Types of disputes
Evidently, each territorial dispute has its own characteristics. However, all territorial disputes encompass a challenger, a challenged agent, different kinds of claims, issues at stake and contexts.[1]
The claims include legal and non-legal reasons such as effective control, historical account, culture, territorial integrity, economic relevance, elitist and/or ideological elements and features.
In turn, the issues at stake comprise characteristics like strategic and economic value of the territory, ties to bordering minorities and political unification.
Finally, the domestic, regional and international contexts are intertwined to different degrees. For instance, the prior loss of territory or a prior unresolved dispute in the domestic context may foster regional and international alliances.
Taking the different categories of claims, the different issues at stake and the possible contexts at play, a typology of territorial disputes includes:
Border disputes
These disputes happen when two or more sovereign states share common borders. Frequent in the Americas at the time of the Colonial empires, the lack of actual demarcation or a clear principle to stipulate a boundary brought differences in the post-independence period between newly formed states. In addition to a normative lacuna or the legal imprecision, factual circumstances related to territory and population challenged (and in some cases, still do) the effective control of legally established borders.
Resource disputes
Related to territory, both in land and sea, the actual or perceived presence of natural resources contributes to fuel differences. Energy resources in the form of hydrocarbons and hydroelectricity and food and water resources (e.g. fisheries, subterranean water) bring examples of elements and features that are linked with the economic and strategic value of the disputes territory.
Ideological disputes
The Americas include disputes that stem and/or are maintained by arguments based on purely ideological premises. Broadly, and by application of political theory, the continent could be divided into those agents—e.g. individuals, communities and states—that follow liberalism and those that support Marxism (or variants of these two).[2]
Influence disputes
This kind of differences are related to the maintenance and projection of domestic power and prestige at regional and international level. Indeed, as an agent, states have domestic, regional and international agendas. Some states like the United States include in their agendas the extension of their power and prestige beyond their legally defined borders. This influence may be direct and indirect and include the use of hard and soft power.
Migratory disputes
Often because of domestic conflict or financial crisis, refugees and exiles have characterized the American landscape. Moreover, cultural, ethnic, religious, sociological or linguistic homogeneity between populations living close by (e.g. natives and former slavery) may contribute to the origin and development of territorial disputes.
Leaders’ prestige disputes
While influence disputes are those related to the projection of states’ domestic power, these types of disputes are fueled by the interests of other agents such as individuals or groups—e.g. political parties. Internal political prestige can be a strong reason to start a territorial dispute and keep it unresolved.[3]
NOTE:
This blog series introduces, explains and assesses issues pertaining territorial disputes in the Americas including law, politics, culture, history and religion. There will be new posts every Monday, Wednesday and Friday.
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[1] For details about categories of claims, issues at stake and contexts relevant to territorial disputes see Jorge E. Núñez, Territorial Disputes and State Sovereignty: International Law and Politics (London and New York: Routledge, Taylor and Francis Group, 2020), Chapter 4.
[2] For details about liberalism, Marxism and other political theories pertaining the state see Jorge E. Núñez, Territorial Disputes and State Sovereignty: International Law and Politics (London and New York: Routledge, Taylor and Francis Group, 2020), Chapter 2.
[3] Jorge E. Núñez, Territorial Disputes and State Sovereignty: International Law and Politics (London and New York: Routledge, Taylor and Francis Group, 2020), Chapter 4.
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