Territory Definition

Legal Issues

‘Territory’ has vital importance in international law. A state does not have a statehood if it does not have a territory. ‘Territory’ refers to a definite, although sometimes disputable, boundary or demarcation of a state’s frontier on the surface of the earth, including ocean and extending to the sky and centre of the earth, which indicates the limits of the state’s sovereignty and jurisdiction. For example, land, seas and airspace within the legitimate jurisdiction (as opposed to physical but illegal control of certain land, seas and airspace) of a state are its territory, territorial seas or airspace. However, the legal concept of ‘territory’ in international law may sometimes be artificial and uncertain. For example, a foreign aircraft, foreign warship or foreign diplomatic commission may be within the territory of a host state, but the host state may not have exclusive jurisdiction (or sometimes no jurisdiction at all) over the persons or property within the aircraft, warship or compound of the foreign diplomatic commission. This is because the relevant sovereign states agree to grant reciprocal immunities to each other in such circumstances; or alternatively, the state to which the aircraft (as ordinary property) or warship (as state-owned property) belongs may argue that the space within the aircraft and warship is the extension of the state’s territory. Indeed, a state has an exclusive jurisdiction over the persons or property within the said aircraft or warship travelling in international airspace or waters.(1)

Resources

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Notes

1. John Mo, International Commercial Law