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Apuntes para examen final de "Geopolitics"
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- Geopolitics
- Institución
- Universitat Ramon Llull (URL)
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GEOPOLITICS: Final exam topicsSession 1: Terra nullius
THE CONCEPT OF TERRA NULLIUS
“Terra nullius” → Is about a main exception in the States order as there are ones that
are not claimed.
• Latin expression meaning "Nobody's land".
• Origins are to be found in Roman Law: things without owner could be taken as
property by anyone by seizure.
• Used by European powers during centuries to acquire colonies through "first
discovery and effective occupation" (regardless of local population, frequently
deemed as 'non-civilized').
• Terra nullius is a legal term that denotes a land territory not claimed by any
person, institution, or state.
• "Nobody's land" does not equal "No man's land" –military term which refers to
a territory where people cannot live as it is destroyed–.
“Terra nullius” implies that the territory could be claimed by any state, while it is not.
Why?
• Agreement –which is international– prevents it.
• Lack of strategic interest, expensive access.
• Claim could trigger a conflict.
THE BIR TAWIL AND THE MARY BYRD CASE
Examples of “Terra nullius”:
• Bir Tawil
o Nor Sudan or Egypt claim it as if they do the international court will give
the Hala’ib Triangle –the territory that is wanted by both– to the one who
did not claimed Bir Tawil.
o Jeremiah Heaton in 2014 put his own-designed flag and claimed the new
State of North Sudan while he proclaimed himself as king.
• Marie Byrd Territory in Antarctica –South Pole– ( North Pole. In Antarctica
there is land):
o Largest Terra nullius on Earth.
o 1.6 Mill km2.
o Most remote area of Antarctica.
o Has never been claimed by any sovereign steps... but the US Defense
Dept. has stated in 2018 that the US could build a case to claim it.
,WHAT IS THE ANTARCTIC TREATY (1959)? + KEY CONTENT
In 1959, 11 countries signed in Washington the Antarctic Treaty System (today includes
53 states):
• In force since 1961.
• Regulates international relations with regards Antarctica.
• Headquartered in Buenos Aires.
• Does not recognize or establishes any territorial sovereignty claim.
• Defines Antarctica as all land and sea below 60ºS latitude.
• Establishes freedom of scientific investigations.
• Bans military activity.
• Disputes will be settled by diplomatic means or ultimately sent to the
International Court of Justice.
Antarctica:
• It was not discovered until the 19th century.
• Amundsen reached the South Pole in 1911.
• It is the fourth largest continent.
• Coldest, windiest place on Earth.
• No permanent population.
• Between 1908 and 1942, sections of the Antarctica were claimed by Britain,
France, New Zealand, Australia, and Norway (which were mutually recognized).
• Further claims by Chile and Argentina were overlapping between themselves as
well as with British claims.
• During the Cold War, neither the US nor the USSR made claims (aimed to avoid
extending their rivalry to Antarctica).
• In 1948 the US proposed that Antarctica would be under the jurisdiction of the
UN (failed).
• In 1950 the USSR announced that would deem unacceptable any treaty in which
it was not a part.
• In 1957 an international understanding was reached by which scientists could
access without restriction to conduct research.
,Session 2: The State
1618-1648, The Thirty Years War → Constitution of Modern States, especially in 1648:
Peace of Westphalia.
→ A great majority of states began after WWI.
STATE, REGIME, GOVERNMENT: DEFINITION AND HOW THEY RELATE
STATE → “Body of people living in a defined territory that has a government with the
power to make and enforce law without the consent of any higher authority”.
Relations between them → Government runs and manages the State and the regime
tights the government.
• State of nature:
o Political theory.
o It means the conditions of human living before state, government, laws...
o It helps to answer: Why do we live under the rule of law? How can we
justify the existence of the state and government? Do we comply with
them?
• Western political thought about governments.
, THE FIVE PILLARS OF THE STATE
1. Defined territory → Every State entails a territory considered to be of its own
(jurisdiction) and borders.
According to the International Law: physical space that draws the limits of
national jurisdiction.
a. Rule of law → Implies that the government authority may only be
exercised in accordance with documented law, which were adopted
through established procedure. The principle is extended to safeguard
against arbitrary ruling and abuse.
• Everyone is subject to the rule of law.
• There is a set procedure that must be followed.
b. Sovereignty (both nationals and visitors)
It includes:
• Land territory (surface and underground).
Borders: protect from threats + definition of where your jurisdiction is
applied, everything within them is considered state territory.
• Internal waters (surface and underwater) and national (airspace).
Territorial disputes are not rare (over 100 states have territorial disputes).
Ex: China claims portions of the South China Sea.
Ex: Kashmir (Between India and Pakistan) or KURIL ISLANDS (Claimed by
Japan and Russia).
2. Permanent population → The population that can be defined as the core of the
legal nation = live together as nationals.
Linked to the state by the legal bond of “nationality” = permanent.
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