Populo Volume 2 Issue 2

is clearly a thing of the past and this is due to the internalization and

institutionalization of the territorial integrity norm. Therefore, apart from certain

hotspots that involve national minorities or territorially limited disputes over

resources, the majority of states that realistically need to worry about their

territorial integrity do not face external but rather internal threats.

During decolonization the principle of utis possidetis was applied. The 1960

UN declaration pronounced that existing colonies and not ethnic groups were eligible for self-determination. 28 The Organization of African Unity declared in 1964 that ‘the borders of African States, on the day of their independence, constitute a tangible reality’. 29 As mentioned above preserving previous

administrative frontiers aims to limit uncertainty and conflict. There were fears

that questioning the legitimacy of any African border could lead to challenges against every African border. 30 But that created ethnically, religiously and

linguistically diverge state entities. Such states exist in other parts of the world

as well. The main threat to their territorial integrity are separationist

movements, often backed by external powers with certain interests. The Tigray

War and the various separationist movements in Myanmar are some examples.

It is common for the state, the referent object of security in cases of

separationist movements, to label, in an act of securitization, the secessionists as

terrorists in order to diminish their legitimacy and justify external support and

intervention. The right to self-determination is enshrined in the UN charter

(Article 1) but is outweighed by territorial integrity. However, international law

has a much more nuance attitude towards secession. According to Allen

Buchanan ‘the consensus among legal scholars at this time is that international

law does not recognize a right to secede in other circumstances, but that it does

28 Zacher, p. 237. 29 Stuart Elden, ‘ Contingent Sovereignty, Territorial Integrity and the Sanctity of Borders’, The SAIS Review of International Affairs, 26.1 (2006), 11-24 (p. 12). 30 Hensel, Allison and Khanani, p. 124.

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