2.4 Territorial sovereignty
7 min read•august 20, 2024
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 in 1648.
Today, territorial sovereignty faces challenges from , , and . 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 , named after the Peace of Westphalia, is the dominant conception of sovereignty in the modern international system
- It is based on the idea of 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 and political independence of states
- The right of states to enter into international agreements and treaties
- The principle of , 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 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 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, , 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
- , in which two or more states claim sovereignty over the same geographic area, remain a significant challenge to
- 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 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
- , 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 , by third parties, and by international courts and tribunals
- The (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 or 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 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 and the rights of
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 (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
Key Terms to Review (29)
Adjudication: Adjudication is the legal process through which a dispute is resolved by an impartial judge or a tribunal. It often involves interpreting laws, regulations, and treaties, especially when conflicts arise over territorial claims or sovereignty issues. This process is essential in determining the rights and responsibilities of parties involved, ensuring that decisions are made fairly and justly.
Bilateral negotiations: Bilateral negotiations refer to discussions and agreements between two parties, often countries or organizations, aimed at resolving issues of mutual concern or establishing cooperation. These negotiations are crucial in international relations, particularly when it comes to issues like territorial sovereignty, where two states may need to settle disputes over borders or resource rights through direct dialogue.
Colonialism: Colonialism is a practice where a country establishes control over a foreign territory, often by settling its people there and exploiting the resources of that land. This involves the dominance of one nation over another, resulting in significant political, economic, and social changes in the colonized region. The impacts of colonialism can be seen in issues of territorial sovereignty, global power dynamics, ongoing territorial disputes, and the narratives within subaltern studies that examine the voices of those who have been marginalized during these processes.
Decolonization: Decolonization is the process through which colonies gain independence from colonial powers, transitioning from a state of subjugation to self-governance and sovereignty. This movement often involves significant political, social, and economic changes and is deeply connected to the reshaping of national identities, the establishment of new states, and the negotiation of territorial claims that were historically imposed by colonial authorities.
Ethnic Conflicts: Ethnic conflicts are disputes and struggles between different ethnic groups, often rooted in issues of identity, culture, and political power. These conflicts can arise from historical grievances, competition for resources, or perceived threats to a group's existence and can manifest in various forms such as violence, discrimination, or civil wars. Understanding these conflicts is essential as they often challenge the concept of territorial sovereignty, influencing state stability and national boundaries.
European Union: The European Union (EU) is a political and economic union of 27 member states located primarily in Europe, aimed at fostering integration, cooperation, and stability among its members. The EU represents a unique model of regional governance that balances collective decision-making with the respect for national sovereignty, influencing various aspects such as trade, security, and humanitarian efforts.
Globalization: Globalization is the process through which businesses, cultures, and economies become interconnected and integrated across global borders. It influences various aspects of society, including state formation, economic policies, and cultural exchanges, leading to a more interdependent world where local practices can be impacted by global dynamics.
Human rights: Human rights are the fundamental rights and freedoms that belong to every person in the world, regardless of nationality, sex, ethnicity, or any other status. These rights are universally applicable and serve as a foundation for dignity, equality, and justice, influencing various political and social structures globally. They often clash with concepts such as territorial sovereignty, and they are pivotal in discussions around international governance and intervention efforts.
Indigenous Peoples: Indigenous peoples refer to the original inhabitants of a region, possessing distinct cultural, linguistic, and historical identities that are tied to their ancestral lands. These groups have unique relationships with their territories and often face challenges in asserting their rights, particularly regarding land ownership and governance, in the context of modern political frameworks that emphasize territorial sovereignty.
International Court of Justice: The International Court of Justice (ICJ) is the principal judicial organ of the United Nations, established to settle legal disputes between states and provide advisory opinions on international legal issues. This court plays a vital role in maintaining territorial sovereignty by adjudicating disputes that arise between nations, contributing to the peaceful resolution of conflicts. The ICJ also strengthens the authority of the United Nations and promotes the rule of law in international relations.
International Peace and Security: International peace and security refers to the measures taken by nations and international organizations to prevent conflict and maintain stability across borders. This concept emphasizes the importance of cooperative efforts to mitigate threats such as wars, terrorism, and humanitarian crises, ultimately fostering a global environment where countries can coexist peacefully. The role of territorial sovereignty is vital here, as it involves respecting national borders while also addressing transnational issues that could disrupt peace and security.
Joint sovereignty: Joint sovereignty refers to a political arrangement where two or more entities share governance over a specific territory. This concept can arise in various contexts, often reflecting historical negotiations, treaties, or arrangements that seek to balance the interests and claims of multiple parties while maintaining a stable administration of the region in question.
Mediation: Mediation is a process by which a neutral third party assists conflicting parties in negotiating an agreement, aiming to resolve disputes amicably without resorting to litigation or violent confrontation. This approach is particularly relevant in international relations, where it plays a crucial role in maintaining territorial sovereignty by facilitating dialogue and fostering peaceful resolutions to conflicts over borders and governance.
Montreal Protocol: The Montreal Protocol is an international treaty established in 1987 designed to protect the Earth's ozone layer by phasing out the production and consumption of numerous substances responsible for ozone depletion. This treaty is significant not only for its environmental impact but also for its role in fostering global cooperation among nations, reflecting the concept of territorial sovereignty as countries recognize shared responsibilities for global environmental health.
Non-state actors: Non-state actors are individuals or groups that hold influence and power but do not operate within the formal structures of a state. These actors can include organizations such as non-governmental organizations (NGOs), multinational corporations, terrorist groups, and various grassroots movements. Their presence challenges traditional notions of sovereignty and governance, reshaping how we understand political power in relation to entities that are not recognized as official states.
Peace of Westphalia: The Peace of Westphalia refers to a series of treaties that were signed in 1648, marking the end of the Thirty Years' War in Europe. This set of agreements is significant for establishing the principles of state sovereignty and territorial integrity that continue to influence international relations today. It laid the groundwork for modern concepts of governance, emphasizing that states have authority over their own territories and should be respected as such by other states.
Private military companies: Private military companies (PMCs) are private organizations that provide military and security services, including armed protection, logistical support, and training to clients, often governments or corporations. These companies operate in a gray area of legality and accountability, raising questions about the implications for territorial sovereignty as they can act independently of state control, potentially undermining the authority of national governments.
Responsibility to Protect: The Responsibility to Protect (R2P) is a global political commitment that aims to ensure the protection of populations from genocide, war crimes, ethnic cleansing, and crimes against humanity. It emphasizes that sovereignty is not a privilege but a responsibility, meaning that states have an obligation to protect their citizens. When they fail to do so, the international community has a duty to intervene, which can sometimes challenge traditional notions of sovereignty.
Self-Determination: Self-determination is the principle that allows peoples and nations to determine their own political status and pursue their own economic, social, and cultural development. This idea is deeply connected to concepts of sovereignty and national identity, making it a fundamental aspect of discussions around territorial integrity, border conflicts, and the rights of various groups to govern themselves.
Shared Management: Shared management refers to a collaborative governance approach where multiple stakeholders, including governments, local communities, and private entities, jointly manage resources and make decisions. This concept is particularly important in areas where territorial sovereignty is contested or requires cooperation across borders, as it promotes sustainable practices and equitable resource distribution while respecting the interests of all parties involved.
Sovereign Equality: Sovereign equality refers to the principle that all states have equal rights and obligations under international law, regardless of their size, wealth, or power. This concept emphasizes the fundamental idea that no state is superior to another in terms of legal standing and highlights the importance of mutual respect among nations in the international system.
Strategic considerations: Strategic considerations refer to the planning and evaluation of factors that influence decision-making, particularly in political, military, and territorial contexts. These considerations often encompass security, resource allocation, international relations, and the potential consequences of actions taken by states or organizations. Understanding these elements is crucial for maintaining territorial sovereignty and navigating complex geopolitical landscapes.
Supranational organizations: Supranational organizations are entities formed by multiple countries that operate above national governments to achieve common goals and address issues that transcend national borders. These organizations often have the authority to make decisions that member states are obligated to follow, which can challenge traditional notions of territorial sovereignty as they may create laws or regulations that impact the domestic affairs of individual countries.
Territorial disputes: Territorial disputes are conflicts that arise over the ownership or control of land or maritime areas between two or more parties, typically nations. These disputes often stem from historical claims, differing interpretations of boundaries, or resource competition. The resolution of these disputes is crucial for maintaining peaceful international relations and can significantly impact the rights to exclusive economic zones and the assertion of territorial sovereignty.
Territorial integrity: Territorial integrity refers to the principle under international law that prohibits the violation of a state's borders or the dismemberment of its territory by external forces. It emphasizes the importance of maintaining the political and geographic unity of a state, asserting that each state has the right to defend its boundaries against foreign intervention. This concept is closely tied to sovereignty, as it ensures that states remain whole and undivided in the face of internal or external challenges.
Territorial sovereignty: Territorial sovereignty refers to the exclusive right of a state to exercise control over its territory and govern its affairs without external interference. This concept is foundational in international law, establishing the principle that states have authority over the land, resources, and people within their borders. The implications of territorial sovereignty are significant in understanding conflicts, governance, and human rights issues related to various factors such as territorial disputes and climate change-induced migration.
Transnational corporations: Transnational corporations (TNCs) are large companies that operate in multiple countries, transcending national boundaries to conduct business on a global scale. They play a crucial role in the global economy, influencing trade patterns, investment flows, and local economies while also raising questions about territorial sovereignty and the power dynamics between states and corporations. TNCs often have significant political and economic leverage, impacting policies in the countries they operate in.
UN Charter: The UN Charter is the foundational treaty of the United Nations, established in 1945, that outlines the organization’s purposes, principles, and structure. It serves as a guiding document for international relations and law, promoting peace, security, and cooperation among member states. The Charter emphasizes the importance of sovereignty and the non-interference in domestic affairs of states, reflecting principles related to both Westphalian sovereignty and territorial sovereignty.
Westphalian Sovereignty Model: The Westphalian Sovereignty Model refers to the principle of territorial integrity and political autonomy of states established by the Peace of Westphalia in 1648, marking the end of the Thirty Years' War in Europe. This model emphasizes that each state has supreme authority over its territory and is free from external interference, laying the groundwork for the modern international system of governance where nations are recognized as equal entities with defined borders.