Friday, 19 February 2021

Territorial disputes: Final Recap 2021 (5 of 10) [Post 195]

 


Final recap. [5 of 10]: The Israel-Palestine difference


The longstanding and still unresolved TERRITORIAL DISPUTE between Israel and Palestine has several dimensions. The current nomenclature in legal and political sciences used the term TERRITORIAL DISPUTE. Yet, the Israel-Palestine difference is a clear example of an ongoing dispute that has to do with territory as well as population, government and law domestically, regionally and internationally.

NOTE: The last posts this year include a recap of all we have covered so far by including daily the relevant links.


Posts 41 to 65: the Israel-Palestine difference


Previous posts of the TERRITORIAL DISPUTE series (only about the Israel-Palestine difference below):



























NOTE:  

This post is based on Jorge Emilio Núñez, Territorial Disputes and State Sovereignty. International Law and Politics (Routledge 2020).
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: 

Final recap. [6 of 10]: Crimea


Friday 19th February 2021
Dr Jorge Emilio Núñez
Twitter: @DrJorge_World
https://drjorge.world

Thursday, 18 February 2021

Territorial disputes: Final Recap 2021 (4 of 10) [Post 194]

 


Final recap. [4 of 10]: Gibraltar


Posts 31 to 40 centered the attention on Gibraltar. The combination of domestic, regional and international elements make this dispute a stalemate.

We have an already complex situation with Gibraltar, Spain and the United Kingdom in terms of geostrategic location, tax evasion, fishing rights, financial situation, only to name very few. If we add the European Union and Brexit the picture is extremely intricate. Although in principle a stalemate may seem negative, the status quo in Gibraltar may continue for now.

NOTE: The last posts this year include a recap of all we have covered so far by including daily the relevant links.


Posts 31 to 40: Gibraltar


Previous posts of the TERRITORIAL DISPUTE series (only about the Gibraltar below):












NOTE:  

This post is based on Jorge Emilio Núñez, Territorial Disputes and State Sovereignty. International Law and Politics (Routledge 2020).
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: 

Final recap. [5 of 10]: The Israel-Palestine difference


Thursday 18th February 2021
Dr Jorge Emilio Núñez
Twitter: @DrJorge_World
https://drjorge.world

Wednesday, 17 February 2021

Territorial disputes: Final Recap 2021 (3 of 10) [Post 193]

 


Final recap. [3 of 10]: Falkland/Malvinas islands


The posts today re-visits another TERRITORIAL DISPUTE: the Falkland/Malvinas islands.
In 2018, we covered conceptual elements, law and politics, and several of the most relevant worldwide differences
NOTE: The last posts this year include a recap of all we have covered so far by including daily the relevant links.

Posts 21 to 30: Falkland/Malvinas islands


Previous posts about Falkland/Malvinas islands (TERRITORIAL DISPUTES series):








  


NOTE:  

This post is based on Jorge Emilio Núñez, Territorial Disputes and State Sovereignty. International Law and Politics (Routledge 2020).
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: 

Final recap. [4 of 10]: Gibraltar


Wednesday 17th February 2021
Dr Jorge Emilio Núñez
Twitter: @DrJorge_World
https://drjorge.world

Tuesday, 16 February 2021

Territorial disputes: Final Recap 2021 (2 of 10) [Post 192]

 


Final recap. [2 of 10]: Kashmir


The blog series TERRITORIAL DISPUTES covered conceptual elements, law and politics, and several of the most relevant worldwide differences: today we go back to our posts about Kashmir.

NOTE: The last posts this year include a recap of all we have covered so far by including daily the relevant links.

Posts 11 to 20: Kashmir


Previous posts about Kashmir (TERRITORIAL DISPUTES series):












NOTE:  

This post is based on Jorge Emilio Núñez, Territorial Disputes and State Sovereignty. International Law and Politics (Routledge 2020).
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: 

Final recap. [3 of 10]: Falkland/Malvinas islands


Tuesday 16th February 2021
Dr Jorge Emilio Núñez
Twitter: @DrJorge_World
https://drjorge.world

Monday, 15 February 2021

Territorial disputes: Final Recap 2021 (1 of 10) [Post 191]

 


Final recap. [1 of 10]

With 200 posts this year, the blog series TERRITORIAL DISPUTES covered conceptual elements, law and politics, and several of the most relevant worldwide differences: Kashmir, Crimea, Gibraltar, Falkland/Malvinas islands, the South China Sea, Northern Ireland, the Persian Gulf, the Israel-Palestine case, and many others.

The last posts this year include a recap of all this by including daily the links to all what we have done so far.

Posts 1 to 10

Territorial disputes, conceptual elements, law and politics

Post 1 Territorial disputes: introduction

Post 2: Territorial Disputes, State and Sovereignty

Post 3: State and its elements. Population

Post 4: State and its elements. Territory

Post 5: State and its elements. Government

Post 6: State and its elements. Law

Post 7: Territorial disputes: sovereignty

Post 8: Territorial disputes: sovereignty (cont.)

POST 9: Territorial disputes: issues at stake

POST 10: Territorial disputes: remedies


NOTE:  

This post is based on Jorge Emilio Núñez, Territorial Disputes and State Sovereignty. International Law and Politics (Routledge 2020).
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: 

Final recap. [2 of 10]


Monday 15th February 2021
Dr Jorge Emilio Núñez
Twitter: @DrJorge_World
https://drjorge.world



Friday, 12 February 2021

Territorial disputes: The Persian Gulf (Part 30) [Post 190]

 


The Persian Gulf: Partial Conclusions


The longstanding and still unresolved TERRITORIAL DISPUTES in the Persian Gulf have several dimensions. The current nomenclature in legal and political sciences used the term TERRITORIAL DISPUTE. Yet, the disputes in the Persian Gulf are a clear example of an ongoing differences that have to do with territory as well as population, government and law domestically, regionally and internationally.

This blog series TERRITORIAL DISPUTES originally aimed only to briefly introduce conceptual elements (first ten posts of the series) and thereafter present a succinct overview of relevant and current examples.

Before we covered the differences in the Persian Gulf, we had addressed Kashmir, the Malvinas/Falkland islands, Gibraltar, the Israel-Palestine case, and many others. The plan was to write and publish only ten posts (like with the rest of the case studies) for the Persian Gulf region. Thanks to the comments made by one of our readers, I decided to extend the assessment of this particular case study.

Because of the nature of this series and its platform (a blog), I have covered the basis in relation to the differences in the Persian Gulf and the application of the EGALITARIAN SHARED SOVEREIGNTY to evaluate a solution. However, there are questions that are more complex and more serious problems to address. 
I am addressing these questions with future dedicated research. To give an answer to these points deserve a more in-depth analysis that will have to include technicalities in terms of statistical information, methodology and content based on the disciplines of reference. In addition to this, I do my best to keep this blog series as accessible as possible for anybody (at least, most people) to be able to get a grasp and participate in the discussion.

Having said that, the last 29 posts have enabled us to:
  • Be familiar with a brief historical chronology.
  • Distinguish historical facts from religious account.
  • Understand some key domestic, regional and international reasons behind this difference.
  • Introduce the concept of “colourable claim” and explore three different grounds: historical entitlement, legal basis and moral standing. Its main outcome is that both Israelis and Palestinians ought to be part of any negotiation concerning the sovereignty (de jure and de facto) over the disputes territories.
  • Introduce the solutions presented in recent years by the United States, United Nations and Arab League.
  • Learn that all the aforementioned solutions suggest explicitly or implicitly partition and/or the interference of non-regional parties.
  • Evaluate by means of an abstract experiment how the EGALITARIAN SHARED SOVEREIGNTY may solve the difference and could materialize.



With all this in mind, three main partial conclusions leave the door open for future reflection and analysis:
  1. Sovereignty of the disputed territories should not be totally in the hands of only one of the claiming parties either Saudi Arabia, Iran, Iraq, Kuwait, Bahrain, Oman, Qatar, or the United Arab Emirates.
  2. If existing conditions in terms of sovereignty continue, they will only perpetuate a status quo and therefore, a legal and political limbo securing only one result: a volatile area in many ways.
  3. United Nations or any other party alien to the dispute (for example, United States, United Kingdom, Russia, Arab League) should not interfere.


There is nothing completely unresolvable if we look together for a solution. Indeed, if we choose not to solve the difference and we do not look for ways to move forward we are not going to find it. 
It is usually the case in this kind of differences that victory for one party means the other party has to suffer. 
When we shift the focus, and understand we are all human beings and we are all fathers and mothers, sons and daughters, brothers and sisters doing our best to let our future generations live in a better world we may have a chance. It is not only up to Saudi Arabia, Iran, Iraq, Kuwait, Bahrain, Oman, Qatar, or the United Arab Emirates. It is up to all of us.

For an interactive map of TERRITORIAL DISPUTES see


For current information about TERRITORIAL DISPUTES see CIA’s The World Factbook at:



NOTE:  

This post is based on Jorge Emilio Núñez, Territorial Disputes and State Sovereignty. International Law and Politics (Routledge 2020).
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: 

Final recap.


Friday 12th February 2021
Dr Jorge Emilio Núñez
Twitter: @DrJorge_World
https://drjorge.world

Thursday, 11 February 2021

Territorial disputes: The Persian Gulf (Part 29) [Post 189]

 


The Persian Gulf and controversial borders


Borders are volatile (to say the least) in the already tense Persian Gulf region. With communities presenting very different living standards and the myriad of checkpoints the situation deteriorates on an ongoing basis. Recent events are self-evident.

A general approach previously used in the region (and in many others around the world by former colonial powers imposing them to former colonies) has to do with partition solutions. 
They work under the assumption that the hostilities between opposing ethnic groups makes it impossible for them to live peacefully together in a single state (Haklai and Loizides, ed., 2015). 
There are many reasons to disagree with the partition solution. For an academic reference see for example Laitin (2004), Sambanis (2000), Sambanis and Schulhofer-Wohl (2009), and others.


The EGALITARIAN SHARED SOVEREIGNTY may rule out extreme situations such as:
  • Sovereignty of the disputed territories to be totally in the hands of only one of the claiming parties.

  • Existing sovereignty should automatically continue, or that everything should remain in a status quo.

  • The intervention of the United Nations or any other party alien to the dispute. Several problems immediately arise.


United Nations (UN): although UN aims to grant sovereign equality amongst the States its own system reveals a contradiction: veto power in the Security Council is only granted to certain sovereign States.
This may be translated (in the perception of at least one of claiming parties) as an unbalanced and unfair starting point to have negotiations, and with a predictable result.
Not only does the Security Council present these problems but also other UN organizations. Even the UN General Assembly, at first glance a fair environment for sovereign States to participate in, has been regarded as ineffective or irredeemably biased because of the different bargaining powers of its members.

Finally, in cases of contested sovereignty over populated territories, stateless people are not UN members.
Other parties: in terms of other parties alien to the dispute (for example, the United States, the United Kingdom, Russia, China) history is self-evident in demonstrating their policies in the region have been far from successful, have taken little care about the local population and their needs, and have been more (only) centered on their geostrategic domestic policies rather than taking Israel and Palestine into consideration.

In brief, in order to acknowledge the controversial features the EGALITARIAN SHARED SOVEREIGNTY advises to remove the borders and any checkpoints in the disputed territories. 
As we discussed when assessing population in the context of the Israel-Palestine difference a while ago in this blog series, by applying the EGALITARIAN SHARED SOVEREIGNTY, the inhabitants of the disputed territories would be citizens of both bordering sovereign states, they would have a common passport valid in the disputed territories. 
In terms of religion, as the second pre-requisite recognizes basic non-political liberties, freedom of movement and residence would be adopted at a constitutional level. The lexically prior prerequisite of non-political liberties controls this.

NOTE:  

This post is based on Jorge Emilio Núñez, Territorial Disputes and State Sovereignty. International Law and Politics (Routledge 2020).
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: 

The Persian Gulf: Partial Conclusions


Thursday 11th February 2021
Dr Jorge Emilio Núñez
Twitter: @DrJorge_World
https://drjorge.world