Mariam Azeemuddin, St. Joseph's College of Law
Introduction
Territory is vital in determining the sovereignty of a state. As Oppenheim has noted, ‘a State without a territory is not possible’.
The concept of the state forms the basis for International Law. The state in its turn is built on the foundation of sovereignty, which expresses the supremacy of the governmental institutions on the inside and the supremacy of state as a legal entity on the outside.
International Law is primarily concerned with the concept of State. According to Salmond, "State is a community of people which has been established for some objectives such as, internal order and external security. An ideal definition for the term 'State' is not possible. However, in the modern era the question of what constitutes the core features of a State has finally been resolved.
Under which a “defined territory” is considered one for the essential elements of a State. Territory therefore, comprises neighboring waterways and associated airspace in addition to land.
