Theories on Territorial Sovereignty: A Reappraisal

Journal of Sharia and Law, Vol. 41, pp. 25-47, January 2010

23 Pages Posted: 9 Oct 2010

See all articles by Giovanni Distefano

Giovanni Distefano

University of Neuchatel - Faculty of Law; University of Geneva - Geneva Academy of International Humanitarian Law and Human Rights

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

Distefano, Giovanni, Theories on Territorial Sovereignty: A Reappraisal (May 7, 2009). Journal of Sharia and Law, Vol. 41, pp. 25-47, January 2010. Available at SSRN: https://ssrn.com/abstract=1688967

Giovanni Distefano (Contact Author)

University of Neuchatel - Faculty of Law ( email )

Neuchatel, CH-2000
Switzerland

University of Geneva - Geneva Academy of International Humanitarian Law and Human Rights ( email )

Villa Moynier
120B rue de Lausanne
Geneva, 1211
Switzerland

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