Territorial dispute

“ Calls on the parties to refrain from unilateral troop or population movements, including establishment of any new settlements in areas near the border, until demarcation and orderly transfer of territorial control has been accomplished, in accordance with article 4.16 of the Comprehensive Peace Agreement ”

“ In the race for territorial expansion in the West, in the evolution of the theories of centralized government, and in the conception of the rights of the individual, these rivalries became so intense as to find a solution only in the grim realities of civil strife. ”

“ In time of peace, the territorial Power is bound by modern usage to allow "innocent passage," under reasonable conditions as to tolls and the like, not only to the merchant vessels, but also, probably, to the ships of war, of all nations. In time of war, the territorial Power, if belligerent, may of course carry on, and is exposed to, hostilities in the strait as elsewhere, and the entrances to the strait are liable to a blockade. ”

“ They will warn rulers that henceforth the acquisition of fresh territory by force of arms will only bring embarrassments and civil war, instead of that increased strength which in ancient times, when people were passed, like flocks of sheep, from one king to another, always accompanied the incorporation of new territorial conquests. ”

“ It was open to extremists to argue that the whole seceded area might logically, as conquered lands, be reduced to a territorial condition, to be recarved into States at such times and upon such conditions as should seem proper. ”

“ When it has gained territory in this fashion, it should subject the population of the conquered territory to the strictest laws of military service, and so supply itself with an instrument for new and bolder aggression. ”

“ Unless a territory is stateless or uninhabited, any such expansion involves an inherent conflict of interest between one set of State rulers and another. Only one set of rulers can obtain a monopoly of coercion over any given territorial area at any one time: complete power over a territory by State X can only be obtained by the expulsion of State Y. War, while risky, will be an ever-present tendency of States, punctuated by periods of peace and by shifting alliances and coalitions between States. ”

“ There is no rule of international law prescribing any single manner for the transfer or or cession of territory. Since territorial questions are often a threat to peaceful international relations, methods which result in an unequivocal settlement recognized by the nations of the world are desirable. ”

“ One of the earliest principles to receive the sanction of theory and practice was that of the inviolability of territorial jurisdiction of neutrals. This principle has been liberally interpreted in recent times, and the tendency has been to make increasingly severe the penalties for its violation.
(a) The troops of a belligerent may not engage in hostilities in the land of a neutral. ”

“ Neutral territory, being outside the region of war, [651] offers an asylum to members of belligerent forces, to the subjects of the belligerents and their property, and to war material of the belligerents. Since, according to the present rules of International Law, the duty of either belligerent to treat neutrals according to their impartiality must—the case of extreme necessity for self-preservation excepted—prevent them from violating the territorial supremacy of neutrals, enemy persons as well as enemy goods are perfectly safe on neutral territory. ”

“ Since the territorial area of the earth is divided among different States, inter-State relations must occupy much of a State’s time and energy. The natural tendency of a State is to expand its power, and externally such expansion takes place by conquest of a territorial area. ”

“ The natural law of the territorial growth of states and peoples means an extension of the areas in which peace and coöperation are preserved, a relative reduction of frontiers and of the military forces necessary to defend them,316 diminution in the sum total of conflicts, and a wider removal of the border battle fields. ”

“ The same insular position which, by rendering territorial incorporation impossible, utterly precludes the desire of conquest under the most seductive shape it can assume, enables her to rely, for her defence against foreign foes, chiefly upon a species of armed force from which her own liberties have nothing to fear. ”

“ Not only the number of possible war-making states but also the territorial area over which war can be made has been reduced in recent times by the creation of neutralized states such as Switzerland, Belgium, Luxemburg and Norway, and areas such as the Congo basin, the American lakes and the Suez Canal.
The “balance of power,” which has played in the history of modern Europe such an important part, is inherent in the notion of the independence and stability of states. ”

“ If the principle of this decision be applicable as between different portions of one and the same empire, with how much more force does it apply as between nations or Governments entirely separate, and absolutely independent of each other? For in this precise attitude the States of this Union stand with reference to this subject, and with reference to the tenure of every description of property vested under their laws and held within their territorial jurisdiction. ”

“ In the latter case it is obvious that the power which claims the way depends entirely on the promise of the territorial power for the exercise of that advantage. "In such a case," he concludes, "it may well be that the performance of its promise by the territorial power becomes unlawful, on the outbreak of war between the promiser and a third party." ”

“ These instances go to show that the question of territorial extension is a question of expediency, and that it depends upon the occasion and upon the circumstances of the nation itself whether it is wise to extend territorial jurisdiction and responsibilities or not. In any case, those states only are prepared for colonization and foreign responsibilities whose internal cohesion is intense; for every extension of territory brings with it a strain upon the internal organism. ”

“ In a nation, people and soil are organically united into one, and area and population are the measure of this union. A state cannot exchange or alter its area without suffering a complete transformation itself. What wonder, then, that wars between nations are struggles for territory? Even in war the object is to limit the opponent’s sphere of action; how much more does the whole history of nations consist in a winning and losing of territory. ”

“ The territorial claims of the various nations cannot be permanently settled at the Peace Congress, for history knows no permanent settlements. The settlement made may come up for revision. Unsatisfactory settlements often lead to war. Therefore the representatives of the Powers should avoid not only injustice, but even the appearance of injustice and of unfairness. ”

“ Where a violation of neutral territory has taken place from ignorance of the boundary and not from evil intent, the neutral State shall immediately claim redress, compensation, and the adoption of measures necessary to prevent a similar mistake in future. ”

“ The Border States in our Civil War were the deadliest battle-grounds, not only the meeting-places of the contending armies but also the scene of innumerable local feuds and conflicts between the inhabitants, half of whom inclined to one side and half to the other. ”

“ Restrictions upon Territorial Jurisdiction.
§ 144. As all persons and things within the territory of a State fall under its territorial supremacy, every State has jurisdiction over them. The Law of Nations, however, gives a right to every State to claim so-called exterritoriality and therefore exemption from local jurisdiction chiefly for its head, [231] its diplomatic envoys, [232] its men-of-war, [233] and its armed forces [234] abroad. ”

“ Those treaties grouped people together without any regard to their territorial relations, natural affinities, traditions, or interests, without the slightest reference to the welfare of the different populations, and with sole reference to the interests of sovereigns, and the need felt of restricting or guarding against the power of France. ”

“ The conflict of these two elements, the mark [123] organization and the territorial lordship, constitutes the marrow of the social history of the Middle Ages.
In the earliest times the pressure of the overlord, whoever he might be, seems to have been comparatively slight, but its inevitable tendency was for the territorial power to extend itself at the expense of the rural community. It was thus that in the tenth and eleventh centuries the feudal oppression had become thoroughly settled, and had reached its greatest intensity all over Europe. ”

“ Territory is considered as occupied when it is actually under the authority of the hostile army. The authority having passed into the hands of the occupant, the latter takes all possible steps to re-establish public order and safety. Compulsion of the population of occupied territory to Occupation of hostile territory. take part in military operations against their own country, or even give information respecting the army of the other belligerent and pressure to take the oath to the hostile power are prohibited. ”

“ But after negotiations shall have failed; after a powerful, ambitious nation shall have taken possession of the key of their Western country and fortified it; after the garrisons are filled by the veterans who have conquered the East: will you have it in your power to waken the generous spirit of the West and dispossess them? ”

“ It remains for you to consider the consequences of adopting hostile measures. A bad name to the colony, a stop to emigration, and a depreciated property, are but minor evils. An exterminating war, the flames of which, spreading with increasing fury among the surrounding tribes as the settlement extends itself, must be the consequence. An exterminating war over a continent as large as Europe, and abounding with tribes unknown and innumerable! ”

“ We have refused to abandon the hope of a settlement of the frontier dispute through the agency of the delimitation commission, and we have in various ways stretched conciliation to the utmost, merely requiring that no further advance shall be made into the debateable land by the pickets or patrols on either side, pending negotiation. ”

“ No territory should be transferred from one nation to another against the will of the inhabitants, nor should any readjustments be made which might breed fresh wars. National boundaries should coincide as far as possible with national sentiment. No terms of settlement should be regarded as satisfactory if they impose upon any nation such harsh and humiliating terms of peace as would be inconsistent with its independence, self-respect, or well-being. ”

“ In Europe and Asia frontiers are usually strongly fortified and strictly watched in times of peace as well as during war. In South America strictly defined boundaries are still the exception, and the claims of neighbouring nations have very frequently given rise to war, though now more commonly to arbitration. [53]
The modes of government amongst civilized peoples have little influence on political geography; some republics are as arbitrary and exacting in their frontier regulations as some absolute monarchies. ”

“ The neighborhood of Spanish and British territories, bordering on some States, and not on others, naturally confines the causes of quarrel more immediately to the borderers. The bordering States, if any, will be those who, under the impulse of sudden irritation, and a quick sense of apparent interest or injury, will be most likely, by direct violence, to excite war with these nations; and nothing can so effectually obviate that danger as a national Government, whose wisdom and prudence will not be diminished by the passions which actuate the parties immediately interested. ”

“ Thus a dispute about the possession of a narrow territory, inhabited only by wretched Indians, and distant six thousand navigable leagues from Europe, threatened to produce the most disastrous consequences to the whole world, the invariable result, when the ambition or [Pg 205] vanity of nations intervenes, and prudence and moderation are wanting in contesting rights of property. ”

“ The policy of the enemy at the north, during the whole season, was to divide their own forces into small detachments, and harass the border settlements at as many different points as possible—thus distracting the attention of the people, and by allowing them neither a sense of security nor repose, rendering them disgusted with the protracted struggle. ”

“ In order that a state may be relatively secure from foreign attack, it must possess a certain considerable area, population, and military efficiency. The fundamental weakness of the commune or city state has always been its inability to protect itself from the aggressions of larger or more warlike neighbors, and its correlative inability to settle its own domestic differences without foreign interference. ”

“ A group of belligerents representing only 5,921,000 square kilometres of territory and 150,199,000 inhabitants, or, say, 4 per cent. of dry land and 9·1 per cent. of human beings, would not have held its own for twenty-one months against a group disposing of 68,031,000 square kilometres of territory and a population of 770,060,000, or 46 per cent. of the land on the globe and 47 per cent. of the human race. [311] Providence has bestowed upon the Allies the wherewithal to attain their legitimate ends. The Allies’ leaders are frittering them away. ”

“ It is inevitable that a settlement made in a conference of belligerents alone will be shortsighted, harsh, limited by merely incidental necessities, and obsessed by the idea of hostilities and rivalries continuing perennially; it will be a trading of advantages for subsequent attacks. It will be a settlement altogether different in effect as well as in spirit from a world settlement made primarily to establish a new phase in the history of mankind. ”