What are the physical limits of state sovereignty? This chapter reviews international law concerning the territorial sovereignty of states, including on the land, the oceans, and the air and space above.  Specific legal instruments that govern these areas are examined in some depth, including the Chicago Air Convention of 1944 and the United Nations Convention on the Law of the Sea (UNCLOS).  Six methods of obtaining sovereign territory are discussed along with vivid examples of each.  The struggle to allow fair use by states and companies over the resources in and below the high seas and outer space is highlighted.  The new space race may prevent the original space treaties’ vision of a new frontier that is devoid of commercialization and militarization.

This chapter explores the understanding of nature reflected in the international legal classification of territory, as reflected in the doctrines of terra nullius, res communis and the common heritage of mankind. It provides an overview and analysis of each of these concepts, noting the frequently problematic role they have played in legitimating the exercise of political and economic power. It then analyses the continuities and discontinuities between these categories. It argues that, despite surface changes, a narrow instrumental view of nature and the environment continues to be deeply embedded in much of our current thinking about jurisdiction over territory, and can be seen as constituting one of the ongoing barriers to thinking about the environment in more innovative and sustainable ways.