Uti Possidetis: A Philosophical Critique

Abstract

It would be hard to overstate the importance of international political boundaries. For more than three-and-a-half centuries the normative relationships between independent political communities have been grounded in a commitment to then sovereign territorial state.2 The extent of a sovereign state's rights are largely determined by the boundaries that separate one political community from another. In addition to their impact on the relations between states, international political boundaries have an impact on individuals and political groups. On one side of a border an individual may be subject to gross violations of her human rights. Just meters away-across the border-individuals just like her experience wealth, opportunity, and the protection of political and civil rights. Similarly, the ability of political communities to govern themselves is greatly hindered or enhanced by the boundaries that separate ( or combine) political groups.