Territory is one of the central elements of international law. However, it is one of the least explored topics, despite its great practical importance. The state as it is still assumes territory as the decisive expression for the exercise of jurisdiction. The decline of territory and the importance of borders was predicted. Globalization, which is in many ways opposed to the international, immediately attacks the powers exercised in the territory, which are considered to be non-modern. The cyber domain hardly recognizes physical spaces. However, in many areas, the territory remains an almost magical ideal, calling for a series of increasingly sophisticated legal regimes, which students of this area should not ignore. Territory, moreover, has virtues that few have highlighted: while it often serves as a shield for violating international law, it can also continue to be a space for protecting freedoms and human rights.

Syllabus

1. The elements of statehood. The role and function of territory in international law; borders, limits. Territorial sovereignty: from the Isle of Palmas case to the present. Contemporary limitations on any territorial acquisitions. The prevalence of maritime delimitation disputes. General prohibition of conquest and annexation. Examples.
2. The extraterritorial projection of human rights protection, and the case of the European Convention of Human Rights (Article 1). The Court's case law, critical appraisal.
3. The right of self-determination, decolonization and secession: the right of self-determination of “territories”? Uti possideti as a stabilization tool. Territorial separation, referendums and whose “will”?
4. Diplomatic immunities, meaning and opportunity. The other immunities, of jurisdiction and execution.
5. Vanishing States. The deterritorialization of state jurisdiction?
6. Final open-book written exam.