A Philosophical Inquiry into the Concept of Territorial Sovereignty: A New Analytical Framework of the Territorial Disputes in the China Seas

Authors

• Henan Hu, School of Law, South China University of Technology

Abstract

Existing normative legal efforts that focus on territorial acquisition, appear inadequate in providing a uniform and final answer to the issue of territorial disputes in the South and East China Seas. China's historical claims are a unique and difficult issue therein. This article returns legal attention to the central concept of territorial sovereignty within territorial disputes by engaging in a philosophical inquiry to examine if the concept could be more fully understood and to ask to what extent do historical claims relate to the concept of territorial sovereignty and international law. This article argues that a definite answer to these disputes cannot simply be sought in positive international law, as the scope of the concept of territorial sovereignty goes beyond positivist tradition. Rather, the key issue in the disputes-specifically with regard to the legitimacy of the Chinese claims-is the historical origin of territorial sovereignty in the European background.

Disciplines

Comparative and Foreign Law | Dispute Resolution and Arbitration | International Law | Law

Recommended Citation

Henan Hu, A Philosophical Inquiry into the Concept of Territorial Sovereignty: A New Analytical Framework of the Territorial Disputes in the China Seas, 4 Cardozo Int’l & Compar. L. Rev. 463 (2021).
Available at: https://larc.cardozo.yu.edu/ciclr/vol4/iss2/3