Legal Requirements for the Legitimacy of Territorial Annexation from the Perspective of International Law

Document Type : Research Paper

Authors

1 Associate Professor of Department of International Law, Faculty of Law, University of Qom, Qom, Iran

2 Ph.D. student in Public International Law, Faculty of Law, University of Qom, Qom, Iran

10.22099/jls.2024.50741.5185

Abstract

Introduction: Territorial expansion through annexation has historically been a key aspiration and desire of statesmen and political officials in countries. In the past, territorial annexation was one of the consequences of state conquests and victories, and gradually, during the United Nations era, it has been addressed as one of the forms of exercising the right to self-determination. Therefore, the evolution of the concept of territorial annexation, from conquests and state-building to its recognition as one of the expressions of the right to self-determination in General Assembly Resolution 1541, clearly demonstrates the historical trajectory of this concept. Hence, annexation can be examined in two dimensions: Forcible annexation, which results from war and conquest and is currently illegal in the modern system of international law due to the prohibition of war and the prohibition of aggression, nd is not a source of legal effect; and the legal annexation of territory, which can be achieved through the will and consent of nations and states and is a source of legal effect. What is addressed in this research is: What requirements exist for the legal annexation of territory? In other words, what criteria exist for the legal annexation of territory? Since the main actors in territorial annexation are the two elements of the people and the state, the issue must be sought within these two main elements. In addition to these two elements, the element of recognition must not be overlooked. The hypothesis or theoretical framework of this discussion will be that any territorial annexation resulting from the use of force is prohibited, illegal, and devoid of any source of effect, and on the other hand, that form of territorial annexation which is based on the will and consent of the people and the state and adheres to the rules of human rights and international law is legal and legitimate and creates effects
Methods: The main question of this research is the legal requirements for the annexation of territory to a foreign state. In other words, what criteria or requirements must be observed for that annexation to have a legal form? Using a descriptive-analytical method, the authors have reached the following conclusions.
Findings: Through a legal and logical interpretation of the texts, following a positivist approach in the discussion of respecting the right of nations to self-determination, the findings can be stated as follows: Annexation of territory as a result of exercising the right to self-determination in cases where the rules of international law have been observed is an acceptable matter and there is little doubt about it. However, the issue must be examined separately in each case. On the other hand, in situations that are not in accordance with the will of the nations and do not comply with international standards, a nullification approach will be responsible. Finally, the reaction of the international community within the framework of recognition will also be very decisive in this regard.
Results: The results of this research are crystallized in examining the role of each of the elements of the people, the state, and recognition. If consent exists from both the state and the people of that territory, there is little doubt about the validity of the annexation. However, if annexation occurs with the consent of the annexing state and without the explicit consent of the people, the annexation may be legitimate if a democratic mechanism exists in the country. Suppose annexation occurs with the consent of the people and without the consent of the state. In that case, it can be said that in situations of colonialism, occupation, and trusteeship, and in cases of non-self-governing territories and racist regimes, permission for annexation is conceivable. However, regarding states that systematically violate human rights, the answer depends on whether annexation is considered an institution independent of secession or connected to secession. If secession is assumed to be an indispensable prerequisite for annexation, the conditions for the legitimacy of secession, including remedial secession, are necessary. Where there is a fundamental violation of human rights concerning a minority residing in a country, in the view of proponents of the remedial secession theory, the possibility of proposing remedial annexation can exist; of course, this theory will be defensible only if we believe that annexation is a process relative to secession. In discussing the role of recognition in the validity or unacceptability of the status of territorial annexation, it must also be said that the issue cannot be examined solely within the framework of the classical theories of recognition, namely the constitutive and declaratory theories. Rather, in such a situation, the issue must be examined within the framework of recognition of the situation.

Keywords

Main Subjects

References

Abdollahi, M., Behzadi K. (2017). Impediments to Peremptory Status of Prohibition on Use of Force, International Law Review, 37(63), 171-198. ]In Persian[. DoI: 10.22066/cilamag.2020.114134.1786
Aboulenein, A. (2017). Egypt's Sisi ratifies deal ceding Red Sea islands to Saudi Arabia. Available at: https://www.reuters.com/article/us-egypt-saudi-islands/egypts-sisi-ratifies-deal-ceding-red-sea-islands-to-saudi-arabia-idUSKBN19F0KE?il=0
Andreeva, E. (2010). Russia and Iran in the great game: travelogues and orientalism. Routledge Press. 
Swietochowski, T. (1995). Russia and Azerbaijan: A Borderland in Transition. Columbia University Press
Azizi, S. (2008), The Independence of Kosovo: The Legality of Unilateral Secession in International Law, International Law Review, 25(38), 11-45. {In Persian}. DoI: 10.22066/cilamag.2016.17396. ]In Persian[
Azizi, S. (2009). Contradictory Approaches to the Right of Self Determination: Examining the Written Statements of States in Kosovo Case (Request for advisory opinion, Journal of Legal Research, 8(16), 133-159. ]In Persian[
Blondeau, A., Buffetrille, K. (2008). Authenticating Tibet: Answers to China's 100 Questions. University of California Press.
Wangchuk T. (2009). One Hundred Thousand Moons: An Advanced Political History of Tibet. BRILL. 23
Case concerning the Northern Cameroon (Cameroon v. United Kingdom), Preliminary Objections, Judgment of 2 December 1963, ICJ Reports 1963
Cassese, A. (1995). Self Determination of Peoples, A Legal Reappraisal, Cambridge University Press
Convention on the Elimination of All Forms of Racial Discrimination 1965.
Covenant on Civil and Political Rights 1966
Covenant on Economic, Social, and Cultural Rights 1966
Crawford, J. (1997). state practice and international law in Relations to Unilateral Secession’, Department of Justice Canada Press
Danaei, M. (1999-2000). Legitimacy of Governments and International Humanitarian Interventions, M.A thesis, Tehran. Allameh Tabatabaei University. ]In Persian[
Declaration on the Strengthening of International Security. (UNGA Res 2734 [XXV])
Duncan, J. (2012). Following A Sigmoid Progression: Some Jurisprudential and Pragmatic Considerations Regarding Territorial Acquisition Among Nation-States, Boston College International and Comparative Law Review, 35, 1-1.
  Friendly Relations Declaration (1970). A/RES/2625(XXV)
  Friendly Relations Declaration (1970). A/RES/2625(XXV)
 GA/RES/637(VII) A, also see: A/RES/1514(XV), 14 December 1960
 General Assembly Resolution 47/230 of 28 May 1993.
  Helsinki Final Act (1975)
 Hofmann, R. (2013). Annexation, Max Planck Encyclopedia of Public International Law
Human Rights Committee, General Comment No. 12: The right to self? Determination of peoples (Art. 1). adopted 13 March 1984, UN Doc. A/39/40, Annex VI (1984)
Arnold, J. (1951). A Study of History 51–128. 2(5).
International Status of South-West Africa (Advisory Opinion) [1950] ICJ Rep 128.
 Maxcy, J. (1927). The Story of Law 22
 Jafari, shaho (2025), Annexation of Territory in perspective of international law, Ph. D thesis, university of Qom] In Persian [
Kacowicz, M. (1996). The Process of Reaching Peaceful Territorial Change: The Arab-Israeli Conflict in Comparative Perspective, The Journal of Interdisciplinary History, 27(2) which also available at: https://www.jstor.org/stable/205155. https://doi.org/10.2307/205155
Korman, S. (1996). The Right of Conquest: The Acquisition of Territory by Force in International Law and Practice. Clarendon Press.
Koskenniemi M. (1994). National Self-determination today: Problems of legal Theory and Practice, International and Comparative Law Quarterly’,
 Lauterpacht. (1994). Recognition of States in International Law, The Yale Law Journal, Reprint in 2012
 Legal Status of Eastern Greenland (Den. v. Nor.). 1933 P.C.I.J. (ser. A/B) No. 53, at 22 (Apr. 5).
Lumen Candela, History of Western Civilization II, Territorial Changes in Europe, Ch. 24 Post-Napoleonic Europe, available at: https://courses.lumenlearning.com/suny-hccc worldhistory2/chapter/territorial-changes-in-europe/
Lindley M.F. (1926). The Acquisition and Government of Backward Territory in International Law 19
Lauri, M. (2019). The Annexation of Crimea and Balance of Power in International Law, The European Journal of International Law, 3(1), 303-319.  Published by Oxford University Press on behalf of EJIL)
Miller, D. (2019). The Kosovan Precedent for the Annexation of Crimea, E-International Relations, At: https://www.e-ir.info/2019/03/18/the-kosovan-precedent-for-the-annexation-of-crimea/
Mousai, Al, Yazdani, E. (2021). The Role of Incorporeal Factors in the Annexation of the Crimea Peninsula to the Russian Federation, The Journal of Political and International Approaches, 12(4), 153-180. DoI: 10.29252/piaj.2021.210729.0Q] In Persian [
Maghami, Amir - Shirzad, Omid (1403), The Right to Resist Occupation; Emphasizing the Situation of Palestine, Academic Journal of Legal Studies, Volume 16, Issue 1 - Serial Number 51, 1-42. Doi: 10.22099/jls.2024.49129.5071].In Persian[
Nirmal, B.C.) 1999). The right to self-determination in international law,
Deep & Deep Publications PYTLTD
Olson, J, Shadle, R. (1991). Historical dictionary of European Imperialism (Archived 12 April 2021)
Osiander, A. (2001). Sovereignty, International Relations, and the Westphalian Myth,International Organization, Vol. 55, No. 2. pp. 251-287.
Preliminary Observation by the finish minister on the report of the Committee of Jurists, January/February 1921
Rahmatifar, Samaneh (2023), Peaceful Defense: Formulation of Saadi's Theory of War Law, Legal Studies, 2023, Volume 15, Issue 2, pp 73-110] In Persian [
Report of International Committee of Jurists Entrusted by the Council of the League of Nations with the task of Giving an advisory Opinion upon the legal aspects of the Aaland Island question, Official Journal of the Leage of Nations, Special Supplement No, 3, October 1920.
Report on the work of ILC, Int’l Law Commission, Report on the work of its 53rd Sess. / 23 April- 1 June and July- 10 August 2001, CAOR, 55th Sess, Supplement no, 10, A/56/10, Chapter III
Security Council Resolutions 1246 of 11 June 1999 and 1272 of 25 October1999
Security Council resolutions: 1199, 23 Sep 1998, 1160, 31 March 1998, 1203, 24 October 1998,
Several Protesters in Ingushetia Injured in Clashes with Police. (27 March 2019.) Radio Free Europe/Radio Liberty.
Saifi, J. (1994). Developments in the concept of state sovereignty in light of the principle of self-determination of nations, Journal of Legal Research, 1(120), 237-265] In Persian [
Tavakoli, A. (2011). Democratic Legitimacy and the Evolution in the Concept of Identifying Countries and Governments, Journal of Law Research, 13(32), 1-30] In Persian [
Tinoco Claims Arbitration (Great Britain v. Costa Rica), 18 October 1923, RIAA, I (375)
Tladi, D. (2019). Special Rapporteur, Fourth Report on Peremptory Norms of General International Law (jus cogens), International Law Commission, 71st Sess., U.N. Doc. A/CN.4/727
UNGA Res 47/114 [16 December 1992] UNSC Res 242 [22 November 1967] UN Doc S/RES/242 [1967])
Vrushali, P. (2008). Negotiating Decolonization in the United Nations Politics of Space, Identity, and International Community, New York & London, Routledge press
Walker, S. (23 September 2022). 'Referendums' on joining Russia under way in occupied Ukraine. the Guardian. Available at: https://www.theguardian.com/world/2022/sep/23/occupied-parts-of-ukraine-prepare-to-vote-on-joining-russia
Webster, D. (1975). Warfare and the Evolution of the State: A Reconsideration, American Antiquity, 40(4), pp. 464 – 470. DOI: https://doi.org/10.2307/279334
Western Sahara, Advisory Opinion, ICJ Reports 1975
Yearbook of ILC, 1966 Vol 2, p 248
Zakerhossein, M. A. (2024). Settlements and Settlers in the Occupied Territories from the International Criminal Law Lens, Journal of Legal Studies, 16(1), 391-426. ]In Persian[
Ziaee, Y. (2012). Recognition in International Law: Legal Effects of the Recognition of Kosovo, Abkhazia and South Ossetia, Journal of Legal Research, 9(17). 115-144] In Persian [
Ziaee, Y. (2013). An Introduction to Secessionism in International Law, Shahr Danesh Institute of Legal Studies and Research] In Persian [
 
Journal of Legal Studies
Volume 17, Issue 3 - Serial Number 57
October 2025
Pages 177-214

Files

Share

How to cite

Statistics