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A Historical Review on the Territory, Frontier and Territorial Sovereignty

  • DONG-A LAW REVIEW
  • 2018, (81), pp.87-116
  • DOI : 10.31839/DALR.2018.11.81.87
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : September 30, 2018
  • Accepted : November 19, 2018
  • Published : November 30, 2018

Kim Sung Won 1

1원광대학교

Accredited

ABSTRACT

As a geographical space where sovereignty of state is substantially performed, territory has the huge implication for the state-centered international relations. Major territorial disputes concerning the demarcation of boundaries between states reflect the importance of territory in international relations. Today, territorial borders between states are clearly drawn in the linear form. Territorial borders play a pivotal role in determining the scope of jurisdictions of states. Considering the history of international law is closely intertwined with the emergence of the state system, the impact of the state system upon the border and frontier has the significant implication. As noted earlier, territorial borders which are drawn in the linear form go hand in hand with the development of the state system. In this context, a critical question might be raised with regard to territorial borders between states. What do territorial borders look like before the emergence of the state system? A thorough exploration of territorial borders that existed before the state system brings fresh air into the thought on the settlement of territorial disputes. Put it differently, the examination of the history of territorial borders raises a critical question to the argument based on ancient maps, which are comprehensively used for territorial disputes. For example, if boundary lines between states contained in ancient maps do not reflect today's territorial borders between states, the evidential power of ancient maps turns out to be very limited. The clear demarcation of territorial borders of states begins with the emergence of the state system. In fact, prior to the pre-state system, such as the feudal system, the concept of territorial borders or frontiers was not solid one. Due to the multiple, overlapping and complex structure of jurisdiction during the feudal system, the map made in that period does not make a huge contribution to fortifying the argument that certain part of territory always belonged to certain state. In this sense, a research about the borders, frontiers and territorial borders in times of medieval ages help the understanding the relationship between states and border, frontier and territorial border. Moreover, a research on the different types of border, frontier and territorial border takes side with the critique towards the exclusive approach to territory that does not reflect the realities at the age of globalization. Taking a flexible approach to the concept of territory, it makes a great contribution to comprehensive understanding the de-territorial movement which is strongly pushed by the advent of globalization.

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