Law Of Territory Research Articles

Territorializing the Arctic: Problem of Ice in International Law

Following the 2021 Suez Canal obstruction, humanity is now in search of safer and better functioning maritime trade routes, and the icy Arctic turns out to be one of the key candidates. The article contributes to the current debate concerning the status of ice in International Law, the legal status of which remains unclear, stuck in a limbo between the law of the terrain and the law of the sea. The methodology includes reconfiguring the meaning of ‘territory’ under International Law through conducting an evolutionary interpretation to provide grounds for the existence of a ratione materiae type of territory, supported by related domestic and international legal instruments of Alpine and Arctic States. The article outlines useful elements from similar experiments on the measurement of ice features employed in the process of the Alps border demarcation and administration. In conclusion, a sketch of a ‘functional’ Arctic is drawn to suit a world aiming at a sustainable human-nature relationship. The paper aims to introduce ‘ice’ as a legally valid criterion under the law of territory that can be applied in sovereignty disputes on a regular rather than sui generis basis. It demonstrates the fallacy of the static conception of territory in the modern day, particularly when applied in a dynamic environment such as the Arctic, while also stressing the importance of multidisciplinary learning and its critical role in advancing legal theory in domains considered to be the most normatively rigid, such as territorial sovereignty.

Constitutional and Legal Framework of Women Empowerment in India

Our Constitution as ultimate law of territory and sufficient of legislations tried to reorganize their surroundings and supply assistance for security and their upliftments. The study is an attempt to review and fall out that there is complete constitutional and other legal arrangement to deal with issues of women empowerment. However, this research paper is limited to some legal provisions and interpretations of Indian Courts only. The jurisprudence of industrialization has confirmed the very important roles as tool of social justice. Equal Remuneration Act 1976 passed with the aim of equal pay for equal work both man and woman and contained that there will be no intolerance against employment of woman and promotes chance to them. Maternity Benefit Act 1961 provides protection to women workers maternity leave, extra leave for child infancy sufficient awareness to their security and strength of woman during pregnancy and lactation. Factories Act 1948 makes comprehensive requirements concerning health, safety and welfare of employment of women. Sec.25 of Beedi and Cigar Workers (Condition and Employment) Act 1966 laid down no woman shall be obligatory to manufacturing premises except between 6 a.m. and 7 a.m. and to make sure for safety of woman.Â

Making International Law Truly ‘International’?

Abstract Before non-European regions adopted international law, a different set of law of territory governed the non-European regions. Notwithstanding their differences, international courts and tribunals have approached non-European territorial disputes through a single lens of Eurocentric international law. The general claim of this article is that international courts and tribunals should approach non-European territorial disputes with special consideration to account for the region’s historical system. This article case studies the China-Vietnam dispute in the South China Sea to advance this claim. Through the case study, I argue that East Asian concepts of sovereignty do not equate with those employed by Eurocentric international law. I then suggest guidelines for considering regional systems when ruling on non-European territorial disputes. If international courts and tribunals do not change their legal approach, this not only distorts the historical realities of the non-European regions but also results in unfair dispute settlements.

Un royaume multiple et invisible ? - les territoires perdus et retrouvés de la Grande Bretagne du « Brexit »

Since 2016, various explanations for the ‘British exit’ (‘Brexit’) from the EU have been advanced with a key feature of these being a focus on territories. One prominent notion has been that the result reflected a revolt of a ‘Left Behind Britain’ (LBB) of people and places side-lined by the economic, social and cultural changes of the last half century. However, ‘LBB’ is not the only territory whose existence has been reaffirmed, or ‘rediscovered’, in a crisis which has left the United Kingdom a divided and fractured state where the rule of law, constitutional democracy, and integrity of the current UK state territory have come under significant pressure. Informed by this context, this paper offers some reflections on the ‘lost’ and ‘found’ territories of ‘Brexit Britain’.

Environmental Study of “Village” and its Effects to Judging About the Rural Land Use Change (Case Study: Ranching in Environment of a Village in Unification Judgment No 760 of Supreme Court)

Village is the principal subdivision of territory. In Law of Territory, it is accepted that a small society in villages contributes to create a city and cities to big city and so for to province and capital and country. This meaning is not vide from its philosophical dimension. What is the reality of village that necessitate to have such a deep role in our territorial subdivision? It is rarely discussed in law and rarely is a challenge in its dimension. The reality is that the works are done in village is completely different from what is doing in a city and or in bigger cities. The question is that if the notion of work and the example of land use in villages should be compatible by that reality of village? First, approach in confronting to village and farms and gardens could be that approach which is currently accepted in private law and property law. The man who is the owner of a land or garden has the ownership on it so he can do anything he will on his land or his garden. There is not any restriction. This approach can create a kind of concurrence between village and city to being a city in future by predicable defeat of village in that unfair competition. Another approach is that there should be some administrative definition of land using in village and so, controlling that using legally. Also, this approach can kill the reality of village. In the other word, by changing the people’s views in every village, the village will simply be changed to other smaller or larger community. So, it is clear that our questions in this research are that what is the village? What is its reality? What is its importance to keep the village for ever to being always village and how can prevent the works that are inconsistent to the reality and philosophy of village?

Carl Schmitt, Nomos of the Earth, and the Question of Historic Title in International Law

Abstract The Western international law of territory starts from a standpoint of the priority of the State over its population. The latter is merely an object of the ownership of the State. Title to territory rests on dominant evidence of State activity. The activity of so-called private individuals or economic activity of peoples do not count towards title to territory in the case law of international tribunals. This article contests the foundations of such a perspective. The so-called Western law of territory was devised by Western States to divide up among themselves the territory of non-Western ‘non-peoples’, culminating in the racist Island of Palmas Arbitration. Carl Schmitt provides the makings of an alternative history of the law of territory. It is, and should be, the law of the homelands of peoples, historically located on particular spaces. Peoples precede States, which are merely institutions used by Peoples to protect and administer their homelands. Whatever the difficulties of locating the homelands to which Peoples belong, escape into the so-called Western law of territory as a way to ‘Peace through the Rule of Law’ is an illusion – described contemptuously by the political theorist Raymond Aron as a Law of empty spaces. Without justice, there is no law.

The Southern Kuril Deadlock: effectiveness v. protest

INTRODUCTION. For 74 years, Russia and Japan have both claimed legal title over the four Southern Kuril Islands, paralysed by their controversy from making a post-WWII peace treaty and realising the full potential of their bilateral relations. This entire time, the islands have been governed in all aspects of their legal, political, and economic life, by the Russian side. This entire time, Japan has made diplomatic protests contesting the legality of Russian jurisdiction. With no international authority to determine which of the countries prevails, one wonders if the effective Russian control has not or should not have, by now, overcome Japanese protests – almost the only tool international law provides for states to prevent another’s title. MATERIALS AND METHODS. The international legal principles and doctrines at play are the overarching notions of effectiveness and stability, governing the resolution of any territorial disputes, the related doctrines of prescription and acquiescence, and the maxim ex injuria jus non oritur that aims to preclude territorial change if it originates in illegality – these are studied on the basis of contemporary works on the international law of territory and the general scientific methods of analysis, synthesis, description, and deduction. RESEARCH RESULTS. Effectiveness and stability lie at the heart of territorial change. Their derivative doctrines of prescription and acquiescence serve as tools for legitimizing title of dubious origins through long, peaceful and effective possession of territory absent protests from the former sovereign (and subject to the self-determination of the territory’s inhabitants), and, possibly, with the help of recognition by third states. Whether the opposing notion of ex injuria jus non oritur is an international legal principle remains debatable. The international law, however, in the politically sensitive matters of territory is too meek to provide a definite answer to when these concepts clash within the reality such as that of the Southern Kuril dispute. DISCUSSION AND CONCLUSIONS. In weighing the Russian effective control over the islands against Japan’s demands that the territories be returned to Japan, the key question is: does effective possession override protests, given the duration and quality of such effectiveness and such protests? It is argued here that such an answer would benefit the aim of stability sought by the international law and that in the situation at hand it should be a carefully qualified, but emphatic yes.

Eliot Howard's “law of territory” in birds: the influence of Charles Moffat and Edmund Selous

Eliot Howard presented his theory of territory in the nine-part The British warblers published between 1907 and 1914. He is generally considered to have been unaware of significant earlier accounts of this theory, in particular by Altum and by Moffat in 1903 in The Irish naturalist. This periodical was perhaps little read outside Ireland, but Howard's wife came from Donegal, and his regular birdwatching there make early familiarity probable. In 1904, he began planning an ambitious work on warblers that would draw attention to supposed defects in the theory of sexual selection. Probably hastened by Selous highlighting sexual selection in The zoologist in 1906, part one of The British warblers in 1907 carried a forthright attack on Darwin's theory. Territory was first mentioned in part two in 1908, but without elaboration, after Selous in 1907 described the Ruff's territory on its assembly ground. In November 1910, in part five of The British warblers, after Selous that year had stressed territory on Eurasian Black Grouse leks, Howard's writing became more focused, and a “law of territory” was stated to be widespread in birds: males struggle, not for females, but for territory, and if won, a mate is won also. Many common features point to the crucial influence of Moffat's article on the theory proposed by Howard. His awareness of Moffat's work is further evidenced by a newspaper report found among his papers, about a Dublin lecture in January 1910 by R. M. Barrington, who stated that Moffat's theory was supported by Howard.

Title to Territory in the Post-Colonial Era: Original Title and Terra Nullius in the ICJ Judgments on Cases Concerning Ligitan/Sipadan (2002) and Pedra Branca (2008)

This article approaches two International Court of Justice judgments on the cases concerning Ligitan/Sipadan (2002) and Pedra Branca (2008) from the perspective of the law of territory in the post-colonial context, showing that the Court managed to free the concepts of ‘original title’ from ‘terra nullius’. It is prefatorily explained that the concepts of ‘original title’ and ‘terra nullius’, which operate in combination, had both functioned as bases for the traditional law of territory and as unilateral justification for colonization by European powers. By contrast, analysis of the two recent judgments illustrates that the Court contrived to separate the two concepts from the context of colonialism by avoiding the determination of the islands as ‘terra nullius’ and expanding the concept of ‘original title’ while preserving the existing framework of law of territory. The problem is presented with a caveat, however; overemphasizing the significance of ‘original title’ in the post-colonial context might lead to disregard for the foundations of title to territory, that is effective control of territory and its legitimizing logic, on which the territorial order of today’s international society is based.

Climbing the Walls: International Law and the Construction of a Security Barrier Protecting Settlers

Nearly a decade has passed since the International Court of Justice published its Construction of a Wall advisory opinion, advising that Israel settlements in the West Bank and the entire Israeli security barrier in the West Bank are unlawful. This working paper (originally submitted as a paper for a seminar given by Prof Malcolm Shaw on Human Rights and the Law of Territory) seeks to demonstrate why the Court advised incorrectly on these two points.

Assessing the Consequences of the 1999 German Citizenship Act

This special issue of German Politics and Society offers a retrospective look atthe German Citizenship Act (Staatsangehörigkeitsgesetz, StAG), which passed in1999 and came into force in 2000.1 The law was and continues to be understoodby many academics, policymakers, and lay commentators as constitutinga “paradigm shift” in German citizenship policy and, by extension,prevailing conceptions of German nationhood. The introduction of the lawof territory (jus soli), in particular, was greeted as a welcome acknowledgementof Germany’s de facto status as a modern immigration country. Childrenborn and raised in Germany would no longer be rendered permanentforeigners as a consequence of the dominance of the law of descent (jus sanguinis)in the Reichs- und Staatsangehörigkeitsgesetz (RuStAG), 1913. Proponentsassumed that the reduction of the residency requirement for naturalizationwould also allow greater numbers of long settled immigrants to assume therights and privileges of German nationality. Just as importantly, Germanywould join the European mainstream as regarded citizenship policy. Thestigma associated with its traditionally ethnic conception of nationhoodwould give way to a more positive, civic identity.

An Inquiry into the Turkish ‘School’ of International Law

This paper seeks to examine major Turkish textbooks of public international law, focusing particularly on a small number of core areas in this discipline: historical origins and basic features; formal sources; main subjects; the law of territory; international law and development. These textbooks show a strong inclination towards Eurocentrism and positivism due to their denial of the vigour of 'soft law', as manifested for instance in UN General Assembly resolutions, and of their marginal treatment of 'international law and development'. What is more, substantive issues of international law are not discussed in a critical way; rather the procedures of the discipline are given priority. This is almost to suggest that Turkish international law scholars hold the view that their raison d'etre is confined to 'technical expertise', and that the relationship between law, other disciplines and society lies outside their domain. In the final analysis, therefore, the hard core of issues integral to international law and having a deep impact on international politics, such as the search for a New International Economic Order (NIEO), the principle of self-determination and human rights are either entirely bypassed or treated only very narrowly in Turkish international law textbooks.

Li Chia Hsing v. Rankin

Jurisdictio — In general — Territorial — Fisheries — Declared fishing zone — Whether required to be marked on large-scale charts officially recognized by coastal State — Convention on the Territorial Sea and the Contiguous Zone, 1958 — The law of AustraliaState territory — Parts of — Territorial waters — Breadth and delimitation of the maritime belt — Base lines — Base lines of declared fishing zone — Whether required to be marked on large-scale charts officially recognized by coastal State — Convention on the Territorial Sea and the Contiguous Zone, 1958, Article 3 — Base lines in the absence of a chart — Sea and Submerged Lands Act 1973 — The law of Australia

Public Prosecutor v. J.O.

Treaties — Conclusion and operation — Constitutional limitations — Ministerial decree in conflict with provisions of prior enacted international treaty — Whether decree binding on municipal courts — Article 66 of Dutch Constitution — The law of the Netherlands130 State territory — Parts of — Rivers — International rivers — The principle of freedom of navigation on international rivers — Restrictions in the interests of general security — Reasonableness test — Act of Mannheim, 1868, Article 1 — Re-routing of inland shipping for benefit of seagoing traffic — Whether ministerial decree which violates prior international treaty may be applied by the municipal courts — Article 66 of the Dutch Constitution — The law of the Netherlands

Calder et al. v. Attorney-General of British Columbia

States as international persons — In general — Sovereignty and independence — In foreign relations — Doctrine of act of State — Whether applicable in case of claim of aboriginal title — The law of CanadaState territory — In general — Nature of territorial sovereignty — Acquisition of territorial sovereignty — Conquest and annexation — Loss of territorial sovereignty — Title — Mode of acquiring title and territorial sovereignty — Legislation — Effect and evidentiary value of — Whether Proclamation and Ordinances of foreign State enough to extinguish title — Aboriginal title of Indians in Canada — Whether and how extinguished by Crown — Use of maps in territorial disputes — Jurisdiction of Canadian courts to declare claim of title against Crown — The law of Canada

Coe v. Commonwealth of Australia and Another

State territory — In general — Acquisition of territorial sovereignty — Conquest and annexation — Acquisition of Australia in 1780-1788 — Terra nullius — Whether occupation or conquest — Rights of aboriginal people in land under international law — The law of AustraliaState territory — In general — Acquisition of territorial sovereignty — Occupation — Discovery — Acquisition of Australia in 1770–1788 — Terra nullius — Whether occupation or conquest — Validity and legal effects — Act of State — Whether aboriginal people had rights in land under international or Australian law — Procedure — The law of Australia

CFTC Federation of Environment, Equipment, Housing, Transport and Tourism Workers and Another

The individual in international law — In general — Human rights and freedoms — Right to strike — Limits — Legality of order prohibiting lock operators on international waterway from exercising right to strike — Public policy — Whether such prohibition required by Convention of Luxembourg on Canalization of Moselle, 1956 — The law of FranceState territory — Parts of — Rivers — International rivers — The principle of freedom of navigation on international rivers — Limits — Legality of order prohibiting lock operators from taking strike action — Convention of Luxembourg on Canalization of Moselle, 1956 — Whether requiring signatory States to prohibit strike action by such employees — The law of France

Kazi Mukhlesur Rahman v. Bangladesh and Another

Treaties — Conclusion and operation of — Ratification of treaties — Entry into force — Whether treaty can enter into force without ratification — Effect of provision for ratification — Bangladesh — India Treaty concerning the Demarcation of the Land Boundary, 1974 — The law of Bangladesh State territory — In general — Loss of territorial sovereignty — Cession — Determination of boundary involving cession — Whether executive empowered to cede State territory without legislative sanction — Mode of sanction required — Whether situation different when territory always in the possession of the foreign State — Bangladesh-India Treaty concerning the Demarcation of the Land Boundary, 1974 — Entry into force without ratification — The law of Bangladesh

The Queen v. Turnbull and Others; ex parte Petroff

Jurisdiction — In general — Territorial — Exemptions from and restrictions upon jurisdiction — Foreign States — Embassy premises — Whether premises of foreign embassy are outside territory of receiving State — Whether criminal law of receiving State is applicable inside premises of foreign embassy — Vienna Convention on Diplomatic Relations, 1961 — The law of the Australian Capital Territory

Re The Berubari Union and Exchange of Enclaves

States as international persons — In general — Sovereignty and independence — In foreign relations — Power to make treaties — Treaties of cession — Whether cession of territory possible without legislative sanction — The law of India181State territory — In general — Loss of territorial sovereignty — Cession — Power of the executive to cede State territory — Whether cession of territory possible without legislative sanction — Form of such sanction — The law of India