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Complete the following activity.
In this portfolio assignment, you will build on the independent research you have conducted in the last two lessons to write a position paper about who should create state boundaries and how disputes should be solved.
Your analysis should include specific examples, and should discuss problematic situations regarding border disputes as well as situations in which problems were successfully resolved. You may draw on any of the information in the textbook or from your research so far in the course. In developing your thesis statement and fleshing out your argument, you might consider any of the following questions:
What is the purpose of boundaries or borders?
Is the nation-state or the multinational state the ideal?
What rights does a state have with respect to its borders?
What rights does a state have with respect to the oceans that surround it?
What principles should guide a state in deciding whether to have hard borders or soft borders?
Under what circumstances, if ever, is the international community justified in intervening in a border dispute between two states?
Portfolio assignments should demonstrate understanding of unit content, include evidence from independent research, and adhere to the five-paragraph essay format.
All Answers 1
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Borders exist to define political authority, regulate movement and resources, and give people a basis for mutual obligations and rights. Because borders can determine who governs whom, who gets access to land and sea, and whether peoples’ identities are respected, they should be created and changed through peaceful, legally grounded processes that give voice to affected populations. My position: state boundaries should be determined primarily through negotiation and law that balances the principles of territorial integrity and self‑determination, with dispute resolution handled first by diplomacy and mediation, then by arbitration or the International Court of Justice (ICJ) when necessary; only in exceptional cases should the international community take coercive action (e.g., to stop aggression or mass human‑rights abuses).
Who should create boundaries and what principles should guide them
- Ideal makers: the states and communities directly affected, working within an international legal framework (UN, UNCLOS for maritime questions, ICJ/arbitration) and supported by impartial mediators. Local populations must have a meaningful voice (through negotiation, referenda or other democratic procedures) so borders do not simply reflect outside imposition.
- Guiding principles: respect for territorial integrity, respect for peoples’ right to self‑determination, uti possidetis juris (the principle used in decolonization that preserves existing administrative boundaries to prevent chaos), protection of minority rights, and practical considerations (geography, economic ties, and security). Uti possidetis has helped stabilize many postcolonial borders in Africa, but it should not be an absolute shield against redress where gross injustices exist.
- Hard vs. soft borders: choose “hard” borders when there are acute security threats, pervasive illicit flows, or irreconcilable governance differences; choose “soft” borders (open crossings, customs/immigration cooperation) when economic integration, shared identity, and trust make cooperation desirable. Examples: the Schengen Area (soft borders) facilitates trade and travel across EU states; by contrast, the militarized border between Armenia and Azerbaijan reflected active armed conflict until the 2020 war and ceasefire. The Northern Ireland/Republic of Ireland example shows how political agreements (Good Friday Agreement) can preserve soft borders to sustain peace, while Brexit pressures showed how changing political conditions can reintroduce border friction.
How disputes should be solved — methods and examples
- Prefer peaceful, rules‑based processes in sequence: direct negotiation; third‑party mediation; arbitration by agreed tribunals; or adjudication by the ICJ. These mechanisms offer neutral problem‑solving and lend legitimacy to outcomes.
- Successful (or largely successful) examples:
- Peru–Chile maritime dispute (ICJ ruling, 2014): the court drew a maritime boundary that both sides accepted and implemented, reducing a potential flashpoint over fisheries and resources.
- The peaceful split of Czechoslovakia (1993, the “Velvet Divorce”): negotiated separation avoided violence and provided an example of consensual boundary change.
- The Philippines v. China arbitration (2016): the tribunal applied UNCLOS to maritime claims and rejected many of China’s historic‑title arguments; although China refused to accept the ruling, the case clarified legal norms that other states cite.
- Eritrea–Ethiopia boundary commission (2002 ruling) and the later 2018 rapprochement: legal adjudication initially failed to translate into stability because of non‑acceptance, but renewed political negotiation eventually implemented the settlement and normalized relations.
- Problematic examples:
- Partition of British India (1947): hurried, externally driven boundary drawing produced mass violence, refugee flows and the enduring India–Pakistan dispute over Kashmir.
- Kashmir (ongoing): long‑standing dispute with periodic wars, insurgency, and nuclear implications—shows limits of bilateral negotiation when trust is low and external incentives sustain the conflict.
- Crimea (2014 annexation by Russia): change by force and a contested referendum produced wide international nonrecognition and sanctions; this underscores that unilateral forceful alteration of borders violates basic international norms and destabilizes regions.
- Lessons: legal decisions need political buy‑in and enforcement mechanisms; arbitration or ICJ rulings are powerful tools but require states’ compliance or international pressure to be effective.
Maritime borders and resources
- UNCLOS gives coastal states sovereign rights in territorial seas and exclusive economic zones (EEZs up to 200 nautical miles) but leaves room for overlapping claims and disputes over features and resources. The South China Sea disputes show how competing historical claims, strategic value, and resources complicate peaceful settlement—Philippines’ 2016 arbitration won legally but left enforcement and compliance uncertain. Clear legal delimitation, maritime delimitation treaties, and joint development agreements (where delimitation is politically sensitive) are pragmatic ways to manage resources while disputes are resolved.
When international intervention is justified
- Coercive intervention to change borders is illegitimate; use of force to seize territory is prohibited under the UN Charter. The international community is justified in intervening only in limited, principled circumstances: to stop aggression that threatens wider peace and security; to prevent or halt mass atrocities tied to border conflict (ethnic cleansing, genocide); or when a state flagrantly violates obligations and all peaceful dispute mechanisms have been exhausted. Examples: UN mediation and peacekeeping have helped freeze and manage conflicts (e.g., boundary monitoring in some African cases); NATO’s 1999 Kosovo intervention remains controversial but was justified by many as preventing ethnic cleansing—illustrating the complexity of deciding when to act. Any intervention must be authorized by proper international bodies where possible and be proportionate, aimed at restoring a lawful, stable situation rather than imposing new borders by force.
Conclusion and recommendations
Borders should be the product of negotiation, law, and respect for the people who live along them. States and affected populations should lead boundary creation, guided by international legal norms (territorial integrity, self‑determination, UNCLOS), with independent mediation, arbitration, and adjudication used to resolve disputes. Soft borders should be pursued where they advance peace and prosperity; hard borders may be necessary where security risks are real. The international community should press for peaceful settlement, support impartial legal mechanisms, and intervene coercively only to stop aggression or mass human‑rights violations that threaten regional stability. Respecting both law and local realities gives the best chance that boundaries will be stable, just, and peaceful.
Who should create boundaries and what principles should guide them
- Ideal makers: the states and communities directly affected, working within an international legal framework (UN, UNCLOS for maritime questions, ICJ/arbitration) and supported by impartial mediators. Local populations must have a meaningful voice (through negotiation, referenda or other democratic procedures) so borders do not simply reflect outside imposition.
- Guiding principles: respect for territorial integrity, respect for peoples’ right to self‑determination, uti possidetis juris (the principle used in decolonization that preserves existing administrative boundaries to prevent chaos), protection of minority rights, and practical considerations (geography, economic ties, and security). Uti possidetis has helped stabilize many postcolonial borders in Africa, but it should not be an absolute shield against redress where gross injustices exist.
- Hard vs. soft borders: choose “hard” borders when there are acute security threats, pervasive illicit flows, or irreconcilable governance differences; choose “soft” borders (open crossings, customs/immigration cooperation) when economic integration, shared identity, and trust make cooperation desirable. Examples: the Schengen Area (soft borders) facilitates trade and travel across EU states; by contrast, the militarized border between Armenia and Azerbaijan reflected active armed conflict until the 2020 war and ceasefire. The Northern Ireland/Republic of Ireland example shows how political agreements (Good Friday Agreement) can preserve soft borders to sustain peace, while Brexit pressures showed how changing political conditions can reintroduce border friction.
How disputes should be solved — methods and examples
- Prefer peaceful, rules‑based processes in sequence: direct negotiation; third‑party mediation; arbitration by agreed tribunals; or adjudication by the ICJ. These mechanisms offer neutral problem‑solving and lend legitimacy to outcomes.
- Successful (or largely successful) examples:
- Peru–Chile maritime dispute (ICJ ruling, 2014): the court drew a maritime boundary that both sides accepted and implemented, reducing a potential flashpoint over fisheries and resources.
- The peaceful split of Czechoslovakia (1993, the “Velvet Divorce”): negotiated separation avoided violence and provided an example of consensual boundary change.
- The Philippines v. China arbitration (2016): the tribunal applied UNCLOS to maritime claims and rejected many of China’s historic‑title arguments; although China refused to accept the ruling, the case clarified legal norms that other states cite.
- Eritrea–Ethiopia boundary commission (2002 ruling) and the later 2018 rapprochement: legal adjudication initially failed to translate into stability because of non‑acceptance, but renewed political negotiation eventually implemented the settlement and normalized relations.
- Problematic examples:
- Partition of British India (1947): hurried, externally driven boundary drawing produced mass violence, refugee flows and the enduring India–Pakistan dispute over Kashmir.
- Kashmir (ongoing): long‑standing dispute with periodic wars, insurgency, and nuclear implications—shows limits of bilateral negotiation when trust is low and external incentives sustain the conflict.
- Crimea (2014 annexation by Russia): change by force and a contested referendum produced wide international nonrecognition and sanctions; this underscores that unilateral forceful alteration of borders violates basic international norms and destabilizes regions.
- Lessons: legal decisions need political buy‑in and enforcement mechanisms; arbitration or ICJ rulings are powerful tools but require states’ compliance or international pressure to be effective.
Maritime borders and resources
- UNCLOS gives coastal states sovereign rights in territorial seas and exclusive economic zones (EEZs up to 200 nautical miles) but leaves room for overlapping claims and disputes over features and resources. The South China Sea disputes show how competing historical claims, strategic value, and resources complicate peaceful settlement—Philippines’ 2016 arbitration won legally but left enforcement and compliance uncertain. Clear legal delimitation, maritime delimitation treaties, and joint development agreements (where delimitation is politically sensitive) are pragmatic ways to manage resources while disputes are resolved.
When international intervention is justified
- Coercive intervention to change borders is illegitimate; use of force to seize territory is prohibited under the UN Charter. The international community is justified in intervening only in limited, principled circumstances: to stop aggression that threatens wider peace and security; to prevent or halt mass atrocities tied to border conflict (ethnic cleansing, genocide); or when a state flagrantly violates obligations and all peaceful dispute mechanisms have been exhausted. Examples: UN mediation and peacekeeping have helped freeze and manage conflicts (e.g., boundary monitoring in some African cases); NATO’s 1999 Kosovo intervention remains controversial but was justified by many as preventing ethnic cleansing—illustrating the complexity of deciding when to act. Any intervention must be authorized by proper international bodies where possible and be proportionate, aimed at restoring a lawful, stable situation rather than imposing new borders by force.
Conclusion and recommendations
Borders should be the product of negotiation, law, and respect for the people who live along them. States and affected populations should lead boundary creation, guided by international legal norms (territorial integrity, self‑determination, UNCLOS), with independent mediation, arbitration, and adjudication used to resolve disputes. Soft borders should be pursued where they advance peace and prosperity; hard borders may be necessary where security risks are real. The international community should press for peaceful settlement, support impartial legal mechanisms, and intervene coercively only to stop aggression or mass human‑rights violations that threaten regional stability. Respecting both law and local realities gives the best chance that boundaries will be stable, just, and peaceful.
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