Modern territorial statehood

This theoretical study considers the interplay between the rights and responsibilities of (postcolonial) states in forming the underpinnings of public international law. It considers the ways states administer their territory, in some cases after having inherited colonially defined boundaries. It then contrasts this with the general sense in international law that basic human rights standards, including the concept of ‘self-determination’, are to be upheld by states themselves. The thesis observes that international law has become developed to the extent that the concept of self-determination may, in some circumstances, be equated with that of self-defence, and in some circumstances, a 'people' can be formed as a direct response to specific, predatory actions of a state. The thesis concludes by observing that the ability of a state to administer itself in conformity with international human rights law is of equivalent importance to that of its legitimate claims of title to territory, and that territorial modifications may be legitimate legal possibilities in the face of, for example, massive human rights violations.