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Statehood, Territory, and International Spaces
Series: - Queen Mary Studies in International Law, Volume: 53
Author:
Statehood, territory and international spaces are at the heart of a specific branch of international law: the international law of territory. International territorial disputes and their settlement are investigated from the standpoint of legal titles: acquisition and loss of territorial sovereignty, use of force (annexation, conquest), the right of peoples to self-determination (and secession), ius cogens norms etc. The existence, among others, of de facto states, puppet states, ‘drowning’ and ‘failed’ States shows the Protean character of statehood. Peculiar territorial regimes are likewise examined: international administration, leases, servitudes, protectorates, international cities and territories, as well as the League of Nations Mandates and the United Nations Trusteeship system.
Giovanni Distefano, Ph.D. (2000, Geneva), is Professor of Public International Law at the University of Neuchâtel and at the Academy of International Humanitarian Law and Human Rights (Geneva). He has published and edited books, including Fundamentals of Public International Law (Brill, 2019) and International Law and the Use of Force: Enchaining Ares (Brill, 2024).
Abbreviations
Introduction
Introductory Note to this Edition
Prolegomena: State, Sovereignty and Space
A State: The Monad of Contemporary Public International Law
B Territory
i The Different Components and the Characteristics of State Territory
ii The Legal Relationship between State and Territory: a Sampling of Theories on Territorial Sovereignty
iii State Succession and Territorial Changes
Part 1
The Technique Creation, Extinction and Modification of Title of Territorial Sovereignty
1 The Concept of Legal Title
A The So-Called “Modes of Acquisition” of Title to Territory
B Towards a New Articulation of the Concept of Title to Territorial Sovereignty
C Strength or Relative Weight of Territorial Title: the ‘Gradations’ of Legal Title
2 Acquisition and Loss of Title of Territorial Sovereignty by Conventional Juridical Act: The Territorial Treaty and Its Specificities
A The Principle of Stability and Permanence of Borders
B Nemo plus iuris ad alium transferre quam ipse haberet
C The Principle of the Relative Effect of Treaties
D Agreements with ‘Native Rulers’
E The ‘Plebiscite’ as a Condition for the Validity of Territorial Change
3 Acquisition and Loss of of the Title of Territorial Sovereignty by Juridical Fact
A Acquiescence
B Estoppel
C Tacit Agreement
i Tacit Agreement Modifying or Terminating Territorial Treaties
ii Tacit Agreement as an Autonomous Source of Territorial Titles
D Historical Consolidation of Territorial Titles or the “Complex Juridical Fact”
i The Concept and Its Genesis
ii Its Tormented Jurisprudential Life
4 The (Presumptive) Dilemma between Formal Legal Title and Effectiveness
A The Effective Occupation of terra nullius
B The Paradigms of the Antinomy Legal Title (titulus) / Effectiveness (modus)
i Immemorial Possession
ii Disputed Possession
iii Usucapion in International Law: a Highly Controversial Concept
Part 2
Territorial Polemology Territorial Titles in Light of Anomalous, Deviant and Borderline Situations
5 Title of Territorial Sovereignty and the Threat or Use of Force
A Conquest, Forcible Annexation, debellatio
B Illegal Territorial Situations
i Recognition and “Adjudication” of Territories before 1945
ii The Invalidation of Illegal Territorial Situations and the “Adjudication” of Territories under the UN Charter (After 1945)
iii The Principle of the Inadmissibility of the Acquisition of Territory by Force and the Obligation of Non-recognition
6 The Title of Territorial Sovereignty and the Principle of the Right of Peoples to Self-determination
A As a Basis for the Title of Territorial Sovereignty
i The Genesis of the Principle
ii Strengthening of the Principle and Extension of Its Scope of Application
iii The Institutional Dimension: Who Makes the Determination?
iv The Presumptive Contradiction with the Principle of uti Possidetis
B Distinguished from Secession
i Successful Violent Secessions and the Birth of New Independent States: The Exception
ii Unsuccessful Violent Secessions: the Rule
iii Two (Currently) Controversial Cases: Kosovo and Crimea
C A (Truly) Sui-generis Case: Palestine (1998–2012–Present Day)
7 The State in All Its States
A Puppet States
B De facto States
C Failed or “Failing” States
D Drowning States: Looming Deterritorialisation of Sovereignty?
Part 3
Territorial Irenicism Specific Territorial Situations and Regimes
8 The Pertinacious Sovereignty: Traditional Territorial Regimes
A Divorce between ius nudum and exercitium iuris, as well as between Sovereignty and Ownership
i Divorce between Sovereignty and Its Exercise
ii Sovereignty and Ownership Rights
B Servitudes in International Law (Article 12 (1)
vcss
1978)
C Objective Territorial Régimes (Article 12 (2)
vcss
1978)
D Condominium and Coimperium
E Spheres of Influence
F Peaceful Occupation
G International Protectorates
i Notion
ii Forms
iii Some Specific Features
H Neutralised or Demilitarised Territories
i Demilitarisation of Territories
ii Neutralisation of States or Parts of their Territories
9 The Deterritorialisation of Space: Indirect and Direct International Administrations
A The League of Nations Mandate System
i Origins, Concepts and Purposes
ii Typology of Mandates and Supervisory System
iii Travaux Préparatoires
iv The Juridical Context
v
International and Municipal Case Law
B Trusteeship System of the United Nations
i The Succession of Mandates within the United Nations International Trusteeship Administration
ii Affinities and Differences with the International Trusteeship Administration Established by the UN Charter
iii The Legacy of the Mandate System in the UN Trusteeship Administration
C International Cities and Territories
i The Free City of Danzig
ii The Tangier International Zone
iii The Memel Territory
10 The Direct International Administration of Territories
A Within the League of Nations
i The Saar Territory Governing Commission and Its Sequel after
wwii
ii The Leticia Administration Commission (1933–1934)
B Direct International Administration by the UN: a Very Brief Sampling
Index
Introduction
Introductory Note to this Edition
Prolegomena: State, Sovereignty and Space
A State: The Monad of Contemporary Public International Law
B Territory
i The Different Components and the Characteristics of State Territory
ii The Legal Relationship between State and Territory: a Sampling of Theories on Territorial Sovereignty
iii State Succession and Territorial Changes
Part 1
The Technique Creation, Extinction and Modification of Title of Territorial Sovereignty
1 The Concept of Legal Title
A The So-Called “Modes of Acquisition” of Title to Territory
B Towards a New Articulation of the Concept of Title to Territorial Sovereignty
C Strength or Relative Weight of Territorial Title: the ‘Gradations’ of Legal Title
2 Acquisition and Loss of Title of Territorial Sovereignty by Conventional Juridical Act: The Territorial Treaty and Its Specificities
A The Principle of Stability and Permanence of Borders
B Nemo plus iuris ad alium transferre quam ipse haberet
C The Principle of the Relative Effect of Treaties
D Agreements with ‘Native Rulers’
E The ‘Plebiscite’ as a Condition for the Validity of Territorial Change
3 Acquisition and Loss of of the Title of Territorial Sovereignty by Juridical Fact
A Acquiescence
B Estoppel
C Tacit Agreement
i Tacit Agreement Modifying or Terminating Territorial Treaties
ii Tacit Agreement as an Autonomous Source of Territorial Titles
D Historical Consolidation of Territorial Titles or the “Complex Juridical Fact”
i The Concept and Its Genesis
ii Its Tormented Jurisprudential Life
4 The (Presumptive) Dilemma between Formal Legal Title and Effectiveness
A The Effective Occupation of terra nullius
B The Paradigms of the Antinomy Legal Title (titulus) / Effectiveness (modus)
i Immemorial Possession
ii Disputed Possession
iii Usucapion in International Law: a Highly Controversial Concept
Part 2
Territorial Polemology Territorial Titles in Light of Anomalous, Deviant and Borderline Situations
5 Title of Territorial Sovereignty and the Threat or Use of Force
A Conquest, Forcible Annexation, debellatio
B Illegal Territorial Situations
i Recognition and “Adjudication” of Territories before 1945
ii The Invalidation of Illegal Territorial Situations and the “Adjudication” of Territories under the UN Charter (After 1945)
iii The Principle of the Inadmissibility of the Acquisition of Territory by Force and the Obligation of Non-recognition
6 The Title of Territorial Sovereignty and the Principle of the Right of Peoples to Self-determination
A As a Basis for the Title of Territorial Sovereignty
i The Genesis of the Principle
ii Strengthening of the Principle and Extension of Its Scope of Application
iii The Institutional Dimension: Who Makes the Determination?
iv The Presumptive Contradiction with the Principle of uti Possidetis
B Distinguished from Secession
i Successful Violent Secessions and the Birth of New Independent States: The Exception
ii Unsuccessful Violent Secessions: the Rule
iii Two (Currently) Controversial Cases: Kosovo and Crimea
C A (Truly) Sui-generis Case: Palestine (1998–2012–Present Day)
7 The State in All Its States
A Puppet States
B De facto States
C Failed or “Failing” States
D Drowning States: Looming Deterritorialisation of Sovereignty?
Part 3
Territorial Irenicism Specific Territorial Situations and Regimes
8 The Pertinacious Sovereignty: Traditional Territorial Regimes
A Divorce between ius nudum and exercitium iuris, as well as between Sovereignty and Ownership
i Divorce between Sovereignty and Its Exercise
ii Sovereignty and Ownership Rights
B Servitudes in International Law (Article 12 (1)
C Objective Territorial Régimes (Article 12 (2)
D Condominium and Coimperium
E Spheres of Influence
F Peaceful Occupation
G International Protectorates
i Notion
ii Forms
iii Some Specific Features
H Neutralised or Demilitarised Territories
i Demilitarisation of Territories
ii Neutralisation of States or Parts of their Territories
9 The Deterritorialisation of Space: Indirect and Direct International Administrations
A The League of Nations Mandate System
i Origins, Concepts and Purposes
ii Typology of Mandates and Supervisory System
iii Travaux Préparatoires
iv The Juridical Context
B Trusteeship System of the United Nations
i The Succession of Mandates within the United Nations International Trusteeship Administration
ii Affinities and Differences with the International Trusteeship Administration Established by the UN Charter
iii The Legacy of the Mandate System in the UN Trusteeship Administration
C International Cities and Territories
i The Free City of Danzig
ii The Tangier International Zone
iii The Memel Territory
10 The Direct International Administration of Territories
A Within the League of Nations
i The Saar Territory Governing Commission and Its Sequel after
ii The Leticia Administration Commission (1933–1934)
B Direct International Administration by the UN: a Very Brief Sampling
Index
International lawyers, postgraduate students and practitioners versed in the international law of territory are the primary target of the book which is also of relevance for scholars in international relations at large.