Borders and the Rules Based International System: a historical and legal basis
RUSI Whitehall, London SW1A 2ET
Monday 25 February 2019

It is a moment of great flux in the international environment. Established rules and structures areincreasingly under threat and challenge from all sides. Borders are challenged by non-state terroristgroups and assertive powers claiming land, creating tensions that cut to the core of nationhood.
Looking to history, it is possible to see other moments of equal challenge.
This conference co-hosted by JIIA and RUSI brought together experts from around the world toaddress what lessons might be learned from these historical case studies where legal frameworks
have been used to settle disputed borders.
Panel 1: Territorial Issues and the Concept of “Territory” in the West and Asia
Panel 1 considered the role and relevance of historical claims over territorial issues, taking into
account how international tribunals have examined historical factors in the context ofhistorical/ancient titles and historical rights. The panel discussed how the non-western countries
had their own awareness of territory and border, but, as a result of contact with the West in the19th century, they accepted the concepts of territory and borders as defined under modern
European international law. Some also touched upon the fact that in Asia and other regions,countries try to justify their territorial claims invoking various historical narratives, particularly
those that existed in pre-modern times.

Panel 2: Peaceful Resolution of Territorial Disputes through International Law
Panel 2 examined the significance of international law in terms of the peaceful settlement ofterritorial issues (of both Asia and Europe) and considered how the rule of law in settling territorial
issues can be strengthened. It discussed two recent arbitration cases that included elements ofhistorical rights to support countries’ claims: The Philippines v China, and Croatia v Slovenia.
Panel 3: Territorial Issues and their Implications for the Regional and Global Order
Panel 3 discussed, from the perspective of international politics, how the international community
can manage challenges to the liberal international order respecting international law. Based on theimplications of the developments discussed in Panels 1 and 2 for the regional and global order, thispanel considered the relationship between power and international law. It also discussed how therule of law has been contributing to the maintenance of stable international order.
<Agenda>0930-1000
1000-1030

1030-1200

Registration
Opening Remarks
Professor Malcolm Chalmers, Deputy Director General, RUSI
Yasunori Nakayama, Director General (Acting), JIIA
Panel 1: Territorial Issues and the Concept of “Territory” in the West and Asia
Panelists:• Professor Masaharu Yanagihara, The Open University of Japan• Dr Shafiah F Muhibat, Head, Department of International Relations, CSIS Jakarta• Dr Christine Schwöbel-Patel, Associate Professor, Warwick Law School, Universityof Warwick• Richard Schofield, Senior Lecturer in Boundary Studies, Department ofGeography, King's College London
Moderator: Dr Todd Hall, Associate Professor of International Relations, St
Anne’s College, University of Oxford

1200-1300
1300-1430

Lunch
Panel 2: Peaceful Resolution of Territorial Disputes through International Law
Panelists:• Professor Atsuko Kanehara, Faculty of Law, Sophia University, Tokyo• Pia Benosa, Researcher, Institute for Maritime Affairs and Law of the Sea,
University of the Philippines

••

Dr Dominika Švarc Pipan, State Secretary, Ministry of Justice, Slovenia
Professor Maja Sersic, Professor of Public International Law, Chair of the Public
International Law Department, Faculty of Law, University of Zagreb
Moderator: Dr Jonathan Eyal, Associate Director for Strategic ResearchPartnerships, RUSI

1500-1630

Panel 3: Territorial Issues and their Implications for the Regional and Global Order
Panelists:• Professor Toshihiro Nakayama, Faculty of Policy Management, Keio University• Dr Michael J Green, Senior Vice President for Asia and Japan Chair, CSIS
• Professor Steven Haines, Chair, Public International Law, University ofGreenwich; Senior Associate Fellow, RUSI
• Dr Nguyen Hung Son, Director, Center for East Sea (South China Sea) Studies,Diplomatic Academy of Vietnam
Moderator: Dr Monika Chansoria, Senior Visiting Fellow, JIIA

1630-1700

Keynote Address
The Rt Hon Mark Field MP, Minister of State for Asia and the Pacific,
Foreign & Commonwealth Office
Chair: Professor Malcolm Chalmers, Deputy Director General, RUSI

1700-1715

Closing Remarks
Professor Malcolm Chalmers, Deputy Director General, RUSI
Yasunori Nakayama, Director General (Acting), JIIA