Territorial integrity
Encyclopedia
Territorial integrity is the principle under international law
that nation-states should not attempt to promote secession
ist movements or to promote border
changes in other nation-states. Conversely it states that imposition by force of a border change is an act of aggression
.
In recent years there has been tension between this principle and the concept of humanitarian intervention
under Article 73.b of the United Nations Charter
"to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement."
Supporters of concept of Westphalian sovereignty
consider that the modern idea of territorial integrity began with the Peace of Westphalia
in 1648. This is disputed.
The League of Nations
was intended to uphold territorial integrity and other principles of international law. It did condemn the Italian invasion of Ethiopia
. It broadly supported
the Chinese Republic over the creation of Manchukuo
in Manchuria
and eastern Inner Mongolia
. Most historians say that the League was discredited by its failure to make these judgements effective.
With the formation of the United Nations
(UN) and, later, such organizations as the Conference on Security and Cooperation in Europe (now OSCE), territorial integrity became a part of international resolutions. The Helsinki Final Act
dealt with both inviolability of frontiers and territorial integrity of States, among other things.
Prince Hans-Adam II of Liechtenstein
, speaking to the International Institute for Strategic Studies
on 25 January 2001, argued for a more flexible approach to territorial integrity, in line with historical norms, saying: Let us accept the fact that states have lifecycles similar to those of human beings who created them. Hardly any Member State of the United Nations has existed within its present borders for longer than five generations. The attempt to freeze human evolution has in the past been a futile undertaking and has probably brought about more violence than if such a process had been controlled peacefully. Restrictions on self-determination threaten not only democracy itself but the state which seeks its legitimation in democracy.
At the 2005 World Summit
, the world's nations agreed on a "Responsibility to Protect" giving a right of humanitarian intervention. It has been argued that this could create a flexible application of concept of sovereignty and territorial integrity, easing the strict adherence and taking into account the de facto
status of the territory and other factors present on a case by case basis. The United Nations Security Council Resolution 1674
, adopted by the United Nations Security Council
on April 28, 2006, "Reaffirm[ed] the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity".
However, this responsibility to protect refers only to the ability of external powers to override sovereignty and does not explicitly involve the changing of borders.
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
that nation-states should not attempt to promote secession
Secession
Secession is the act of withdrawing from an organization, union, or especially a political entity. Threats of secession also can be a strategy for achieving more limited goals.-Secession theory:...
ist movements or to promote border
Border
Borders define geographic boundaries of political entities or legal jurisdictions, such as governments, sovereign states, federated states and other subnational entities. Some borders—such as a state's internal administrative borders, or inter-state borders within the Schengen Area—are open and...
changes in other nation-states. Conversely it states that imposition by force of a border change is an act of aggression
Casus belli
is a Latin expression meaning the justification for acts of war. means "incident", "rupture" or indeed "case", while means bellic...
.
In recent years there has been tension between this principle and the concept of humanitarian intervention
Humanitarian intervention
Humanitarian intervention "refers to a state using military force against another state when the chief publicly declared aim of that military action is ending human-rights violations being perpetrated by the state against which it is directed."...
under Article 73.b of the United Nations Charter
United Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
"to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement."
History of territorial integrity
As far back as we have records, there have been political units claiming a definite territory. Intrusion into this territory was an act of war, and normally settled by battle. There were also sometimes several layers of authority, with units waging war on each other while both recognising some higher authority. Mediaeval barons would fight private wars while still acknowledging the same king. This was also the case in the Spring and Autumn Period in ancient China, when the Eastern Zhou Dynasty were nominal rulers.Supporters of concept of Westphalian sovereignty
Westphalian sovereignty
Westphalian sovereignty is the concept of nation-state sovereignty based on two things: territoriality and the absence of a role for external agents in domestic structures....
consider that the modern idea of territorial integrity began with the Peace of Westphalia
Peace of Westphalia
The Peace of Westphalia was a series of peace treaties signed between May and October of 1648 in Osnabrück and Münster. These treaties ended the Thirty Years' War in the Holy Roman Empire, and the Eighty Years' War between Spain and the Dutch Republic, with Spain formally recognizing the...
in 1648. This is disputed.
The League of Nations
League of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
was intended to uphold territorial integrity and other principles of international law. It did condemn the Italian invasion of Ethiopia
Second Italo-Abyssinian War
The Second Italo–Abyssinian War was a colonial war that started in October 1935 and ended in May 1936. The war was fought between the armed forces of the Kingdom of Italy and the armed forces of the Ethiopian Empire...
. It broadly supported
Lytton Report
was a report generated by a League of Nations commission in December 1931 to try to determine the causes of the Mukden Incident which led to the Empire of Japan’s seizure of Manchuria.- The Commission :The Lytton Commission was headed by V. A. G. R...
the Chinese Republic over the creation of Manchukuo
Manchukuo
Manchukuo or Manshū-koku was a puppet state in Manchuria and eastern Inner Mongolia, governed under a form of constitutional monarchy. The region was the historical homeland of the Manchus, who founded the Qing Empire in China...
in Manchuria
Manchuria
Manchuria is a historical name given to a large geographic region in northeast Asia. Depending on the definition of its extent, Manchuria usually falls entirely within the People's Republic of China, or is sometimes divided between China and Russia. The region is commonly referred to as Northeast...
and eastern Inner Mongolia
Inner Mongolia
Inner Mongolia is an autonomous region of the People's Republic of China, located in the northern region of the country. Inner Mongolia shares an international border with the countries of Mongolia and the Russian Federation...
. Most historians say that the League was discredited by its failure to make these judgements effective.
With the formation of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
(UN) and, later, such organizations as the Conference on Security and Cooperation in Europe (now OSCE), territorial integrity became a part of international resolutions. The Helsinki Final Act
Helsinki Accords
thumb|300px|[[Erich Honecker]] and [[Helmut Schmidt]] in Conference on Security and Co-operation in Europe held in Helsinki 1975....
dealt with both inviolability of frontiers and territorial integrity of States, among other things.
Territorial integrity in a changing world
The recent (post-WWII) strict application of territorial integrity has given rise to a number of problems and, when faced with reality "on the ground", can be seen as too artificial a construct.Prince Hans-Adam II of Liechtenstein
Liechtenstein
The Principality of Liechtenstein is a doubly landlocked alpine country in Central Europe, bordered by Switzerland to the west and south and by Austria to the east. Its area is just over , and it has an estimated population of 35,000. Its capital is Vaduz. The biggest town is Schaan...
, speaking to the International Institute for Strategic Studies
International Institute for Strategic Studies
The International Institute for Strategic Studies is a British research institute in the area of international affairs. It describes itself as "the world’s leading authority on political-military conflict"...
on 25 January 2001, argued for a more flexible approach to territorial integrity, in line with historical norms, saying: Let us accept the fact that states have lifecycles similar to those of human beings who created them. Hardly any Member State of the United Nations has existed within its present borders for longer than five generations. The attempt to freeze human evolution has in the past been a futile undertaking and has probably brought about more violence than if such a process had been controlled peacefully. Restrictions on self-determination threaten not only democracy itself but the state which seeks its legitimation in democracy.
At the 2005 World Summit
2005 World Summit
The 2005 World Summit, 14–16 September 2005, was a follow-up summit meeting to the United Nations' 2000 Millennium Summit, which led to the Millennium Declaration of the Millennium Development Goals...
, the world's nations agreed on a "Responsibility to Protect" giving a right of humanitarian intervention. It has been argued that this could create a flexible application of concept of sovereignty and territorial integrity, easing the strict adherence and taking into account the de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
status of the territory and other factors present on a case by case basis. The United Nations Security Council Resolution 1674
United Nations Security Council Resolution 1674
United Nations Security Council Resolution 1674, adopted unanimously on April 28, 2006, after reaffirming resolutions 1265 and 1296 concerning the protection of civilians in armed conflict and Resolution 1631 on co-operation between the United Nations and regional organisations, the Council...
, adopted by the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
on April 28, 2006, "Reaffirm[ed] the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity".
However, this responsibility to protect refers only to the ability of external powers to override sovereignty and does not explicitly involve the changing of borders.
Further reading
- Sebastian Anstis and Mark Zacher (June 2010). "The Normative Bases of the Global Territorial Order." Diplomacy and Statecraft 21: 306-323.
- Mark Zacher (2001). "The Territorial Integrity Norm." International Organization 55: 215-250.