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The Paradoxical Protection of State's Territorial Integrity by the United Nations : Law versus Power ?

par Lagerwall, Anne
Référence Territories : Placing Law(juin 2008: Montréal), Territories : Placing Law, Canadian Law and Society Association
Publication Publié, 2008

Abstract de conférence

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Résumé :

The concept of territory lies at the very heart of international law. It is a component of statehood, it defines the geographical area where States exercice their sovereign power and it indicates the place where international law will ultimately be applied or broken. The territory of States is protected by the United Nations Charter which prohibits the use of force against States' territorial integrity. International practice suggests however that this protection is rather erratic. Frequently, the use of military force against a specific territory has led to situations which the United Nations have accepted without taking their original unlawfulness into account. In 1974, United Nations welcomed Bangladesh as a member without being too concerned about the possible illegality of India's military action which undoubtedly helped creating the new State. More recently, despite the fact that the 2003 operation led by the United States in Iraq was recognised by a great majority of States as contrary to international law, the subsequent occupation of the Iraqi territory was endorsed by the Security Council. The questions this paper offers to answer are the following : Is it theoretically conceivable that the United Nations Charter may be used to endorse a situation deriving from a military action against a State's territorial integrity ? May the United Nations Charter be used to grant rights to States in regard to a territory these States have previously attacked ?