International law gives the concept of "territory" the significance of the entire surface of planet Earth. It covers the land and water, the bowels of the globe, airspace and space, and with them the celestial bodies recognized (or discovered in the future) in the solar system.
The concept and types of territories in international law
"Territory", as a concept of law, is tied to a "state", also as a legal concept. For without territory there is no state. Actually, the territory enclosed within certain borders, with the population living on it, constitutes the basis of statehood.
Based on the regimes prescribed by law, it is necessary to isolate the types of territories. There are three of them in international law:
- territory assigned to a particular state;
- territory with a mixed legal order;
- territory with an order of international importance.
State territory
This is a part of the Earth’s surface, which is under the control of a single state. Its territorial possessions are located within the boundaries recognized by the international community. The state territory in international law means not only land, but also the water reserves surrounding it, the airspace and above it space (up to 110 km) and the earth's interior (there are no documented restrictions, really - to an accessible depth).
The territory of the state, this is regulated by international law , can be separated by rivers, canals, the sea (states on island territories), or the territory of a neighboring country (enclaves). All sections of the state territory, regardless of the particular geographical location, constitute a whole indivisible state and are under its authority and sovereignty.
In accordance with the UN Convention on the Law of the Sea (1982), the waters of the states are related to the waters of the seas located on the territory, as well as internal rivers, lakes, canals, bays, the coast of which is within the legal borders of one state (the width of the bay from the coast to the coast there can be no more than 24 nautical miles), a bay and harbor, and the waters of historical bays.
The air state territory in international law is the airspace over the entire territory of the country: over its part of the land, inland and the sea belt. The air territory, like any other, is covered by the sovereignty, regulations and legal system of the state, for example, this will concern the flight rules of air liners.
Sovereign equality
The international normative acts enshrined the provision on the sovereign equality of states. It gives a guarantee to any of the countries within its borders to exercise territorial supremacy. This suggests that the power of a particular state in the territory assigned to it is always higher than the power of legal entities or individuals residing in the territory of that power. Also, the power of any other country is excluded here, and the legislative, judicial, executive, administrative, etc. has the right to extend not only to residents of the country, but also to individuals of foreign states, as well as legal (unless otherwise provided by other international treaties).
The state territory in international law is the property of national scale and the habitat of the inhabitants of the country, at the borders of which the supreme power of the state is exercised.
Quasi-Territory
Quasi-territories are conditionally related to this state form of territorial division. These are land holdings on which diplomatic missions and consular offices of foreign states are located. As well as quasi-territories include sea, river, aircraft and spacecraft. They do not fit the concept of “territory” in international law, since the main features of this concept do not appear. And only the fact that the jurisdiction of the established state is widespread in these territories explains the identification of these quasi-territories with the corresponding state.
Mixed Legal Territories
This is the surface of the oceans. It includes the continental territory submerged by the seas with adjacent areas, as well as a zone located outside the territorial sea. A distinctive feature of these territories is that they do not belong to any state. But countries that are in close proximity have the right to conduct exploration and after signing the relevant documents, the development of these territories in order to preserve and increase mineral and natural resources, as well as wildlife.
International rivers and straits, canals and islands (on which international contractual relations are in force) also belong to territories with a mixed regime.
Territory of international importance
This is part of the land, airspace or water area, not part of any state. All countries of the world have an equal right to use this territory. A territory (in international law) with an order of international importance is space with planets, satellites, comets, etc., Antarctica, terrestrial depths extending to the border of the mainland zone under the sea, the seabed with the surface above it and airspace within the water . And also it can be artificially created islands, installations and structures that can be erected on the shelf belonging to the continent and in the zone that fell under a special right regime, any state, in accordance with international maritime law. No national legal force is valid in these territories. They are subject only to international law.
A number of territories, subject to international legal acts, are developing the concept of a universal heritage. A striking example is the moon and several other astronomical bodies (1979). Countries, guided by the norms and principles of international law, publicly explore outer space and astronomical objects. In 1982, the United Nations declared the territory of international order, the international bottom of the sea and its biological resources, without any privileges for each of the countries that signed the Convention.
International law of the territory of the Russian Federation
The sovereignty of the Russian Federation, according to Article 4 of the Basic Law of the country, extends to its entire territory. And laws of federal significance, together with the Constitution, are supreme throughout Russia.
The Russian Federation considers it necessary to take care of the inviolability and indivisibility of its possessions.
Part one of Article 67 of the Constitution of Russia assigns to the territory of the Russian Federation the regional territories of all its subjects, the territorial sea, inland water bodies and airspace over the entire territory of the country.
The land part of the Russian Federation includes recognized lands located north of the coast of Russia in the Arctic Ocean, or, possibly, discovered in the future. They are recognized by international law if they are located within the meridians that connect the North Pole and the extreme points of the coastal zone of the Russian Federation.