Book contents
- Frontmatter
- Contents
- Foreword
- Preface
- Acknowledgments
- Table of treaties
- Table of MOUs
- Table of cases
- Glossary of legal terms
- List of abbreviations
- 1 International law
- 2 States and recognition
- 3 Territory
- 4 Jurisdiction
- 5 The law of treaties
- 6 Diplomatic privileges and immunities
- 7 State immunity
- 8 Nationality, aliens and refugees
- 9 International organisations
- 10 The United Nations, including the use of force
- 11 Human rights
- 12 The law of armed conflict (international humanitarian law)
- 13 International criminal law
- 14 Terrorism
- 15 The law of the sea
- 16 International environmental law
- 17 International civil aviation
- 18 Special regimes
- 19 International economic law
- 20 Succession of states
- 21 State responsibility
- 22 Settlement of disputes
- 23 The European Union
- Index
3 - Territory
Published online by Cambridge University Press: 05 August 2012
- Frontmatter
- Contents
- Foreword
- Preface
- Acknowledgments
- Table of treaties
- Table of MOUs
- Table of cases
- Glossary of legal terms
- List of abbreviations
- 1 International law
- 2 States and recognition
- 3 Territory
- 4 Jurisdiction
- 5 The law of treaties
- 6 Diplomatic privileges and immunities
- 7 State immunity
- 8 Nationality, aliens and refugees
- 9 International organisations
- 10 The United Nations, including the use of force
- 11 Human rights
- 12 The law of armed conflict (international humanitarian law)
- 13 International criminal law
- 14 Terrorism
- 15 The law of the sea
- 16 International environmental law
- 17 International civil aviation
- 18 Special regimes
- 19 International economic law
- 20 Succession of states
- 21 State responsibility
- 22 Settlement of disputes
- 23 The European Union
- Index
Summary
Es ist die letzte territoriale Forderung, die ich Europa zu stellen habe.
Oppenheim, Oppenheim's International Law, 9th edn, London, 1992, pp. 661–718
Shaw, International Law, 5th edn, Cambridge, 2003, pp. 409–55
Brownlie, Principles of Public International Law, 6th edn, Oxford, 2003, pp. 105–69
Crawford, The Creation of States in International Law, Oxford, 1979
Jennings, The Acquisition of Territory in International Law, Manchester, 1963
Among other things, to be a state there must be a government in effective control of territory. Territorial sovereignty covers all land, internal waters, territorial sea and the airspace above them. A state does not have sovereignty over its continental shelf or exclusive economic zone. Instead, it has ‘sovereign rights’ over the former and sovereign rights and certain other rights and jurisdiction over the latter.
Most of the international law on territory results from disputes between states as to ownership. These days, they tend to be more over land or maritime boundaries, or islands or small areas of land. Although it is not to be found on most maps, Hans Island is a 3 sq km barren, uninhabited island off the northernmost tip of western Greenland in the Kennedy Channel between Greenland and Canada. Both Denmark and Canada claim it. Although the island is ice-covered, the predicted effect of global warming could make the surrounding area more accessible for the exploitation of mineral resources. As assertions of ownership both states have recently stepped up naval visits to the island.
- Type
- Chapter
- Information
- Handbook of International Law , pp. 33 - 42Publisher: Cambridge University PressPrint publication year: 2005