Theories on Territorial Sovereignty: A Reappraisal
Journal of Sharia and Law, Vol. 41, pp. 25-47, January 2010
23 Pages Posted: 9 Oct 2010
Date Written: May 7, 2009
Abstract
Territory and its normative translation, that is territorial sovereignty, are still the cornerstone of contemporary international legal order, as Article 2 (1) of the United Nations Charter solemnly declares. Hence, it is not without interest to enquire into this fundamental legal notion. This article purports to analyse firstly different legal theories which have been advanced so far in order to explain the legal relationship between State and territory; secondly, the so-called mode of acquisition of territorial sovereignty; thirdly, specific territorial situations (such as international administration, protectorates, servitudes, etc.); fourthly, the role of such peremptory rules of public international law (ius cogens) in the context of the establishment of legal titles to territorial sovereignty (use of force as well as the rule enshrining the right of self-determination)
Keywords: Title to territorial sovereignty, Modes of acquisition of title to territory, International Administration of Territories, Self-Determination, Use of Force, State Boundaries
JEL Classification: K33, K10, K40
Suggested Citation: Suggested Citation