International Law

THE CONCEPT OF TERRITORY IN INTERNATIONAL LAW

International law is based on the concept of the state. The state in its turn lies upon the foundation of sovereignty, which expresses internally the supremacy of the governmental institutions and externally the supremacy of the state as a legal person.

But sovereignty itself, with its retinue of legal rights and duties, is founded upon the fact of territory. Without territory a legal person cannot be a state. It is undoubtedly the basic characteristic of a state and the one most widely accepted and understood. There are currently some 200 distinct territorial units, each one subject to a different territorial sovereignty and jurisdiction.

Since such fundamental legal concepts as sovereignty and jurisdiction can only be comprehended in relation to territory, it follows that the legal nature of territory becomes a vital part in any study of international law. Indeed, the principle whereby a state is deemed to exercise exclusive power over its territory can be regarded as a fundamental axiom of classical international law. The development of international law upon the basis of the exclusive authority of the state within an accepted territorial framework meant that territory became ‘perhaps the fundamental concept of international law’. Most nations indeed developed through a close relationship with the land they inhabited.

The central role of territory in the scheme of international law may be seen by noting the development of legal rules protecting its inviolability. The principle of respect for the territorial integrity of states is well founded as one of the linchpins of the international system, as is the norm prohibiting interference in the internal affairs of other states. A number of factors, however, have tended to reduce the territorial exclusivity of the state in international law. Technological and economic changes have had an impact as interdependence becomes more evident and the rise of such transnational concerns as human rights and self-determination have tended to impinge upon this exclusivity. The growth of international organisations is another relevant factor, as is the development of the ‘common heritage’ concept in the context of the law of the sea and air law. Nevertheless, one should not exaggerate the effects upon international law doctrine today of such trends. Territorial sovereignty remains as a key concept in international law.