Territory

Abstract

The question of Territory has always been central to the international legal system. It constitutes the core of the definition of the State, and as such it is tied to the issue of jurisdiction and the extent of the power exercisable by the State. It is also central to the organisation of the international order, for a State-based world community requires rules by which to determine how Territory may be allocated to States and the sanctions that may be applied for violation of territorial integrity. Further, as States appear, disappear and re-emerge in a different guise, principles as to the determination of boundaries become critical.

Text

The question of Territory has always been central to the international legal system. It constitutes the core of the definition of the State, and as such it is tied to the issue of jurisdiction and the extent of the power exercisable by the State. It is also central to the organisation of the international order, for a State-based world community requires rules by which to determine how Territory may be allocated to States and the sanctions that may be applied for violation of territorial integrity. Further, as States appear, disappear and re-emerge in a different guise, principles as to the determination of boundaries become critical.

This Research Guide is intended as a starting point for research on Territory. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library's subject heading (keyword) Territory is instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

Librarian’s choice
Publication
Rytövuori-Apunen, H., Power and Conflict in Russia's Borderlands: the Post-Soviet Geopolitics of Dispute Resolution, 2020
As Cold War battle lines are seemingly re-drawn, Russia's various 'frozen' war zones (ongoing separatist conflicts) are often cited as particularly volatile and assumed by some Western commentators and policymakers to be 'next' on Putin's 'wish list'.
Bibliography manually

Sources of international law

  • Schofield, R.N. and E. Evans (eds.), Arabian Boundaries: New Documents 1966-1975, Slough, Cambridge Archive Editions, 2009.
  • Schofield, R.N. (ed.), Arabian Boundaries: Primary Documents 1853-1957, Farnham Common, Archive Editions, 1998-1993.

Reference works

  • Anderson, E.W., International Boundaries: A Geopolitical Atlas, London, TSO, 2003.
  • Prescott, V. and G.D. Triggs, International Frontiers and Boundaries: Law, Politics and Geography, Leiden, Martinus Nijhoff, 2008.
  • Shaw, M.N. (ed.), Title to Territory, Aldershot, Ashgate/Dartmouth, 2005.
  • Storey, D., Territories: the Claiming of Space, New York, NY, Routledge, 2012.
  • Kohen, M.G. (ed.), Territoriality and International Law, Cheltenham, Edward Elgar Publishing Limited, 2016.

Selected books and articles

  • Ahmed, D.M.A, Boundaries and Secession in Africa and International Law: Challenging Uti Possidetis, Cambridge, UK, Cambridge University Press, 2015.
  • Baker, B., "Interlinkages in International Law: The Convention on Biological Diversity as a Model for Linking Territory, Environment, and Indigenous Rights in the Marine Arctic", Diplomacy on Ice : Energy and the Environment in the Arctic and Antarctic, New Haven: Yale University Press, 2015, pp. 41-60. 
  • Brölmann, C.M., "Deterritorialization in International Law: Moving away from the Divide between National and International Law", New Perspectives on the Divide between National and International Law, Oxford, Oxford University Press, 2007, pp. 84-109.
  • Doyle, C.M., Indigenous Peoples, Title to Territory, Rights and Resources: The Transformative Role of Free Prior and Informed Consent, London and New York, Routledge, Taylor & Francis Group, 2015.
  • Foucher, M., Le retour des frontières, Paris, CNRS Editions, 2016.
  • Hodgson-Johnston, I.,  The Laws of Territorial as Applied to Claims to Antarctic Territory: A Review of Legal Scholarship in: The Yearbook of Polar Law, 2015.
  • Jennings, R.Y., The Acquisition of Territory in International Law, Manchester, Manchester University Press; New York, Ocean, 1963.
  • Oduntan, G., International Law and Boundary Disputes in Africa, London, New York, Routledge, Taylor and Francis Group, 2015.
  • Petersen, J., European Territorial Governance: Methode europäischer Raumentwicklung, Hamburg, Verlag Dr. Kovač, 2016.
  • Shaw, M.N., "Settling Territorial Disputes", Le procès international: liber amicorum Jean-Pierre Cot, Bruxelles, Bruylant, 2009, pp. 255-281.
  • Srebro, H. (Ed.), International Boundary Making,  Copenhagen, International Federation of Surveyors, 2013.
  • Taylor Favrel, M., "Territorial and Maritime Boundary Disputes in Asia", Oxford Handbook of the International Relations of Asia, New York, Oxford University Press, 2014, pp. 524-546.
  • Thirlway, H., "Territorial Disputes and Their Resolution in the Recent Jurisprudence of the International Court of Justice", Leiden Journal of International Law, 31 (2018), No. 1. pp. 117-146.
  • Treverton, G.F., Dividing Divided States, Philadelphia: University of Pennsylvania Press, 2014.
  • Vasquez, J.A., "The Significance of Territory", Territory, War and Peace, London, Routledge, 2011, pp. 209-226.

Periodicals, serial publications

  • Boundary and Territory Briefing
  • IBRU International Territory Briefing Series