Suveranitatea teritorială a statelor: între fundamentele dreptului internațional și provocările revizionismului contemporan
Territorial Sovereignty of the Nations: between the Foundations of International Law and the Challenges of Contemporary Revisionism

Summary/Abstract: This article examines the metamorphosis of the concept of territorial sovereignty from the perspective of contemporary international law, marking the transition from the medieval patrimonial view to the peremptory regime established by the UN Charter. The study explores the constant tension between the principle of territorial integrity and the right to self-determination, utilising an analysis of the International Court of Justice (ICJ) jurisprudence (from the Island of Palmas case to the Kosovo Advisory Opinion). In the context of recent military aggressions and the resurgence of political transactionalism, the paper demonstrates that any border change achieved through force or without consulting the population is legally null and void, as it contravenes jus cogens norms. The conclusions emphasise the need to strengthen erga omnes obligations and non-recognition mechanisms with regard to territorial acquisitions that are non-compliant with the international law, in order to prevent the erosion of the global legal order.

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