2.4 Territorial sovereignty

Territorial sovereignty is a cornerstone of modern international relations. It gives states exclusive authority over defined geographic areas, including land, airspace, and territorial waters. This concept emerged in Europe during the late Middle Ages and was solidified by the Peace of Westphalia in 1648.

Today, territorial sovereignty faces challenges from globalization, supranational organizations, and non-state actors. These forces erode state control over economic and social policies, creating new spaces for interaction beyond traditional borders. Balancing sovereignty with global cooperation is a key challenge in our interconnected world.

Definition of territorial sovereignty

• Territorial sovereignty refers to the exclusive right of a state to exercise supreme authority over a defined geographic area, including the land, airspace, and territorial waters within its borders
• This authority includes the right to govern, make and enforce laws, and control the movement of people and goods within the territory
• Territorial sovereignty is a fundamental principle of international law and the modern state system, serving as the basis for the legal and political independence of states

Historical development of territorial sovereignty

• The concept of territorial sovereignty emerged in Europe during the late Middle Ages and early modern period, as feudal systems of overlapping authority and allegiance gave way to centralized states with clearly defined borders
• The Peace of Westphalia in 1648, which ended the Thirty Years' War, is often cited as a key moment in the development of territorial sovereignty, as it established the principle of non-interference in the internal affairs of other states
• The rise of nationalism and the idea of the nation-state in the 19th century further reinforced the concept of territorial sovereignty, as states sought to assert their authority and independence within clearly defined borders

Westphalian sovereignty model

• The Westphalian sovereignty model, named after the Peace of Westphalia, is the dominant conception of sovereignty in the modern international system
• It is based on the idea of sovereign equality among states, meaning that all states have equal rights and duties under international law, regardless of their size, power, or internal political system

Key principles of Westphalian sovereignty

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• Non-interference in the internal affairs of other states
• Respect for the territorial integrity and political independence of states
• The right of states to enter into international agreements and treaties
• The principle of self-determination, which holds that peoples have the right to freely determine their own political status and pursue their own economic, social, and cultural development

Challenges to territorial sovereignty

• In the 21st century, the traditional Westphalian model of territorial sovereignty faces a number of challenges from globalization, supranational organizations, and non-state actors
• These challenges raise questions about the continued relevance and effectiveness of territorial sovereignty in an increasingly interconnected and interdependent world

Globalization and territorial sovereignty

• Globalization, characterized by the increasing flow of goods, services, people, and information across borders, has eroded the ability of states to control their own economic and social policies
• The rise of global markets and transnational corporations has challenged the authority of states to regulate economic activity within their borders
• The internet and social media have also created new spaces for communication and interaction that transcend traditional territorial boundaries

Supranational organizations and sovereignty

• Supranational organizations, such as the European Union and the United Nations, have taken on increasing powers and responsibilities that were once the exclusive domain of sovereign states
• These organizations can make decisions and impose rules that are binding on member states, limiting their autonomy and sovereignty in certain areas (trade, human rights, environmental protection)
• The principle of subsidiarity, which holds that decisions should be made at the lowest possible level of government, has been used to justify the transfer of certain powers from states to supranational organizations

Non-state actors and sovereignty

• Non-state actors, such as multinational corporations, non-governmental organizations (NGOs), and international criminal and terrorist networks, have also challenged the authority and sovereignty of states
• These actors can operate across borders and exert significant influence on global politics and economics, often outside the control of individual states
• The rise of private military and security companies has also raised questions about the monopoly of states on the legitimate use of force within their territories

Territorial disputes and sovereignty

• Territorial disputes, in which two or more states claim sovereignty over the same geographic area, remain a significant challenge to international peace and security
• These disputes can arise from a variety of factors, including historical grievances, competing territorial claims, and the discovery of valuable natural resources

Causes of territorial disputes

• Unclear or contested borders, often resulting from the legacy of colonialism or the breakup of former states (Yugoslavia, Soviet Union)
• Competing claims to resources, such as oil, gas, and minerals, which can create incentives for states to assert sovereignty over disputed territories
• Ethnic and nationalist conflicts, in which different groups seek to establish their own independent states or redraw borders along ethnic lines
• Strategic considerations, such as the desire to control key trade routes, ports, or other geographic features

Resolving territorial disputes

• Territorial disputes can be resolved through a variety of means, including bilateral negotiations, mediation by third parties, and adjudication by international courts and tribunals
• The International Court of Justice (ICJ) has played a key role in resolving territorial disputes, issuing binding decisions in cases such as the territorial dispute between Cameroon and Nigeria over the Bakassi Peninsula
• Regional organizations, such as the African Union and the Organization of American States, have also developed mechanisms for resolving territorial disputes among their member states
• In some cases, states have agreed to joint sovereignty or shared management of disputed territories, such as the arrangement between Sudan and South Sudan over the Abyei region

Territorial integrity vs self-determination

• The principles of territorial integrity and self-determination can sometimes come into conflict, particularly in cases where ethnic or national groups seek to secede from existing states and establish their own independent territories

Defining territorial integrity

• Territorial integrity refers to the principle that the borders and territorial sovereignty of states should be respected and not violated by other states or non-state actors
• This principle is enshrined in the UN Charter and other international legal instruments, and is seen as essential for maintaining international peace and stability

Defining self-determination

• Self-determination refers to the right of peoples to freely determine their own political status and pursue their own economic, social, and cultural development
• This principle is also recognized in international law, particularly in the context of decolonization and the rights of indigenous peoples

Balancing integrity and self-determination

• Balancing the principles of territorial integrity and self-determination can be challenging, as they may lead to conflicting claims and competing visions of political legitimacy
• In general, international law and practice have tended to prioritize territorial integrity over self-determination, except in cases of severe human rights abuses or the denial of meaningful political participation
• However, there have been some cases where the international community has recognized the right of certain groups to self-determination and independence, such as in East Timor and South Sudan

Sovereignty in international law

• Sovereignty is a fundamental concept in international law, which defines the rights and responsibilities of states in their relations with each other and with other actors in the international system

UN Charter and sovereignty

• The UN Charter, adopted in 1945, affirms the sovereign equality of all member states and the principle of non-interference in the internal affairs of other states
• However, the Charter also recognizes certain limitations on state sovereignty, particularly in the areas of human rights and the maintenance of international peace and security
• The UN Security Council has the authority to take action, including the use of force, in cases where it determines that there is a threat to international peace and security

Responsibility to protect doctrine

• The responsibility to protect (R2P) doctrine, developed in the early 2000s, holds that the international community has a responsibility to intervene in cases where states are unable or unwilling to protect their own populations from genocide, war crimes, ethnic cleansing, and crimes against humanity
• The R2P doctrine challenges traditional notions of state sovereignty, arguing that sovereignty carries with it certain responsibilities and that the international community has a right and duty to intervene in extreme cases
• However, the application of R2P remains controversial, with some states arguing that it could be used as a pretext for military intervention and regime change

Future of territorial sovereignty

• As the challenges to territorial sovereignty continue to evolve in the 21st century, there is ongoing debate about the future of this concept and its role in the international system

Emerging challenges to sovereignty

• Climate change and environmental degradation, which do not respect territorial borders and require coordinated global responses
• The rise of cyberspace and the digital economy, which create new challenges for state control and regulation
• The increasing role of cities and other sub-national actors in global governance, which may erode the authority of nation-states

Potential evolution of sovereignty concept

• Some scholars and policymakers have argued for a more flexible and adaptive conception of sovereignty, one that recognizes the increasing interdependence and complexity of the international system
• This could involve the development of new forms of shared or pooled sovereignty, in which states agree to delegate certain powers and responsibilities to supranational or regional organizations
• There is also growing interest in the idea of "responsible sovereignty," which emphasizes the obligations of states to their own populations and to the international community, rather than just their rights and privileges as sovereign entities
• Ultimately, the future of territorial sovereignty will depend on the ability of states and other actors to adapt to the changing realities of the 21st century and to develop new forms of cooperation and governance that can address the complex challenges facing the world today