Territorial Disputes and State Sovereignty Reconciled

Author(s):  
Jorge E. Núñez
Author(s):  
Gerald Goldstein

SummaryState sovereignty manifests itself through all the powers a state exercises over its territory: it is one of the basic components of sovereignty according to international law. Sovereign power involves controlling territory with a degree of efficiency sufficient to prove the existence of the state. But according to some, state sovereignty has now become less and less a matter of territorial control, and international law is now witnessing an erosion of the significance of territory. While the author admits the plausibility of this opinion when applied to states belonging to closely linked economic unions as the EEC, he challenges this statement when applied to Canada, even given the framework of the U.S.-Canada Free Trade Agreement. In Part I, this article gives a full account of the Canadian positions dealing with legally valid acquisition of territories through effective control and other means. It points out how Canada has been coherently committed to protect its territorial sovereignty in all the border and territorial disputes in which it was and is still involved. It explores how this country deliberately also committed itself to effectively controlling its vast terrestrial, aerial, and maritime territories.From this perspective, the author exposes in Part II the rather protective Canadian legal attitude when dealing with private international interests in Canada: how foreign investors are selectively allowed to own, control, possess, or otherwise acquire an interest in any part of Canadian land or real property through specific substantial rules or conflict of law rules; how Canadian federal and provincial laws deal with expropriating foreign-owned property or with foreign judgments affecting the same. In the view of the author, all these territorialist features strongly convey the idea that Canada still attributes a prime role to securing close control over its territory within its global policy of sovereignty and independence.


Author(s):  
Matthew Bagot

One of the central questions in international relations today is how we should conceive of state sovereignty. The notion of sovereignty—’supreme authority within a territory’, as Daniel Philpott defines it—emerged after the Treaty of Westphalia in 1648 as a result of which the late medieval crisis of pluralism was settled. But recent changes in the international order, such as technological advances that have spurred globalization and the emerging norm of the Responsibility to Protect, have cast the notion of sovereignty into an unclear light. The purpose of this paper is to contribute to the current debate regarding sovereignty by exploring two schools of thought on the matter: first, three Catholic scholars from the past century—Luigi Sturzo, Jacques Maritain, and John Courtney Murray, S.J.—taken as representative of Catholic tradition; second, a number of contemporary political theorists of cosmopolitan democracy. The paper argues that there is a confluence between the Catholic thinkers and the cosmopolitan democrats regarding their understanding of state sovereignty and that, taken together, the two schools have much to contribute not only to our current understanding of sovereignty, but also to the future of global governance.


Asian Survey ◽  
2020 ◽  
Vol 60 (3) ◽  
pp. 583-606
Author(s):  
Christina Lai

South Korea and Taiwan are former Japanese colonies that have undergone similar processes of state-building since WWII. But they have chosen different rhetorical frameworks in their maritime disputes with Japan. In South Korea, negotiating with Japan can be viewed as threatening the country’s independence and pride, whereas in the Taiwanese government, cooperation with Japan is considered mutually beneficial. Why have these two countries taken such divergent stances toward Japan? This article examines the territorial disputes between South Korea and Japan over Dokdo, and between Taiwan and Japan over the Senkaku Islands. It sets forth a rhetorical framework of comparison, and it proposes a constructivist perspective in understanding South Korea’s and Taiwan’s legitimation strategies toward Japan from the late 1990s to 2018. This comparative study suggests that the differences between their legitimation strategies can be traced to their different colonial experiences with Japan.


Author(s):  
Mary Elise Sarotte

This chapter examines the Soviet restoration model and former German Chancellor Helmut Kohl's revivalist model. The Union of Soviet Socialist Republics (USSR) hoped to use its weight as a victor in the Second World War to restore the old quadripartite mechanism of four-power control exactly as it used to be in 1945, before subsequent layers of Cold War modifications created room for German contributions. This restoration model, which called for the reuse of the old Allied Control Commission to dominate all further proceedings in divided Germany, represented a realist vision of politics run by powerful states, each retaining their own sociopolitical order and pursuing their own interests. Meanwhile, Kohl's revivalist model represented the revival, or adaptive reuse, of a confederation of German states. This latter-day “confederationism” blurred the lines of state sovereignty; each of the two twenty-first-century Germanies would maintain its own political and social order, but the two would share a confederative, national roof.


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