Wednesday, 8 January 2025

Territorial Disputes in the Americas blog series. Post 12: Americans versus Americans

 


American versus Americans

Different from the cases reviewed in this blog series such as the Mexico-United States border, the Falkland/Malvinas Islands and Guantanamo Bay, other territorial disputes in the continent present agents with similar bargaining power. More precisely, some of the cases explored included central, strong or advantaged agents such as the United Kingdom, the United States, Russia, China and India.

These agents characterize themselves because of the different realpolitik influence in comparison to others involved in the relevant territorial dispute despite, for example, public international law granting legal sovereign equality to states. Conversely, while legal sovereign equality is still present, this post refers to cases in which the involved agents have similar situations with regard to their bargaining power in the territorial dispute at hand, whether they are the challenger or the challenged agent.

Broadly, the territorial disputes between American states are originated and fueled by several elements and features such as historical roots, exploration and exploitation of natural resources and the sociological, ethnic and cultural components. Therein, the first part of the chapter will introduce a basic typology of these differences to distinguish border disputes, resource disputes, ideological disputes, influence disputes, migratory disputes and leaders’ prestige disputes.

These territorial disputes can be divided into three clusters that correspond to three different geopolitical regions, that is North America, Central America and the Caribbean Basin and South America. For instance, North America includes disputes between the United States and Canada centered on maritime claims.[1]

Different elements and features have worked together in negative synergy to foster differences in Central America and the Caribbean Basin. Colonial seeds, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the redefinition of areas such as exclusive economic zones (EEZ), new technologies and the presence of natural resources resulted in several differences such as Guatemala and Belize, Guyana and Suriname, Venezuela and Guyana, Nicaragua and Costa Rica and El Salvador and Honduras.

Most of the territorial disputes in South America are now resolved. They all had roots in colonial times. There are, however, several hallmarks in relation to territorial disputes in areas like the Amazon and Southern Cone that the fourth part will explore: a territory rich in natural resources attracts domestic, regional and international agents such as sovereign states, indigenous people, non-governmental organizations, multinational private companies, and scientists; politicians and academics seem to agree that the internationalization of the Amazon is not advisable; current issues include illegal cross-border immigration and differences over resource extraction; border reconfiguration can emerge as a social construction; indigenous communities do not necessarily conform to legally defined borders and their claims to ethno-territorial rights are usually opposed to the interests of sovereign states and private companies; and the presence of external guarantors suggests an arguably more robust peaceful agreement. For example, the guarantors were key in the final dispute resolution between Ecuador and Peru achieved in 1998 Brasilia Peace Agreement.

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.

Indigenous people and implanted populations

State Sovereignty: Concept and Conceptions (OPEN ACCESS) (IJSL 2024)

AMAZON

ROUTLEDGE, TAYLOR & FRANCIS

Wednesday 8th January 2025

Dr Jorge Emilio Núñez

X (formerly, Twitter): https://x.com/DrJorge_World

https://drjorge.world


[1] Note the Mexico-United States border is settled and, therefore, not included here.

Monday, 6 January 2025

Territorial Disputes in the Americas blog series. Post 11: Religion and peacebuilding

 


Religion and peacebuilding

Sovereignty and territorial disputes include a vast variety of elements and features that different disciplines explicate and evaluate as objects or subjects of study—i.e. any living or inanimate “thing” or “entity,” action or omission capable of being studied by any scholarly discipline. According to their modes of existence, these objects or subjects of study may be classified as ideal, natural, cultural and metaphysical.[1]

Territorial disputes and sovereignty conflicts can be characterized by reference to ideal, natural, cultural or metaphysical elements and features. The distinction is important because the kind of object or mode of existence conditions the way in which scholars make their assessments (methodology) as well as their understanding (epistemological act). More precisely, because of the particularities of these objects or subjects of study, scientific disciplines apply a relevant method to understand and assess them. Similarly, different scientific disciplines use relevant epistemological acts to interpret them in a way they can be transferred as knowledge. The following paragraphs will briefly refer only to metaphysical objects.

Metaphysical objects are real, they exist, are not in the experience and are valuable positively and negatively. For example, God, who is conceived as a reality and the highest goodness, is not in the experience, as He cannot be seen anywhere nor be accessed through any other of the senses. However, at least for believers, He is a reality, accessible through faith and therefore exists. Metaphysical objects such as common faith and beliefs have had an impact too in territorial disputes in territorial disputes in the Americas.

The chart below illustrates current data pertaining major religious groups in the Americas, with focus on Latin America and the Caribbean.


A point worth highlighting that seems to be a constant feature in territorial disputes in the Americas and their peaceful settlements has to do with other normative system than law, that is religion. All states in the Americas somehow follow and/or officially support Judeo-Christian tradition.

Research shows that Judeo-Christian tradition, in comparison to others, fosters peacebuilding by means in addition to holy scriptures and individual figures such as institutions and practices dedicated to that effect.

For example, while attempts made by the United Kingdom almost brought a war because of the Beagle Channel Dispute, common faith—i.e. Argentina and Chile are largely Catholic populations—by means of the Papal mediation was instrumental in the final peaceful settlement.[2]

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.

Americans versus Americans

State Sovereignty: Concept and Conceptions (OPEN ACCESS) (IJSL 2024)

AMAZON

ROUTLEDGE, TAYLOR & FRANCIS

Monday 6th January 2025

Dr Jorge Emilio Núñez

X (formerly, Twitter): https://x.com/DrJorge_World

https://drjorge.world


[1] This post will briefly refer to metaphysical objects. For a detailed account of each mode of existence (including ideal, natural, cultural and metaphysical objects) see Jorge E. Núñez, Cosmopolitanism, State Sovereignty, International Law and Politics: A Theory. Routledge, Taylor & Francis Group (London and New York: Routledge, Taylor & Francis Group, 2023), Chapter 5.

[2] James L. Garrett, “The Beagle Channel Dispute: Confrontation and Negotiation in the Southern Cone,” Journal of Interamerican Studies and World Affairs 27:3 (1985): 81-109; and many others.