A territorial
dispute is a disagreement over the possession/control of land between
two or more states or over the
possession or control of land by a new state and occupying power after it has
conquered the land from a former state no longer currently recognized by the
new state.
.
Definitions
These disputes are often
related to the possession of natural
resources such as rivers, fertile farmland, mineral or oil resources although
the disputes can also be driven by culture, religion and ethnic nationalism. Territorial disputes
result often from vague and unclear language in a treaty that set up the
original boundary.
Territorial disputes are a
major cause of wars and terrorism as states often try
to assert their sovereignty over a territory
through invasion, and non-state entities try to influence the actions of
politicians through terrorism. International law does not support the use of
force by one state to annex the territory of another state. The UN Charter says: "All
Members shall refrain in their international relations from the threat or use
of force against the territorial integrity or political independence of any
state, or in any other manner inconsistent with the Purposes of the United
Nations."
In some cases, where the
boundary is not demarcated, such as Ladakh plateau, the Taiwan
Strait, and Occupied
Kashmir, both sides define a line
of control that serves as international
border de facto; but in the case of Kashmir, it is a temporary
solution to the ongoing strife. Although these lines are often clearly
demarcated, they do not have the legitimacy of an agreed international
boundary.
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The term border dispute applies
only to the many cases where a limit territory bordering more than one state
(including an enclave in one state such as Negro n is
claimed by two or more, not the very existence of a whole state challenged
(such as the Republic of China, which the People's Republic of China regards as a defunct
and illegitimate entity, with its
current jurisdiction of Taiwan claimed by the PRC as its 23rd
province).
§
Occupied territories in general are
regions distinct from the recognized territory of a sovereign state but which
it controls, especially with military forces. Even though a long-term
occupation is generally maintained as a means to act upon a territorial claim,
this is not a prerequisite as occupation may also be strategic (such as
creating a zone or a preventive move to prevent a rival power
obtaining control) or a means of coercion (such as a punishment, to impose some
internal measures or for use as a bargaining chip).
§
Since 1967, the term "occupied
territories" has, in some contexts, come to refer specifically to
the West Bank and Gaza
Strip, whose status is hotly disputed.
§
The term irredentism applies to those
border disputes and other territorial claims that one party justifies on the
basis of former cultural or ethnic attachment.
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