A Theory of Annexation

Area of Science:

• International Law
• Political Science
• Legal Theory

Background:

• The acquisition of territory by force is prohibited under contemporary international law.
• Current legal understanding of annexation relies on formal state acts, failing to address undeclared annexations.
• This reliance on formal acts creates a rule-of-law problem and incentivizes states to avoid legal consequences.

Purpose of the Study:

• To propose a new theory of annexation that addresses its limitations in contemporary international law.
• To reconceptualize annexation beyond formal state acts, incorporating administrative and symbolic dimensions.
• To support the international legal order's goals of suppressing aggressive force and ensuring self-determination.

Main Methods:

• Drawing on theories of bureaucracy and administration.
• Developing three qualifications for annexation based on normative framework, control assimilation, and symbolic performance.
• Analyzing the analytical and legal implications of formal versus substantive annexation criteria.

Main Results:

• Annexation should be understood through the state's normative perception of the territory as its own.
• Assimilation of the territory's management into the state's bureaucratic machinery is a key indicator.
• Symbolic performance erasing differences between the territory and the annexing state signifies annexation.

Conclusions:

• A new theory of annexation, focusing on administrative and symbolic integration, is necessary.
• This reconceptualization can more effectively identify and address undeclared annexations.
• The proposed theory supports the international legal order's objectives regarding the use of force and self-determination.