The
issues at stake in TERRITORIAL DISPUTES are many. According to Huth, we may
refer to:
CONSTANT
ISSUES AT STAKE
- Strategic location of the territory
- Ties to bordering minority
- Political unification
- Economic value of the territory
INTERNATIONAL
CONTEXT
- Balance of military forces
- Prior gain of territory
- Common alliance
- Previous settlement
DOMESTIC
CONTEXT
- Prior unresolved dispute
- Prior loss of territory
- Decolonization norm
Huth, Paul K. 2001. Standing Your Ground. Territorial
Disputes and International Conflict. The University of Michigan Press.
From
the above classification, it is clear that some elements are constant or,
arguably, more relevant to initiate a TERRITORIAL DISPUTE. The examples go from
strategic location and economic value of the territory to political unification
and bordering minorities. As any classification, these are issues considered in
theory separated.
In the real world, a given TERRITORIAL DISPUTE may be a
combination of two or more of these elements. Cases such as Falkland/Malvinas
islands and Gibraltar (despite their many particularities that make them
different in many aspects) offer several theoretical similarities. We can
easily observe on both cases strategic location and economic value of the
territory argued by the United Kingdom, Argentina, Spain, the Falkland/Malvinas
islanders and the Gibraltarians. Similarly, the cases of Kashmir and Northern
Ireland share in common theoretical elements helpful in order to better
understand these disputes: political unification and bordering minorities.
The
international and domestic context play a part too. Prior gain of the
territory, previous settlement, prior unresolved dispute, prior loss of
territory and the decolonization norm are central to many TERRITORIAL DISPUTES
in Central and South America, Africa, Central, East and South-East Asia.
Bearing
these different issues very briefly mentioned here the next posts will
introduce many examples of actual TERRITORIAL DISPUTES. It is important to think
of them as multi-level phenomena with different reasons behind them that have
to do with cultural, legal, historical, sociological, geographical, financial
elements and many others.
NOTE:
This post is based on Jorge Emilio Núñez, “Territorial Disputes and State
Sovereignty: International Law and Politics,” London and New York: Routledge,
Taylor and Francis Group, 2020 (forthcoming)
Previous
published research monograph about territorial disputes and sovereignty by the
author, Jorge Emilio Núñez, “Sovereignty Conflicts and International Law and
Politics: A Distributive Justice Issue,” London and New York: Routledge, Taylor
and Francis Group, 2017.
NEXT
POST: Territorial disputes, remedies
Thursday 26th September 2019
Dr Jorge Emilio Núñez
Twitter: @London1701
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