Territory in International Law

Abstract

The international community is formed first and foremost by states, which were defined by Vattel as “political bodies, societies of men who have united together and combined their forces in order to procure their mutual welfare and security”. The element missing from this definition relates to the need for a territorial basis for such political bodies. This necessity, however, is self-evident. As Oppenheim has noted, “a State without a territory is not possible”. This does not mean that territoriality is a criterion of personality in international law, but statehood is inconceivable in the absence of a reasonably defined geographical base. The frontiers of such an entity need not be established beyond dispute, nor is there any prescribed minimum of territory for the existance of a state, but some piece of land is essential before one can accept the establishment and continuation of a state.

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