Part II Predominant Security Challenges and International Law, International Security, Ch.15 Contested Territory

Author(s):  
Borgen Christopher J

This chapter describes the theory and practice of territorial contestation, past, present, and possibly future. It sketches the evolution of the so-called ‘modes of acquisition’ of territory and other concepts through different eras. Territorial disputes are perhaps the quintessential problem of public international law. In its transformation from the ancient world, through feudalism, and into the Westphalian system of States, territory has been repeatedly reconceptualized and reorganized from an era of frontiers to a modern world segmented by borders. This modern compartmentalization of territory emphasizes the concept of rightful ownership of title. The chapter then looks at the methods of resolving territorial disputes. It discusses political and military responses to territorial contests and judicial resolution. The chapter focuses on the particular role that recognition plays in resolving territorial disputes.

2021 ◽  
pp. 6-21
Author(s):  
L. Grishaeva

The author writes about the historical role of the United Nations in the modern world. About the historical origins of many of the problems facing the UN at the present time. About the UN as a global organization with universal competence and a broad representative composition. On the UN Charter, which is the basis for the legitimacy of decision-making to maintain peace and strengthen international security. On the urgent need to restore the rule of international law in solving global problems. On the erosion of the Yalta system and the need to preserve the unique architecture of the UN. About the reasons allowing the UN to prevent a new world war for 75 years.


Understanding the global security environment and delivering the necessary governance responses is a central challenge of the twenty-first century. On a global scale, the central regulatory tool for such responses is public international law. But what is the state, role, and relevance of public international law in today’s complex and highly dynamic global security environment? The Oxford Handbook of the International Law of Global Security provides a groundbreaking overview of the relationship between international law and global security. It constitutes a comprehensive and systematic mapping of the various sub-fields of international law dealing with global security challenges, and offers authoritative guidance on key trends and debates around the relationship between public international law and global security governance. The Handbook features original contributions by leading scholars and practitioners from a wide range of professional and disciplinary backgrounds, reflecting the fluidity of the concept of global security and the diversity of scholarship in this area.


2002 ◽  
Vol 3 (9) ◽  
Author(s):  
Petra Minnerop

Since 1994, the United States of America have been warning of a new threat posed by so-called ‘rogue states'. (1) Following 11th September 2001, a number of these so-called rogue states have been targeted as responsible for the attacks or as a result of fears that they are plan-ning further terrorist acts. The classification of certain states by degrading terminology by the United States not only seems to be fully justifiablevis-à-visthe realisation of an emerging danger; furthermore, it could be seen as movement within the international community to-wards the identification of states which threaten international security. Thus, it is important to look behind the terms: which states fall into the category of rogue states and what consequences could follow for public international law from such classification?


2020 ◽  
Vol 15 (1) ◽  
pp. 133-141 ◽  
Author(s):  
N. A. Molchanov ◽  
E. K. Matevosova

The state of international security in the modern world directly depends on the security of cyberspace. The authors of the paper explore cybersecurity initiatives, considering their most significant legal and political aspects. The paper contains a scientific and expert assessment of the document adopted on November 12, 2018 the Paris Call for Trust and Security in Cyberspace. Given that Russia leads in initiatives in international formats for discussing cybersecurity issues, the authors of the paper turn to the Russian position on a number of key issues within this framework, indicating that the proposals of the Russian side are ahead of many other international initiatives, in particular in terms of their regulatory potential.The authors conclude that confidence-building measures between states in the absence of binding international legal norms are deprived of an instrumental role in resolving many security problems in rapidly changing cyberspace. A prerequisite for effective international law-making in the field of information security is a dialogue between lawyers, politicians and technical experts.


Author(s):  
Asada Masahiko

This chapter traces the history of attempts and achievements in regulating the use of nuclear energy and material, focusing on nuclear non-proliferation and disarmament. Ever since its invention, the nuclear weapon has occupied a special place in the global security order, both militarily and politically, due to its extraordinary destructive power. This picture is further complicated by the fact that nuclear material has both military and civilian uses. Civilian use of nuclear material includes generating electricity through nuclear reactors. Nuclear material also has medical, agricultural, and other peaceful applications, such as its use in the treatment of cancer. The chapter assesses in detail such treaties as the Partial Test Ban Treaty, the Treaty on the Non-Proliferation of Nuclear Weapons, the Comprehensive Nuclear-Test-Ban Treaty, and the Treaty on the Prohibition of Nuclear Weapons. It also looks at the current challenges involving the Democratic People’s Republic of Korea and Iran.


Author(s):  
Guilfoyle Douglas

This chapter discusses maritime security, reviewing relevant law of the sea concepts. The modern law of the sea encompasses both functional and zonal approaches: the question of the law applicable to any situation thus involves analysis of both the activity in question and where it is conducted. Several traditional law of the sea enforcement techniques are also being adapted to new challenges. Principal amongst these is the doctrine of port State jurisdiction. The chapter then surveys a number of challenges in the maritime domain. It looks at three major themes cutting across these various silos. The first is Maritime Domain Awareness; if the law of the sea regulates who may do what and where, then a challenge for enforcement is knowing who is doing what and where. The second theme is the turn to informality. Most new maritime security initiatives do not involve creating new organizations or legal instruments; responses to collective or regional challenges tend now to occur through informal coalitions. Finally, the broadening of maritime security brings a wider range of non-State or ‘grey zone’ actors into the picture, including migrants, seafarers, transnational criminals, and hybrid private/State actors such as the Chinese maritime militia.


Author(s):  
Kellenberger Jakob

This chapter addresses the relationship between armed conflicts, international law, and global security. While today protracted non-international armed conflicts are the prevalent type of armed conflict, international armed conflicts seem likely to again become a major threat to global security in the future. This hypothesis is based, amongst other factors, on recent military confrontations involving a number of States in Syria, the Russian involvement in Crimea, US tensions with Iran and North Korea, and broader regional tensions in the South China Sea. The chapter provides an overview of the interrelation between armed conflicts and other threats to global security before looking at armed conflicts currently raging in various geographical regions of the world. It then considers the adequacy and effectiveness of the existing international regulatory framework governing armed conflicts in light of the broader challenges facing the contemporary world order.


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