territorial integrity are rule of law such as Charter of the United Nations and nuclear deterrence. [3]
Scholars have debated the existence of a territorial integrity norm since the end of World War II. [4] [5] Conquest of large swaths of territory has been rare, [6] but states have since 1945 continued to pursue (and often successfully) the violent annexation of small swaths of territory. [5] [7]
Prior to the modern era, there was not a clearly defined system of international boundaries. [8] Rather, authority over territorial spaces was non-linear, often overlapping and shifting. [9] [10] According to Mark Zacher, "precisely surveyed national borders only came into clear view in the eighteenth century". [11] Guntram Herb dates the emergence of clearly defined political territories to the 15th century. [12]
The Peace of Westphalia in 1648 is commonly considered to have established territorial integrity as a cornerstone of sovereignty, embodied in the concept of Westphalian sovereignty, but even this did not necessarily reflect any absolute right to particular territory. [13] Even after Westphalia, territorial exchange remained common between states. In turn, these states were culturally diverse and politically disorganized, and people were not collectively identified by state borders. [14]
The emergence of nationalism and self-determination in the 18th and 19th centuries began to alter people's perception of the states in which they resided. Nationalism promoted the belief that territory belonged to a nation and that the territorial integrity of a nation should be respected. [15] Guntram Herb argues national identity is "dependent on territory because only territory provides tangible evidence of the nation's existence and its historical roots, and a nation needs a clearly demarcated national territory to demand its own state". [16] John Etherington agrees, stating: "Underlying all nationalist claims over territory is the proposition that nation and territory ultimately belong to each other, to the extent that the characteristic features of each cannot be understood without making reference to the other". [17] He observes how, because all nationalist movements necessarily make territorial claims in a world marked by competing claims over territory, this becomes an essential part of their self-justification. [18]
Following World War I, the establishment of the League of Nations ushered in a new era of international cooperation. The League's Covenant codified territorial integrity as a key principle of international law. [19] However, the political conditions for maintaining the territorial status quo after the war were not always maintained and various post-war settlements involved exchanges of territory irrespective of local populations. [20]
With the formation of the United Nations (UN) and, later, such organizations as the Conference on Security and Cooperation in Europe (now Organization for Security and Co-operation in Europe), territorial integrity became a well-established part of international resolutions. The UN Charter of 1945 affirmed states’ obligation not to use force to alter state boundaries. [21] Enforcement difficulties in the 21st century [22] have led to controversy on possible re-emergence of the right of conquest as international law. [23]
The recent (post-World War II) strict application of territorial integrity has given rise to a number of problems and, when faced with reality "on the ground", can be seen as too artificial a construct. [24]
At the 2005 World Summit, the world's nations agreed on a "Responsibility to Protect", allowing a right for humanitarian intervention. It has been argued that this could create a flexible application of concepts of sovereignty and territorial integrity, easing the strict adherence and taking into account the de facto status of the territory and other factors present on a case by case basis. [25] The United Nations Security Council Resolution 1674, adopted by the United Nations Security Council on April 28, 2006, "Reaffirm[ed] the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". [26]
However, this responsibility to protect refers only to the ability of external powers to override sovereignty and does not explicitly involve the changing of borders.
The International Court of Justice advisory opinion on Kosovo's declaration of independence claims that territorial integrity is not violated as far as international law is concerned by declarations of independence in themselves.
Writing on the cross-border institutions created in Northern Ireland following the Good Friday Agreement, Cathal McCall observes how these configurations constituted a "functional transterritorial model of governance for Northern Ireland based on the principles of interdependence, inclusion and consent" as opposed to the previous "exclusivist territorial political pillars of modern Irish nationalism and Ulster unionism". [27] That is, the exclusivist assumptions of territorial integrity, embodied in Irish nationalism and Ulster unionism were blurred by the Agreement's implementation of cross-border decision-making.
Irredentism is one state's desire to annex the territory of another state. This desire can be motivated by ethnic reasons because the population of the territory is ethnically similar or the same to the population of the parent state. Historical reasons may also be responsible, i.e., that the territory previously formed part of the parent state. However, difficulties in applying the concept to concrete cases have given rise to academic debates about its precise definition. Disagreements concern whether either or both ethnic and historical reasons have to be present and whether non-state actors can also engage in irredentism. A further dispute is whether attempts to absorb a full neighboring state are also included. There are various types of irredentism. For typical forms of irredentism, the parent state already exists before the territorial conflict with a neighboring state arises. However, there are also forms of irredentism in which the parent state is newly created by uniting an ethnic group spread across several countries. Another distinction concerns whether the country to which the disputed territory currently belongs is a regular state, a former colony, or a collapsed state.
Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. De jure sovereignty refers to the legal right to do so; de facto sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and reside within the same organization.
Self-determination refers to a people's right to form its own political entity, and internal self-determination is the right to representative government with full suffrage.
United Nations Security Council Resolution 242 (S/RES/242) was adopted unanimously by the UN Security Council on November 22, 1967, in the aftermath of the Six-Day War. It was adopted under Chapter VI of the UN Charter. The resolution was sponsored by British ambassador Lord Caradon and was one of five drafts under consideration.
A territorial dispute or boundary dispute is a disagreement over the possession or control of territories between two or more political entities.
The right of conquest was historically a right of ownership to land after immediate possession via force of arms. It was recognized as a principle of international law that gradually deteriorated in significance until its proscription in the aftermath of World War II following the concept of crimes against peace introduced in the Nuremberg Principles. The interdiction of territorial conquests was confirmed and broadened by the UN Charter, which provides in article 2, paragraph 4, that "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." Although civil wars continued, wars between established states have been rare since 1945. Nations that have resorted to the use of force since the Charter came into effect have typically invoked self-defense or the right of collective defense.
A war of aggression, sometimes also war of conquest, is a military conflict waged without the justification of self-defense, usually for territorial gain and subjugation, in contrast with the concept of a just war.
Gibraltar, a British Overseas Territory, located at the southern tip of the Iberian Peninsula, is the subject of a territorial claim by Spain. It was captured in 1704 during the War of the Spanish Succession (1701–1714). The Spanish Crown formally ceded the territory in perpetuity to the British Crown in 1713, under Article X of the Treaty of Utrecht. Spain later attempted to recapture the territory during the thirteenth siege (1727) and the Great Siege (1779–1783). British sovereignty over Gibraltar was confirmed in later treaties signed in Seville (1729) and the Treaty of Paris (1783).
Sovereigntism, sovereignism or souverainism is the notion of having control over one's conditions of existence, whether at the level of the self, social group, region, nation or globe. Typically used for describing the acquiring or preserving political independence of a nation or a region, a sovereigntist aims to "take back control" from perceived powerful forces, either against internal subversive minority groups, or from external global governance institutions, federalism and supranational unions. It generally leans instead toward isolationism, and can be associated with certain independence movements, but has also been used to justify violating the independence of other nations.
The International law bearing on issues of Arab–Israeli conflict, which became a major arena of regional and international tension since the birth of Israel in 1948, resulting in several disputes between a number of Arab countries and Israel.
Non-interventionism or non-intervention is commonly understood as "a foreign policy of political or military non-involvement in foreign relations or in other countries' internal affairs". This is based on the grounds that a state should not interfere in the internal politics of another state as well as the principles of state sovereignty and self-determination. A similar phrase is "strategic independence".
The Westphalian system, also known as Westphalian sovereignty, is a principle in international law that each state has exclusive sovereignty over its territory. The principle developed in Europe after the Peace of Westphalia in 1648, based on the state theory of Jean Bodin and the natural law teachings of Hugo Grotius. It underlies the modern international system of sovereign states and is enshrined in the United Nations Charter, which states that "nothing ... shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state."
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.
Annexation, in international law, is the forcible acquisition and assertion of legal title over one state's territory by another state, usually following military occupation of the territory. In current international law, it is generally held to be an illegal act. Annexation is a unilateral act where territory is seized and held by one state, as distinct from the complete conquest of another country, and differs from cession, in which territory is given or sold through treaty.
A sovereign state is a state that has the supreme sovereignty or ultimate authority over a territory. It is commonly understood that a sovereign state is independent. When referring to a specific polity, the term "country" may also refer to a constituent country, or a dependent territory.
Territorial nationalism describes a form of nationalism based on the belief that all inhabitants of a particular territory should share a common national identity, regardless of their ethnic, linguistic, religious, cultural and other differences. Depending on the political or administrative status of a particular territory, territorial nationalism can be manifested on two basic levels, as territorial nationalism of distinctive sovereign states, or territorial nationalism of distinctive sub-sovereign regions.
Conquest is the act of military subjugation of an enemy by force of arms.
International reactions to the annexation of Crimea by the Russian Federation have largely been condemnatory of Russia's actions, supportive of Ukraine's sovereignty and territorial integrity, and supportive of finding a quick end to the crisis. The United States and the European Union responded by enacting sanctions against Russia for its role in the crisis, and urged Russia to withdraw. Russia accused the United States and the EU of funding and directing the revolution and retaliated to the sanctions by imposing its own.
The term territorial state is used to refer to a state, typical of the High Middle Ages, since around 1000 AD, and "other large-scale complex organizations that attained size, stability, capacity, efficiency, and territorial reach not seen since antiquity." The term territorial state is also understood as “coercion-wielding organizations that are distinct from households and kinship groups and exercise clear priority in some respects over all other organizations within substantial territories.” Organizations such as city-states, empires, and theocracies along with many a number of other governmental organizations are considered territorial states, yet does not include tribes, lineages, firms, or churches alike.
The Golan Heights are a rocky plateau in the Levant region of Western Asia that was captured by Israel from Syria in the 1967 Six-Day War. The international community, with the exception of Israel and the United States, considers the Golan Heights to be Syrian territory held by Israel under military occupation. Following the war, Syria dismissed any negotiations with Israel as part of the Khartoum Resolution.