Territorial Disputes and State Sovereignty
International Law and Politics
Jorge E. Núñez
Chapter Two: State
The concept of “state”, like “territorial disputes”, is a familiar term to many sciences that deal with domestic, regional and international affairs. However, these disciplines use the term in various contexts under the assumption it is the same concept when in fact they assume different definitions in their analysis.
As a result, discrepancies in analysis and evaluation of the same territorial disputes lead to disagreement. This disagreement is not relevant to the territorial disputes per se but caused by the a fortiori conditions for the conflicting analyses.
In relation to territorial disputes in particular, this chapter introduces, defines and characterizes the state’s basic constitutive elements (territory, population, government and law) in legal and political sciences.
The underlying assumption that territorial disputes center on the element “territory” is a misconception, as this and the following chapter show.
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