Common roots to the territorial disputes in the Americas
There are common roots to territorial disputes in the Americas.[1] In order to more clearly present, explain and assess them, this monograph distinguishes three historical periods: pre-Columbian times; post-Columbian but pre-independence times; and post-independence times.
Pre-Columbian times
The population in the Americas is calculated to had been between 54 and 112 million in Pre-Columbian times. These peoples were organized in empires such as those of the Aztecs, Mayas, and Incas as well as in smaller tribes and nomadic groups.
Regardless of their differences, in all cases, the geographical location was influenced by religious components and basic needs such as the provision of water, food and shelter. There is clear evidence some of these populations were highly advanced. Territorial disputes were mainly because of the expansion of empires.
Post-Columbian but pre-independence times
With European conquest, the native population was dramatically reduced—i.e. fewer than 10 million indigenous people survived. The former Aztec, Mayan and Incan empires were dismantled and many tribes simply became extinct. Similar to cases in Africa, Asia and the Middle East, European colonization had little regard to the original occupants of the land, and caused profound socio-political changes across the Americas.
Moreover, European colonizers brought their legal and political understanding of territorial sovereignty such as through the Papal bulls of Alexander VI Inter caetera, Inter caetera II (Eximiae devotionis), Inter caetera III and Dudum siquidem.
For example, the Inter caetera bullsgranted the Spanish and Portuguese monarchs sovereignty erga omnes over territories in the Americas, established a line of demarcation and, unsurprisingly, indigenous population were not acknowledged. The 1494 Treaty of Tordesillas between Spain and Portugal would cement these bases.
Post-independence times
The states formed after colonial times applied the principle of uti possidetis juris by which they assumed to have sovereignty over their formerly-colonial areas—i.e. they claimed de jure sovereignty over territories in which they already had de facto presence. The “settled” borders in such a way proved to be unclear or non-existent and generated competing claims that resulted in territorial disputes.
Former colonial powers interfered directly and indirectly in the Americas. As a response to these interferences, the newly formed states brought the Monroe, Calvo and Drago doctrines. The Monroe Doctrine can be summarized into the following basic principles of public international public: a) no colonization; b) non-intervention of European states in the affairs of America; and c) reciprocal non-intervention in European affairs. The Calvo and Drago doctrines prohibit the intervention of a sovereign state if the purpose of that intervention is solely to oblige that the target state to fulfil its international financial obligations—e.g. Venezuela and its international public debt in 1901 that later resulted in the naval blockade by Great Britain, Germany and Italy.
Although claims to territory by indigenous people continue to be systematically discarded in this period, based on two reasons: the natives were not legally “persons” or they were considered inferior, Latin American states are currently reviewing the way in which they interact with these populations.
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 more details see Jorge E. Núñez, “Territorial Disputes,” in Liliana Obregón Tarazona and others (eds.), The Oxford Handbook of International Law and the Americas (Oxford University Press, 2024/25) available at https://academic.oup.com/edited-volume/45649/chapter-abstract/443994687?redirectedFrom=fulltext
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