The Territorial Sea and Other Maritime Zones

(p. 255) 11  The Territorial Sea and Other Maritime Zones1 1.  The Territorial Sea (A)  Introduction Traditionally states were regarded as exercising sovereignty, subject to a right of innocent passage, over a belt of sea adjacent to their coastlines and bounded by the high seas. The breadth of this ‘territorial sea’2 was never definitively settled . . . Read more

Status of Territory: Further Problems

(p. 245) 10  Status of Territory: Further Problems 1.  International Procedures of Territorial Disposition1 A basic assumption of the international system is that sovereignty—plenary power over territory—inheres individually in each state which has the better claim to title over that territory, and that it is not shared. But this is an assumption; from . . . Read more

Acquisition and Transfer of Territorial Sovereignty

(p. 215) 9  Acquisition and Transfer of Territorial Sovereignty1 1.  Introduction Disputes concerning title to land territory, including islands, and over the precise determination of boundaries are regularly the subject of international proceedings. Recourse to arbitration may be part of an overall peace settlement.2 But many such conflicts are dormant and it is only . . . Read more

Forms of Governmental Authority over Territory

p. 203) 8  Forms of Governmental Authority over Territory 1.  The Concept of Territory In spatial terms the law knows four types of regime: territorial sovereignty, territory not subject to the sovereignty of any state or states and which possesses a status of its own (e.g. trust territories), res nullius, and res communis. Territorial sovereignty . . . Read more

International Organizations

(p. 166) 7  International Organizations 1.  Introduction As discussed in chapter 1, in the late eighteenth and nineteenth century states developed multilateral forms of co-operation, supplementing reliance on bilateral treaties and diplomacy. These included the first international organizations. Initially the mandates of such organizations were constrained, for example the European Commission of the Danube . . . Read more

Creation and Incidence of Statehood

(p. 127) 5  Creation and Incidence of Statehood 1.  Introduction As noted in chapter 4, the state is a type of legal person recognized by international law. Yet, since there are other types of legal persons so recognized, the possession of legal personality is not in itself a sufficient mark of statehood. Moreover, the . . . Read more

Recognition of States and Governments

(p. 143) 6  Recognition of States and Governments 1.  Recognition as a General Category1 Whenever a state acts in a way which may affect the rights or interests of other states, the question arises of the significance of their reaction to the event. In Legal Status of Eastern Greenland, it was held that Norway . . . Read more

The Relations of International and National Law

(p. 48) 3  The Relations of International and National Law 1.  Theoretical Approaches1 The relationship between international and national law2 is often presented as a clash at a level of high theory, usually between ‘dualism’ and ‘monism’. Dualism emphasizes the distinct and independent character of the international and national legal systems.3 International law is perceived . . . Read more