ABSTRACT

This chapter discusses early concepts of territory and its link to sovereignty, as well as the evolution of these concepts, and then examines modern concepts of territory and sovereignty, with particular emphasis on the way in which this relationship has evolved from World War I onward. It explains the importance of intent to claims to territory, particularly in instances where the claiming entity might not have physical possession of the entire territorial entity but did manifest the intent to assert possession. The chapter focuses on the physical loss of territory due to environmental, rather than political, factors. It shows that international law and the international community has recognized anomalies in the application of the Montevideo factors once a state is established. The crafters of Roman law or classical law scholars provide insights into and justifications for territory that gives support for the idea of a limited right to territory as a matter of international law.