Magdalena Anna Przybylska-wang

Is Territorial Integrity Sacred?: Counter-terrorism and Rescue of Nationals Under Contemporary International Law Magdalena Anna Przybylska-wang

Territorial integrity is a well-known principle of international law, which gives rise to the highest controversy. Namely, states' right to defend themselves before threats posed by other states, especially by non-state actors. The question is how territorial integrity should be interpreted against the background of new threats to peace and security brought by terrorism. Author examines customary law and United Nations Charter and their influence on the perception of territorial integrity of states. What alternatives do states have in answering to acts, which threatens their territory or nationals? What are the legal justifications? Author gives answers to these questions regarding counter-terrorism and rescue of nationals. The practice of states and opinio iuris, which are presented in the book, show the inefficiency of strict reading of territorial integrity followed by absolute prohibition of the use of force and limited self-defense exception. Considering territorial integrity as an absolute, in a world where interstate contacts and state interdependence have reached advanced level, and where non-state actors gained position as subjects of international law,is no more possible and desirable.