Chapter

Introduction

Malcolm Shaw

in Title to Territory in Africa

Published in print March 1986 | ISBN: 9780198253792
Published online March 2012 | e-ISBN: 9780191681424 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198253792.003.0001
Introduction

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Territory is crucial in determining the sovereignty of a state. As Oppenheim has noted, ‘a State without a territory is not possible’. This does not mean territoriality is the single criterion of personality in international law; however statehood without a reasonably defined geographical base is inconceivable. This introductory part examines the long historical evolution of the international law of territory. It examines the concept of territorial acquisition such as conquest, cession, secession and terra nullius. The introduction also gives an overview of the role of territory in the sovereignty of a particular state. Discussion also focuses on territorial exclusivity and territorial sovereignty of a state wherein the boundaries, the jurisdiction and the right to self-determination of the state are examined. Further discussion also focuses on other existing issues regarding the extent of territory.

Keywords: territory; sovereignty; state; international law; territorial acquisition; territorial exclusivity; territorial sovereignty; boundaries; jurisdiction; self-determination

Chapter.  11491 words. 

Subjects: Constitutional and Administrative Law

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