The Territory Paradox: the Basis of Statehood and International Norms as an Obstacle to the Protection of International Community Interests

Abstract

Some say that we live in a post-national world, in which affiliations are not solely or even primarily based on identities founded on nationality but rather on ideological, religious, and even economic considerations, sometimes related to transnational actors such as religious groups or multinational structures.1 Furthermore, the global social landscape challenges States in different ways. Among other things, States face challenges of actors as varied as transnational corporations, drug cartels, or terrorist and rebel groups, many of which have something that States do not: territorial and political flexibility. Indeed, many non-state actors focus on narrower issues while States have a myriad of responsibilities, and are also freer to pursue their aims across borders, ignoring territorial constraints, while States and their power are still largely determined by the territories they exert jurisdiction over.2 To this, it must be added that non-state actors sometimes have considerable power that rivals even the power of some States. We can think, among others, of some transnational corporations and multinational groups whose economic resources surpass those of developing countries, or armed and criminal groups that are able to fight against States, sometimes even controlling part of their territories.