International Law - Territory
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A short essay that I did weekly responding to various cases and topics in International Law. This week's topic is about Territory. For questions or any inquiries please contact me at rrah0004@student.monash.edu. Please cite properly and/or avoid plagiarism or any sort of academic misconducts.
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International law is in a period of transition. After World War
II, but especially since the 1980s, human rights expanded to
almost every corner of international law. In doing so, they
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the definition of sovereignty and the sources of international
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architecture such as the Responsibility to Protect and the
Alien Tort Statute, the growing power of China and Russia
over the content of international law, or the rising of
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human rights changed, or purported to change, international
law and how international law as a whole can be made more
effective in a post-human rights era. This Article is the first to
argue that international human rights law as a whole-
whatever its much disputed benefits for human rights
themselves-appears to have expanded and changed
international law in ways that have made it weaker, less likely
to generate compliance, and more likely to produce
interstate friction and conflict. The debate around
international law and human rights should be reframed to
consider these costs and to evaluate whether international
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Abstract
International law is in a period of transition. After World War
II, but especially since the 1980s, human rights expanded to
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changed core features of international law itself, including
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The document discusses the needs of a state in order to function properly and avoid failure. It argues that the most important needs are:
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- 1. Responding to International Law Week Five How essential is control over territory to the existence of statehood? How unstable or uncertain does control over territory have to become before the existence of statehood is called into question? To what extent has control over territory formed the basis for the emergence of new states in International law? ---- Territory is one of the requirements that would determine a statehood of an entity, this criteria also serves as a filter. A filter between a group of like-minded individuals who stand on the same part of the earth. To some degree, it also protects the sovereignty and territorial integrity of existing states. In a big picture, territory draws a big line of a state’s border and what policies or rules would run legally within the border in the face of the international community. What could be the questionable situation to the control of territory is perhaps when a natural changes happen to the part of the territory (e.g: erosion to an island that is out of human’s control) or when a foreign occupancy occurs in an area that belongs to a state. The latter could be defined as an aggression or any names of the form of external threats, and losing control over a territory could lead to a failure of a state, as Fund for Peace characterized it. It is understood that some may argue that the concept of territorial control is fading over time as the technology arises, but the question still stands; why having a statehood without having any clear territory?. To this I believe, territory plays as a very principal factor that relates to the other criteria of the statehood or sovereignty; one needs to have the independence enough as having a globally consented place to practice its governance. Another point also being mentioned beforehand, having a territory would filter individuals as ‘us’ and ‘them’, thus, this would very much simplify the implications of international law. References: https://en.wikipedia.org/wiki/Fund_for_Peace