第六章 领土法1
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第六章领土法领土主权将会从国际社会理论及其国际法中消失?P. Allott, Eunomia: New order for a New World(1990), pp. 329-330International society is recognizing itself as a society in which the state-societies are agents and instruments of the survival and prospering of human race….Sovereignty over territory will disappear as a category from the theory of international society and from its international law….With the exclusion of the concept of sovereignty over territory, international society will find itself liberated at last to contemplate the possibility of delegating powers government not solely by reference to an area of the area of the earth’s surface. Such a liberation will enable international society to do two things, in particular, which will open up rich new possibilities for its self-ordering (1) international society will be able to see international organizations at last as true international society in its own rights, not merely as co-operative ventures of the state-societies. (2) It will be possible for two or more state-societies to share in organizing the public realm of one and the same territory or of one and the same nation….In this way, international society will be able to remove the greatest cause of war and of interminable self-destructive social struggle. Endless international and internal conflicts, costing the lives of countless human beings, have centred on the desire of this or that other state-society, the desire of this or that nation to be or not to nothing to the structure-system of this or that other state-society. International law has contributed next to nothing to the avoidance and the resolution of such conflicts. 1第一节国家领土和领土主权一、国家领土的概念国家领土是指国家主权支配下的地球表面的特定部分,由领陆、领水、领空和底土四部分构成。