Introduction to the Research Handbook on Territorial Disputes in International Law

The Place of Non-Aggravation in the Peaceful Settlement of Territorial and Maritime Disputes

“…Consequently, the way states conduct themselves in the terrestrial domain and associated duties of non-aggravation pending the resolution of the territorial dispute will have to be assessed against fundamental principles of international law. These fundamental principles include, notably, the principle of territorial integrity, the principle of inviolability of boundaries, and the obligation to pursue the peaceful settlement of international disputes (Kohen and Hébié, 2018;Milano, 2004;Milano and Papanicolopulu, 2011).…”

“…Therefore, even when State A denies the existence of territorial dispute with State B but at the same time both states lodge explicit official statements on the validity of their respective sovereignty claims and such claims are positively opposed to each other (i.e., competing claims of sovereignty over the same territory and/or surrounding ocean space often accompanied by formal protests hinting at each other's internationally wrongful acts) it would be difficult to deny that a proper dispute does in fact exist. The critical point for the crystallisation of the dispute is when one side asserts its sovereignty and associated sovereign rights and the other side protests for the first time, or when the first protest by one state is rejected by the other (Kohen and Hébié, 2018). On the other hand, statements of a 'general nature', 'general criticism[s]', or statements 'formulated in hortatory terms' without advancing a specific allegation (i.e., without specifying whose state's conduct gave rise to an alleged breach of international law) do not in themselves give rise to the existence of a dispute (Yiallourides et al, 2018).…”

“…No bodily injury or damage to property has occurred through the military deployment. The sovereignty rights of the other states are not displaced or forfeited, despite the first state's military action and the mere passing of time will not change the legal situation (Kohen and Hébié, 2018). On the ground, however, the sovereign rights of the other states cannot be pursued in any meaningful way, without projecting some form of force, thus without risking escalation and conflict (Mikanagi, 2018).…”

“…International law requires the peaceful settlement of disputes but does not provide any compulsory means for reaching such settlement (Kohen and Hébié, 2018). Dispute resolution, within and outside the United Nations (UN), operates only upon the consent of the states concerned (Northedge and Donelan, 1971).…”