International Borders vs. Internal Boundaries

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Questions and Answers

What is the primary difference between international borders and internal administrative boundaries?

International borders separate states and peoples, while internal boundaries unify and govern a polity.

According to the geographer S. Whittemore Boggs, how are international boundaries characterized?

International boundaries are generally considered negative rather than positive.

What historical basis contributed to the establishment of international boundaries?

International boundaries were historically set up for the physical preservation of the state, using natural features for defense.

What is the modern function of international boundaries regarding state jurisdiction?

<p>Modern boundaries limit the territorial jurisdiction of states over laws and policies affecting persons and property.</p> Signup and view all the answers

How does the notion of jurisdictional separation relate to a state's authority?

<p>Jurisdictional separation implies a state's authority to control movement across its borders.</p> Signup and view all the answers

What role do international borders play concerning transnational movements?

<p>International borders enable states to assert their prerogative over transnational movements.</p> Signup and view all the answers

What might happen if a state chose not to differentiate its policies from those of its neighbor?

<p>If a state did not differentiate its policies, it could lead to a merger and the disappearance of the border.</p> Signup and view all the answers

How does Oppenheim's description of boundaries as 'imaginary lines' differ from their practical implications?

<p>While boundaries may be termed 'imaginary', they have very real implications for state governance and control.</p> Signup and view all the answers

What can lead to the development of distinct identities in zones that straddle internal borders?

<p>Integrative assumptions and purposes associated with internal borders can lead to the development of distinct identities in such zones.</p> Signup and view all the answers

How do internal borders differ from international boundaries in terms of their functioning?

<p>Internal borders often focus on neighborly relations and the flow of people and goods, while international boundaries emphasize sovereignty and control.</p> Signup and view all the answers

What role did the United States and the Soviet Union play in the decolonization process post-1945?

<p>They emerged as superpowers and advocated for decolonization, challenging colonial empires.</p> Signup and view all the answers

Can states prevent the entry of undesirable persons at internal borders?

<p>Yes, states retain the right to prevent entry of various undesirable persons even at internal borders.</p> Signup and view all the answers

Provide an example of a metropolitan area in the United States that showcases a zone with distinct identity due to internal borders.

<p>The New York/New Jersey/Connecticut metropolitan area is an example of such a zone.</p> Signup and view all the answers

What is the significance of the UN Charter's mandate regarding decolonization?

<p>It was deliberately tepid, reflecting the complexities of international attitudes towards colonial rule.</p> Signup and view all the answers

What historical concept influences the understanding of boundaries where one state ends and the other begins?

<p>The classic international law notion of the frontier zone influences this understanding.</p> Signup and view all the answers

How did past decisions in international law affect decolonization efforts?

<p>Accumulated past decisions often lacked clarity and context, hindering effective solutions to contemporary issues.</p> Signup and view all the answers

What was the advisory opinion of the International Court of Justice regarding South Africa's presence in Namibia?

<p>The advisory opinion stated that South Africa's presence was illegal, emphasizing colonial obligations.</p> Signup and view all the answers

What arrangements do states typically conclude concerning international border areas?

<p>States routinely conclude arrangements that address cross-border flows of people and goods.</p> Signup and view all the answers

What challenges did governors face in exercising control over colonies according to the historical context provided?

<p>Governors often struggled with decentralized authority, leading to varying levels of governance across colonies.</p> Signup and view all the answers

Name a multicantonal area in Switzerland that reflects the concept of zones straddling internal borders.

<p>The multicantonal areas around Zurich and Geneva reflect this concept.</p> Signup and view all the answers

What is one reason that the boundary line is considered just one element of an entire regime governing border areas?

<p>The boundary line must account for the legal and practical concerns of good-neighborliness and cross-border interactions.</p> Signup and view all the answers

What does Article 73 of the UN Charter obligate member states to do regarding colonies?

<p>It obligates states to develop self-government for colonies and promote their welfare.</p> Signup and view all the answers

What consequences did boundary alterations in French colonies have on their governance?

<p>Frequent boundary alterations often complicated governance and administrative oversight.</p> Signup and view all the answers

According to Sir Winston Churchill, what was the limitation of governing the British Empire from Downing Street?

<p>It was impractical to govern from afar and required a decentralized approach.</p> Signup and view all the answers

What historical claim does the Russian Federation have over Crimea?

<p>The Russian Federation claims Crimea based on its long historical ties to Russia and seeks a critical date before Khrushchev's 1956 'gift' to the Ukrainian SSR.</p> Signup and view all the answers

How might Canada define the critical date for Quebec's territorial claim?

<p>Canada could argue that the critical date for determining Quebec's borders is not its secession but rather before it was accorded new lands.</p> Signup and view all the answers

What is the functional distinction between internal and international boundaries?

<p>The functional distinction highlights that internal boundaries cannot be simply converted into international boundaries without legal considerations.</p> Signup and view all the answers

What was a significant trend regarding borders during the decolonization processes in the 19th and 20th centuries?

<p>The significant trend was that states actively chose to transform internal boundaries into international ones during decolonization.</p> Signup and view all the answers

What implications does the 'critical date' principle have on international law?

<p>The 'critical date' principle affects legal decisions regarding territorial claims, as events occurring before it can be considered right-creating facts.</p> Signup and view all the answers

How did the International Court of Justice (ICJ) handle discrepancies in critical dates during disputes?

<p>The ICJ has found discrepancies over critical dates to be irrelevant if parties agree on the relevant period, such as the end of colonial rule.</p> Signup and view all the answers

What was a key finding of the 1986 ICJ case regarding critical dates?

<p>The 1986 ICJ case found that disagreements over critical dates were irrelevant because both parties concurred on the pertinent period.</p> Signup and view all the answers

In what context is 'uti possidetis' relevant to the borders of new states?

<p>'Uti possidetis' is relevant as it serves as a customary law principle for determining the inherited borders of new states based on colonial boundaries.</p> Signup and view all the answers

What is the significance of the principle of uti possidetis in territorial disputes?

<p>Uti possidetis serves as a legal principle that maintains pre-existing territorial boundaries upon independence, but it can be modified through bilateral agreements.</p> Signup and view all the answers

How did the rulings in the Beagle Channel case affect the understanding of boundary treaties?

<p>The Beagle Channel case illustrated that prior treaties can supersede unsatisfactory boundary delineations established in earlier agreements.</p> Signup and view all the answers

In the context of international law, what does a compromis allow in terms of territorial disputes?

<p>A compromis allows arbitrators to adjust territorial lines by considering the interests of the parties involved beyond the uti possidetis framework.</p> Signup and view all the answers

What did the UN General Assembly Resolutions concerning Mayotte and the Comoros Islands aim to preserve?

<p>These resolutions aimed to preserve the unity and territorial integrity of the Comoro Archipelago.</p> Signup and view all the answers

What was the role of the King of Spain's arbitral award concerning boundary lines?

<p>The award permitted the commission and arbitrator to grant compensations and modify boundary lines to establish a clearer natural boundary.</p> Signup and view all the answers

What argument did the ICJ present regarding the peremptory norm of uti possidetis?

<p>The ICJ concluded that uti possidetis is not a peremptory norm that can override explicit provisions in a compromis.</p> Signup and view all the answers

How does the concept of post-independence border changes relate to the uti possidetis doctrine?

<p>Post-independence border changes can occur by agreement between states, indicating that uti possidetis does not prohibit such adjustments.</p> Signup and view all the answers

What fundamental issue did the 1986 ICJ ruling in the Frontier Dispute address?

<p>The ruling addressed the conflicts arising from historical territorial claims and the application of the uti possidetis principle.</p> Signup and view all the answers

What does uti possidetis rely on when determining international borders?

<p>Uti possidetis relies on the location of administrative boundaries and requires a clear set of defined borders.</p> Signup and view all the answers

What challenge does the 'photograph' analogy present in the context of uti possidetis?

<p>The 'photograph' analogy highlights the need for clarity regarding what the territorial situation shows and when it was taken.</p> Signup and view all the answers

How has the concept of effectivitis influenced border disputes and arbitrations?

<p>Effectivitis has influenced border disputes by providing evidence of territorial control exercised by colonial authorities and newly independent states.</p> Signup and view all the answers

Why might effectivitis complicate the application of uti possidetis during secessions?

<p>Effectivitis complicates uti possidetis because territorial lines may be blurred by varied governance of administrative units.</p> Signup and view all the answers

In the context of colonial governance, what role did effective jurisdiction play according to the text?

<p>Effective jurisdiction served as a significant factor, sometimes substituting for the line of uti possidetis during arbitrations.</p> Signup and view all the answers

How might local officials contribute to clarity in territorial authority compared to colonial governors?

<p>Local officials are often more aware of their territorial authority's scope compared to the distant governors of colonial provinces.</p> Signup and view all the answers

What does the phrase 'to have their cake and eat it too' suggest about Quebec's secessionist desires?

<p>It suggests that Quebec seeks to secede while retaining land that was integrated into Canada during its establishment.</p> Signup and view all the answers

What evidence did the ICJ use in the Land, Island and Maritime Frontier Dispute case?

<p>The ICJ examined areas under actual control by various Spanish colonial authorities as evidence in the border dispute.</p> Signup and view all the answers

Flashcards

Uti Possidetis

A legal principle that states that upon the independence of new states from a colonial power, the pre-existing territorial boundaries of the colonies should be respected.

Compromis

A legal agreement between two or more parties to resolve a dispute through arbitration.

Modifying Uti Possidetis

A legal principle that allows for the modification of existing boundaries if it is deemed necessary and just to do so.

Considering Interests Beyond Uti Possidetis

The practice of taking into account the interests of both parties involved in a dispute, rather than solely relying on the principle of uti possidetis.

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Arbitral Award

A legal document outlining the terms and conditions of an arbitration process.

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Peremptory Norm

The principle that international legal norms cannot be overridden by agreements between states.

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Post-Independence Border Changes by Agreement

When two or more parties voluntarily agree to change their borders after independence.

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International Court of Justice (ICJ)

An international body established to settle disputes between states.

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International borders

Lines drawn to separate states and peoples, establishing distinct jurisdictions and restricting movement across them. International borders are primarily used to separate nations and enforce sovereign rights.

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Internal administrative boundaries

Lines drawn within a state to divide administrative regions, facilitating governance and control. Internal borders are used to streamline administration and governance within a single country.

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Jurisdictional separation

The main function of international borders is to limit the territorial jurisdiction of states. It's about defining the boundaries of a state's authority to apply laws and policies.

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International borders as negative

International borders are often seen as negative or restrictive, as they limit freedom of movement and interaction between different nations. They serve as deterrents to cross-border activities and maintain state sovereignty.

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State control over borders

States have the right to regulate movement across their borders, setting policies for immigration, customs, trade, and other aspects affecting people, goods, and services. These controls help enforce state sovereignty and protect interests.

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Tangible reality of borders

Despite the symbolic nature of lines on a map, international borders are a tangible reality, constantly affecting daily life. They influence trade, travel, and political interactions between nations.

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Importance of international borders

International borders are important for managing relations between states, upholding sovereignty, and ensuring orderly interactions between nations. They provide a framework for international law and cooperation.

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Facilitating border movements

States may choose to create agreements to facilitate travel and trade across their borders. These arrangements often involve reducing barriers and promoting cooperation.

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Critical Date

The moment in time used to determine the territorial boundaries of a new state.

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Uti Possidetis in Breakup

The application of the Uti Possidetis principle to determine the borders of new states created through the breakup of a former colonial power.

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ICJ Role in Border Disputes

The International Court of Justice (ICJ) is an international body established to settle disputes between states.

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Border Zones

The concept that border lines aren't just lines, but rather represent a broader area with different social, cultural, or economic characteristics.

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Frontier Zone

The idea that borders are more than just lines, and involve cooperative arrangements between states.

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Post-Independence Border Changes

States can decide to alter boundaries after independence through mutual agreement.

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State Control of Entry

The power of states to restrict the entry of undesirable persons, even within a shared space.

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Effectivitks

The practice of taking into account the actual effective control exercised over territory by colonial authorities or new states, which can influence the application of uti possidetis.

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Photographic Moment

The concept that boundaries should be derived from a clear 'snapshot' of the territorial situation, like a photograph, at a specific point in time.

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Internal vs. Colonial Boundaries

The idea that the borders between administrative units within a state are often clearer than those between colonial provinces, making uti possidetis easier to apply in some cases.

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Having Your Cake and Eating It Too

The argument that secessionists seeking to create a new state from an existing state may be attempting to gain both independence and benefit from existing territories assigned to them within the previous state.

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Spatial and Temporal Ambiguity

The challenges in applying uti possidetis due to lack of clarity about the precise spatial location and timing of the 'photographic moment' that defines the borders.

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ICJ and Effectivitks

The ICJ's use of effectivitks in determining disputed territories, giving weight to actual control exercised by colonial powers and new states.

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Photographic Moment

The World Court's perspective on uti possidetis, emphasizing the importance of a clear 'photographic moment' representing the pre-existing borders.

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UN Decolonization Mandate

The UN Charter's mandate for decolonization was weak and vague, but superpowers like the US and USSR emerged without colonial empires.

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Changing Context in Law

When legal precedents (past decisions) no longer apply because the context has changed.

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Normative Expectations in Law

Identifying and analyzing the historical factors that influenced the creation of a legal principle.

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Post-Independence Boundary Changes

States changing borders after independence through mutual agreement, going beyond the initial uti possidetis boundaries.

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Colonial Office Supervision

The ability of colonial offices to supervise governors, even if they weren't directly governing the colonies.

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Boundary Alterations in French Colonies

The frequency of changing boundaries between French colonies in Africa.

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Categorizing Territories and Nations

The process of categorizing territories and nations based on their legal status and relationship to a colonizer.

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Study Notes

Drawing a Better Line: Uti Possidetis and the Borders of New States

  • Uti Possidetis is a principle that states emerging from decolonization inherit the colonial administrative borders at the time of independence.
  • This principle largely governed the determination of borders in Latin America (early 1800s) and former European Africa and Southeast Asia (1950s).
  • It was seen as a way to reduce conflicts regarding borders after decolonization.
  • Some argue that using uti possidetis as a rule for state breakups today ignores contemporary issues of self-determination and human rights.
  • It also suggests that this principle is becoming increasingly less suitable to handle contemporary state breakups.
  • In decolonization, the lack of clear boundaries often led to use of uti possidetis to establish new international borders.
  • The principle reduces potential armed conflicts by providing clear outcomes in situations after decolonization.
  • Applying uti possidetis in modern breakups can lead to injustice and instability through the ignoring of adjustments to the borders needed for self-determination
  • The principle is a default approach for determining boundaries, but is not a rigid rule.
  • There are arguments for alternative methods when dealing with break-ups, like negotiated settlements or plebiscites that can incorporate the needs of those affected by border changes.

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