Comprehensive textbook, lecture and academic notes on Topics in International Law.
Includes key cases, analysis of the law, academic criticism and my own comments. Got me a 1st
8 – TERRITORY
Intro
Concept of ‘Territory’
The idea of the state is rooted in control over territory; a state without territory is not possible.
‘Territory’ is the geographical area over which the State has sovereignty. Acquisition of territory refers
to acquisition of the bundle of rights described as ‘territorial sovereignty’ in relation to that piece of land
Island of Palmas (1928): “Independence in regard to a portion of the globe is the right to
exercise therein, to the exclusion of any other State, the functions of a State. […] this principle of
the exclusive competence of the State in regard to its own territory [is] the point of departure in
settling most questions that concern international relations.”
A state’s competence is usually limited to its territory, but states may sometimes exercise public
authority in territories in which they aren’t sovereign (not legally their territory)
Art 29 VCLT: “Unless [otherwise specified], a treaty is binding upon each party in respect of its
entire territory.”
Eg. Guantanamo – administered by the US, but part of Cuban territory. In Boumediene v Bush
(2008), US SC said US constitution applied to aliens in Guantanamo b/c US had effective control.
Eg. 1898, China leased Kiaochow to Germany, Wei-Hai-Wei and HK to GB, Kuang-chou Wan to
France, Port Arthur to Russia
Eg. 1947, Finland granted the USSR use and administration of territory and waters for Soviet
naval base, at an annual rent for 50 years; Russia restored the land in 1955 to Finland
Eg. Republic of Panama 1903 transferred a ten-mile strip of territory to the US for the Panama
Canal; the property was Panama’s by law, but the US exercised sovereignty
Contemporary Relevance of Law of Territory
There are currently 100+ international disputes over territory; this is unlikely to shrink, since as
populations increase and natural resources deplete, control over territory increases in importance.
There are also significant pressures being put on territory because of large-scale climate change (eg
Maldives, Nauru).
Components of State Territory
The territory of the state consists of land, including subsoil and airspace, within its boundaries, and
certain waters adjacent to its land boundaries.
Internal Waters
Saltwater and freshwater areas inside a state’s territory, including (exceptionally) archipelagic waters?
UNCLOS art 8(1): Except as provided in Part IV, waters on the landward side of the baseline of
the territorial sea form part of the internal waters of the State
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