Territory as a matter of metaphysics: A philosophical approach to the concept of territorial sovereignty in international law

Abstract

As contemporary international law being constantly described as heading towards deterritorialising, this contribution will present a new interpretation of the concept of territory through an interdisciplinary approach of philosophy and law. Firstly, arguments for the need of a new conceptual scheme of territory will be demonstrated, primarily natural, political and legal factors. Later, theories that tried to define territory were discussed to extract basic ontological components to reshape territory as a metaphysical question, compatible with the model of categorical structure of metaphysics illustrated by Karl Popper. Finally, relevant legal issues were presented to test the viability of philosophical analysis with legal issues, and the contribution to the challenges that faces international lawyers today with regard to issues relating to territorial matters between the States.