State Territory and International Law: 1st Edition (Hardback) book cover

State Territory and International Law

1st Edition

By Josephat Ezenwajiaku

Routledge

248 pages

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Hardback: 9780367353988
pub: 2020-06-12
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Description

This book proposes a re-interpretation of Article 2(4) of the Charter of the United Nations to read, or at least include, respect for the inviolability of State Territory.

While States purport to obey the prohibition of the Use of Force, they frequently engage in activities that could undermine international peace and security. In this book the author argues that State practice, opinio juris, as well as contentious and advisory opinions of the International Court of Justice, have promoted the first limb of Article 2(4). Although, wars between States have reduced, the maintenance of international peace and security remains a mirage, as shown by the increase in intra-State and inter-State conflicts across the world. The author seeks to initiate a rethinking of the provision of Article 2(4), which the International Court of Justice has described as the cornerstone of the United Nations. The author argues that the time is ripe for States to embrace an evolutive interpretation of Article 2(4) to mean respect, as opposed to the traditional view of threatening or using of force. He also evaluates the discourse regarding territorial jurisdiction in cyberspace and argues that the efforts made by the international community to apply Article 2(4) to cyberspace suggests that Article 2(4) is a flexible and living instrument that should be adjusted to address the circumstances that endanger international peace and security.

This book will engineer a serious debate regarding the scope of Article 2(4), which before now has always been limited to the threat or use of force. As a result, it will be of interest to academics and students of public international law, as well as diplomats and policymakers.

Table of Contents

Table of cases

Abbreviations

Foreword

Acknowledgment

Chapter One

General Introduction

Chapter Two

Setting Out the Theoretical Framework

Chapter Three

Inviolability of State Territory and Article 2(4) of the UN Charter

Chapter Four

Expanding the Frontiers of Article 2(4) to Cyberspace

Chapter Five

Breaches of State Territory

Chapter Six

Non-State Actors, Article 2(4) and the Sanctity of State Territory

 

Chapter Seven

Attempt to Formulate a theory of Respect for the Inviolability of State Territory

Bibliography

Index

About the Author

Fr Dr Josephat Ezenwajiaku, a Catholic priest of the Congregation of Fathers of Jesus the Saviour, completed his PhD at Brunel University, London. He also holds Iuris canonici Licentiatus from the Katholieke Universiteit Leuven, Belgium. He was Director of Works for four years at Madonna University, Okija Nigeria. He has also held the position of the director of Pilgrim Newspapers, a subsidiary organ of a Publishing Company (Our Saviour Press, Nigeria) and now Madonna University Press, Nigeria, for two years.

About the Series

Routledge Research in International Law

The series offers a space for new and emerging scholars of international law to publish original arguments, as well as presenting alternative perspectives from more established names in international legal research.  Works cover both the theory and practice of international law, presenting innovative analyses of the nature and state of international law itself as well as more specific studies within particular disciplines. The series will explore topics such as the changes to the international legal order, the processes of law-making and law-enforcement, as well as the range of actors in public international law. The books will take a variety of different methodological approaches to the subject including interdisciplinary, critical legal studies, feminist, and Third World approaches, as well as the sociology of international law. Looking at the past, present and future of international law the series reflects the current vitality and diversity of international legal scholarship.

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Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW051000
LAW / International
LAW075000
LAW / Public
POL011000
POLITICAL SCIENCE / International Relations / General
POL011010
POLITICAL SCIENCE / International Relations / Diplomacy
POL012000
POLITICAL SCIENCE / Political Freedom & Security / International Security