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Chapter 3 examines how international lawyers see the world and argues that this visual orientation is a product of longstanding forms of power embedded in the cartographic medium. It begins by challenging the liberal assumption that law stands apart from power. Instead, it shows that structural and productive forms of power have shaped the architecture of International Law from its inception. Central to this inheritance is the dominance of the cartographic map: presenting the Earth through geometric grids, territorial containers, and the seemingly naturalized image of the “World Map.”
By reversing the discipline’s hierarchy of text over image, the chapter reveals how cartographization has governed international legal perception, and traces how mapping practices became foundational to the very conditions of global legibility. Cartographic power fashioned territory, borders, and jurisdiction into universal categories and naturalized a Eurocentric, state-centric world order.
The chapter then introduces cartogenesis: the historical process through which geometric mapping remade earlier spatial literacies and consolidated the cartographic globe as the default ontology of International Law. Yet this visual regime now strains under emerging spatial realities that elude planar representation.
Ultimately, the chapter argues that rethinking international legal space requires breaking with this cartographic template.
Chapter 5 uncovers the overlooked role of cargo in shaping the rise – and decline – of the cartographic worldview that international lawyers take as natural. The chapter demonstrates that Europe’s early modern pursuit of cargo was the material engine behind the emergence of statist cartography. Through the carraca, Ptolemaic coordinates, and imperial planispheres, cargo-seeking fused with geometric representation to naturalize a proprietary image of the Earth as a divisible, appropriable whole.
The chapter then traces the unravelling of this cartographic order. Contemporary mobilities have given rise to pointillistic geographies structured by electronic coordinates, not contiguous borders. Technologies generate a trans-territorial topology where power operates through nodes, corridors, gateways, and data points rather than planar sovereignty. The emblematic object of this shift is no longer the carraca but the intermodal cargo container, which has reorganized global production and accumulation into a vast, continuously circulating containerscape.
This transition challenges the cartographic ontology that continues to anchor jurisdictional reasoning in International Law. Recognizing this shift reveals how authority, appropriation, and world-making now function through logistical infrastructures that exceed the representational capacities of the inherited “World Map.”
This chapter engages with a Colombian performance action by a group called Cuerpos Gramaticales, or Grammatical Bodies. Members of the collective symbolically sow themselves in public places, planted for six hours with their lower bodies under mounds of dirt and their upper bodies rising as trunks, stems, and leaves from the earth. The action is undertaken to denounce violence, achieve collective catharsis, and (re)align relationships among body, territory, and memory. That is, it is an exercise putting the body at the center of a project to restructure – and to synthesize – ethical, spiritual, ecological, and political grammars that guide sensemaking about violence, life, and death in Colombia. The action was first initiated to denounce a joint state-paramilitary urban massacre two years before Colombia ratified peace accords ending a fifty-three-year armed conflict with its oldest guerrilla army. The chapter discusses actions taken in the early stages of the accords’ implementation, as surviving kin of victims of state-perpetrated crimes against humanity struggled to make state and society acknowledge the significance of their loved ones’ lives and the cruelty of their deaths.
This chapter explores the concepts of territory and jurisdiction in the Greek and Roman worlds, challenging modern assumptions rooted in the state-centric, post-Westphalian model of international law. It argues that ancient understandings of space, sovereignty and legal authority were fluid, overlapping and shaped by networks of cities, trade routes and personal affiliations rather than fixed territorial boundaries. The chapter examines how jurisdiction operated through principles of personality and polity, with legal pluralism prevailing across empires. Roman legal innovations, such as the concept of jus gentium and the universal jurisdiction of emperors, are analysed as early forms of supranational legal authority. The chapter also addresses the limits of jurisdiction, including the treatment of pirates and the emergence of humanistic legal protections. By tracing the evolution of spatial and legal thought from the polis to the Roman Empire and into late Antiquity, the chapter reveals how ancient practices laid conceptual foundations for modern international law while remaining distinct in form and function.
This chapter focuses on the law relating to sovereign territory. The concepts of territory and of territorial sovereignty are examined. The manner in which additional territory may be acquired is analysed. Mechanisms such as boundary treaties and boundary awards are noted, and then the methods of acquisition are discussed. These include an analysis of discovery, accretion, cession, the former use of force and conquest, and the exercise of effective control, including occupation of terra nullius and prescription. The impact of the concepts of the critical date and intertemporal law is noted. Attention then turns to the role of subsequent conduct, such as recognition, acquiescence and estoppel. The principles of territorial integrity and of self-determination in this context are then discussed, together with the doctrine of uti possidetis, both as to the colonial context and more generally. The role of subsequent practice is noted and the importance of sovereign effective control in the circumstances (‘effectivités’). The chapter continues by noting the relevance of leases and servitudes, then turns to international boundary rivers, and then the polar regions. The chapter concludes with a section on the law of outer space.
International Law is the definitive and authoritative text on the subject. It has long been established as a leading authority in the field, offering an unbeatable combination of clarity of expression and academic rigour, ensuring understanding and analysis in an engaging and authoritative style. Explaining the leading rules, practice and caselaw, this treatise retains and develops the detailed referencing which encourages and assists the reader in further study. The 10th edition has been updated to reflect the most recent developments in the field, offering expanded coverage of the law of outer space, the law of the sea, the International Court of Justice, and international humanitarian law. Additional material has also been added to sections on cyber operations and non-state actors. International Law is invaluable for students and for those occupied in private practice, governmental service and international organisations.
In light of progressive criticism of the managerial ‘expert’ logic dominant in the development field, the article analyses how international organizations (IOs) increasingly seek to pluralize their knowledge by adding to their toolkit certain territory-based elements of participatory approaches to data, especially from the Global South. It examines how such attempts to pluralize IOs’ expertise translate in practice, by focusing on the localization processes of the UN 2030 Agenda in six peripheral communities in Rio de Janeiro, Brazil, that is, their development of territory-based targets and indicators for the implementation of the Sustainable Development Goals. The article contrasts these local practices with UN expert agencies’ approaches to data disaggregation. This comparison shows how datafying tools and processes may vary considerably, indicating important epistemological differences in how knowledge gets validated, with impacts regarding visibility and accountability. The territory-based practices analysed defy authorized forms of knowledge by making data not only for monitoring or for action but also for caring and for making live. The article concludes that localization gives the impression that IOs’ knowledge is becoming more plural, yet these changes remain at the surface only, with other knowledges becoming parts of standardized templates and merely complementing official data.
This chapter begins by introducing a number of foundational concepts, which serve as the starting point in the field of public international law. Section 1.1 begins with the notion that states are sovereign equals and must consent to be bound by international law. This section also introduces the critical distinction that international law makes between states and ‘non-state actors’. Section 1.2 discusses the inevitable comparison of public international law with domestic legal systems, and the significant limitations of this analogy as a means for understanding the field of public international law. Section 1.3 introduces the subject of the relationship between international and domestic law. Section 1.4 concludes by explaining this book’s overarching structure as well as the approach of this book to the introduction of public international law.
Chapter 2 tells the story of how ethnicity came to be known in Kenya through territory, providing an overview of the history of ethnic territorial boundary drawing from its inception with the first colonial administration, to today. The principal motivation for the earliest hard boundaries between purportedly homogenous ethnic groups was to free up land for white settlement and capital accumulation. After independence, the administrative boundaries of provinces and districts were deliberately retained, and ethnic patterns of land settlement were engineered. With multi-party elections in the 1990s, these established ‘ethnic territories’ motivated electoral gerrymandering, the most significant postcolonial driver of ethnic territorialisation. All these practices cemented a profound connection between land, boundaries, identity, rights, power, and security. I show how the 2010 constitution worked within this paradigm, too, but in novel ways that moved toward vagueness to manage the inflammatory, grievance-based politics tethered to boundary drawing in Kenya. In doing so, I show how ethnic territorial population concentration today is less certain than commonly imagined.
This essay explores the formation of the Syria-Turkey border by examining the mobility of contraband merchants and couriers. Contraband commerce can be viewed as not only a technique of mobility but a technology of sovereignty. I parse out these linkages from within the semantic domain of kaçak (contraband; literally “fugitive”) repurposed in the hands of contraband merchants, investigative journalists, and state officials. At important historical junctures, contraband commerce between modern Turkey and Syria came to link regimes of value and territorialization, border delineation and land dispossession, and economic informality and political treason. Analyzing the paradoxically uneven distribution of physical mobility and transborder transactions among the inhabitants of the border as a central tenet of territorialization, I suggest conceptualizing the border as a palimpsest of sovereignty. This essay contends that such an approach recuperates the historicity and dynamism of arrested mobilities and their role in the spatial production of borders, and of other contingent forms they give to sovereignty over geography and history.
Scholars and policymakers have argued that territorial revisionism is dangerous because it risks setting off a cascade of claims by states dissatisfied with their borders. This Pandora’s box logic suggests that states that are vulnerable to an unraveling of the status quo have incentives to restrain their territorial ambitions to preserve stability. This paper explores this claim theoretically and empirically. It provides descriptive evidence to determine whether vulnerability to territorial threats has historically been associated with a lower likelihood of initiating territorial disputes. We find some evidence of such an effect in postindependence Africa, where this logic is most frequently invoked, and to some extent in Asia, but not in other regions. To help explain these empirical observations, we develop a multistate model of territorial conflict that identifies the conditions under which cooperation to preserve the territorial status quo can be sustained. The model shows that while an equilibrium of mutual restraint can exist, the necessary conditions are quite restrictive, and this cooperative equilibrium is never unique. Thus while a Pandora’s box of potential claims can provide the basis for a norm of restraint, the emergence of such a norm is neither straightforward nor guaranteed.
The twenty-six grievances in the Declaration of Independence targeted two distinct categories of British policies: reforms and punishments. Parliamentary reforms like taxing the colonies to help pay for the 10,000 troops left in America at the end of the Seven Years’ War in 1763 (mostly as a human wall protecting colonists from Native Americans – and vice versa) angered free colonists, but not sufficiently to make them want out of the British Empire. Free Americans did, however, protest Parliament’s reforms, for example, by tarring and feathering Customs officials who cracked down on molasses smugglers, burning stamped paper, and throwing 340 chests of tea – taxed by Parliament and carried to American ports by the East India Company – into Boston Harbor. To punish the colonists for these protests, Parliament revoked Massachusetts’ charter, sent troops to reoccupy Boston, and more. Ultimately royal officials in the colonies even forged informal alliances with black Americans previously enslaved by George Washington, Thomas Jefferson, and other Founders. It was these British punishments, not Parliament’s original reforms, that pushed free colonists over the edge into independence.
This paper argues that, while the famous “first shot formula” represents the dominant interpretation for the application of common Article 2(1) of the Geneva Conventions, its application in the case of unilateral use of lethal force for the targeted killing of military personnel in the territory of a third state is not compatible with the requirements of humanity and the object and purpose of these treaties. The paper contends such an operation will not ipso facto trigger an international armed conflict between targeting state and the state of the targeted person. By examining the elements that constitute an international armed conflict, the paper proposes a new criterion for determining the beginning of such a conflict in cases of targeted killing of military personnel in the territory of a third state.
In many European countries a regional or meso level of government has emerged, with significant policy responsibilities. It has been suggested that the representation of social and economic interests has not followed, so that policy communities remain state‐wide, giving ‘regions without regionalism’. This study of interest groups in six European states examines their adaptation to devolution, focusing on organisation, cognitive change and relationships. It finds there has been a regionalisation of interest representation, but it is uneven, depending on the strength of regional government, territorial identities and the interests of social actors. Business, trades unions, farmer organisations and environmental groups are all cross‐pressured on the regional question. The region is emerging in some cases as a site of interest intermediation. Territorial policy communities are emerging in some regions, but in most cases these supplement, rather than replace, state‐wide policy communities.
Human rights –– Self-determination –– Whether the right to self-determination raising extraterritorial obligations for States –– Western Sahara –– Admission of Morocco to the African Union –– Whether voting for Morocco’s admission into the African Union violating the obligations of Member States regarding self-determination in Western Sahara
Jurisdiction — Settlement — Whether the African Court on Human and Peoples’ Rights could interpret the Constitutive Act, 2000 — Whether the Constitutive Act was a human rights instrument — Whether the Court could decide a matter relating to African Union Member States’ admission — Temporal jurisdiction exception for continuous rights violations — Domestic remedies exception for serious and massive rights violations — Whether direct link not required for applicants –– Whether African Union Member States distinct from the Assembly of Heads of States and Governments
Territory — Occupation –– Non-intervention — Whether the African Court on Human and Peoples’ Rights having jurisdiction to determine territorial disputes –– Western Sahara
Human rights — Persons with disabilities — Psychosocial disabilities — Enforced disappearance — Arbitrary detention — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Article 4 — Obligation to promote rights and freedoms of all persons with disabilities without discrimination — Article 10 — Right to life — Article 11 — Obligation to ensure protection and safety of persons with disabilities in situations of risk — Article 122 — Equal protection before the law — Article 14 — Liberty and security of persons — Article 15 — Freedom from torture or cruel, inhuman or degrading treatment and punishment — Article 16 — Freedom from exploitation, violence and abuse — Article 25 — Right to health — Whether State of Palestine violation — Convention on the Rights of Persons with Disabilities where non-State actor had captured and arbitrarily detained persons with disabilities — Optional Protocol to the Convention on the Rights of Persons with Disabilities — Communications — Article 2 — Admissibility — Article 2(c) — Matter examined by another procedure of international investigation or settlement — Working Group on Enforced or Involuntary Disappearances — Whether extra-conventional procedures or mechanisms were a procedure of international investigation or settlement — Article 2(e) — Substantiation of claims
Jurisdiction — Territory — Jurisdiction over conduct when State prevented from exercising control over part of its territory — Whether State of Palestine had jurisdiction over conduct that occurred within the Gaza Strip — Convention on the Rights of Persons with Disabilities, 2006 — Optional Protocol Article 1 — Jurisdiction over continuing conduct that commenced prior to the entry into force of Convention
Territory — Human rights — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Optional Protocol Article 1 — Obligations of State Party in circumstances where it was prevented from exercising control over part of its territory
Relationship of international law and municipal law — International agreements — Customary international law — Agreement between the United Kingdom and Morocco — The law of the United Kingdom — Justiciability of decision to enter into international agreements — Dualism — Whether customary international law can be relied upon to challenge legislation — Statutory interpretation — Role of international law in interpreting statute — Role of international law in interpreting statute that mirrors an international agreement — Foreign act of State doctrine
Sources of international law — Customary international law — Jus cogens norms — Whether the right to self-determination a jus cogens norm — Principle of pacta tertiis nec nocent nec prosunt — Whether principle applicable to Non-Self-Governing Territories
Territory — Non-Self-Governing Territory — Western Sahara — Morocco’s presence in Western Sahara — Agreement between the United Kingdom and Morocco — Whether agreement between the United Kingdom and Morocco violated international law
Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969 — Article 31(1) — Interpretation — Ordinary Meaning — Article 31(3)(c) — Role of other relevant rules of international law to the interpretative exercise — Article 53 — Article 71 — Peremptory norms of international law — Impact of peremptory norms of the interpretation of a treaty — Identification of peremptory norms — Whether the right to self-determination a jus cogens norm — The law of England
Volume I offers a broad perspective on urban culture in the ancient European world. It begins with chronological overviews which paint in broad brushstrokes a picture that serves as a frame for the thematic chapters in the rest of the volume. Positioning ancient Europe within its wider context, it touches on Asia and Africa as regions that informed and were later influenced by urban development in Europe, with particular emphasis on the Mediterranean basin. Topics range from formal characteristics (including public space), water provision, waste disposal, urban maintenance, spaces for the dead, and border spaces; to ways of thinking about, visualising, and remembering cities in antiquity; to conflict within and between cities, economics, mobility and globalisation, intersectional urban experiences, slavery, political participation, and religion.
Chapter 4 looks at the strengthening of Indigenous networks in the sertão in the Lower Amazon, especially around the Tapajós and Trombetas rivers. Here missions acted as gateways to the deep multi-ethnic forest networks in Amerindian territories where more slaves and converts could be found, and where people were recruited to work on canoes to collect cacao and the drugs of the hinterlands. In these regions, long standing networks between Indigenous societies had alternated between alliance and peace and war and enslavement. Colonial agents were added as new players in the complex set of relations that linked Belém and the sertão. Sometimes the shift of relations led to the strengthening of Amerindian networks, such as in the south bank areas. The reconfiguring of networks led to the reconstitution of the riverbanks and the creation of the hinterland; each region was different according to local dynamics that spawned singular cultural and social situations.
Amazonia presents the contemporary scholar with myriad challenges. What does it consist of, and what are its limits? In this interdisciplinary book, Mark Harris examines the formation of Brazilian Amazonian societies in the seventeenth and eighteenth centuries, focusing predominantly on the Eastern Amazon, what is today the states of Pará and Amapá in Brazil. His aim is to demonstrate how the region emerged through the activities and movements of Indigenous societies with diverse languages, cultures, individuals of mixed heritage, and impoverished European and African people from various nations. Rarely are these approaches and people examined together, but this comprehensive history insightfully illustrates that the Brazilian Amazon consists of all these communities and their struggles and highlights the ways the Amazon has been defended through partnership and alliance across ethnic identities.