Russia "annexed" some territories that it does not have control over. There are many examples when a state claims territories that de facto are not under its control. But usually such territories were part of the country before, so such claims are not annexations. Are there examples of such "annexation by paper" in the past?
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1The Wikipedia article explains what is understood by the term Annexation (Latin ad, to, and nexus, joining), in international law, is the forcible acquisition* of one state's territory by another state, usually following military occupation of the territory. It is generally held to be an illegal act. Annexation is a unilateral act where territory is seized and held by one state, is distinct from conquest and differs from cession, in which territory is given or sold through treaty*. – Mark Johnson Oct 06 '22 at 08:11
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1The fact that claims of acquisition over unheld territory (or belonged in the past) doesn't change the legal status under international law. – Mark Johnson Oct 06 '22 at 08:11
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1Documenting preliminary research will improve both the probability of an answer and the quality of the answer(s) – MCW Oct 06 '22 at 10:38
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1The Congress of Vienna assigned territories to nations according to the desires of the international community, not according to control or borders. Poland probably answers the question; somebody got parts of Poland without full physical control. I suspect that similar things happened after WWII and the efforts to decolonialize. Every place on the map which is labelled "disputed" - these are areas where multiple countries claim to have annexed territory without exerting effective control. Or Korea or Taiwan. – MCW Oct 06 '22 at 12:44
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2@MCW: The trans-Appalachian land claims of several of the original 13 Colonies also come to mind, as likewise the British (and Russian!) claims over the Oregon Territory prior to various treaties signed in the mid 1860's. The brief New York State vs Vermont War for example. – Pieter Geerkens Oct 06 '22 at 13:34
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1@PieterGeerkens - excellent catch. – MCW Oct 06 '22 at 13:39
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2@MCW: There's *NOTHING* new under the Sun, in war and politics. The status of Canaan between the Hittites and Egyptians, in the time of Ramses II, is likely another example. I have little patience for questions arriving here that, in essence, claim "Surely it's the first time in history that XYZ has happened, isn't it?" when I can immediately think of a dozen times it's happened in my lifetime. – Pieter Geerkens Oct 06 '22 at 13:43
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1@PieterGeerkens If I follow your arguments & examples, then these are I'd say mere claims, which only promise of annexation, since the latter presumes the eventual arrival of violence & force ('the state'). If that should still count, I'll probably top it off with Tordesillas 1494? – LаngLаngС Oct 06 '22 at 14:14
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1@LаngLаngС: In every case I listed above, I believe there were earnest attempts by official appointed (or occasionally elected) administrators to substantiate the claims. Certainly that is, provably, true for every North American example I gave. In many cases, the cause for war is the *presence* of those very administrators, making those very earnest attempts. – Pieter Geerkens Oct 06 '22 at 14:25
2 Answers
Just to give a recent one, China claims Arunachal Pradesh as "South Tibet" (Zangnan).
It seems that whenever there's a flare-up in disputes with India, China renames more places in that region (that they don't occupy) to reassert their claims.
Among the 15 places in Arunachal Pradesh that China renamed, eight are residential areas, four mountains, two rivers and a mountain pass, the Global Times report says. China renamed six other places in the same region five years ago. Among China’s names is Zangnan, which means “South of Tibet” in Mandarin.
By the way, if you're more interested in terminology/concepts, one paper that addresses these matters in (a lot) of historical perspective, prefers to speak of "symbolic annexation" in such cases. And of course, China is hardly the first country to do that. The more numerous historical examples are from the "age of discovery". The Treaty of Saragossa, for instance, after virtually dividing the undiscovered (from the POV of the parties) world, stated that any mere discorvery in the forseen division was to be deemed equivalent to possesion... even if discovery was made by the "other side", i.e. if the Spaniards merely discovered an island that was on Portugal's side of the line, it would be as if Portugal took possession of it! Of course, France and England disagreed with this approach, stressing the importance of actual occupation over symbolic annexation, in such claims. One more concrete example (by other countries) was how how the Dutchman Tasman symbolically annexed much of Australia. Of course, the Englishman Cook then had other plans, a century later. Vattel would later theorize that symbolic annexation provides an inchoate title, provided the actual occupation happens in "due and reasonable time". How much [time] that is, remained open to some level of interpretation. (A somewhat interesting case, but much more obscure case of applying this is Bouvet Island, eventually conceded by the British to Norway.)
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Well, yes?
Germany perhaps annexed Austria and certainly Czechoslovakia before the troops entered the territory in Nazi times 1938–39.
Germany West also annexed the East without any of its Western military force controlling the territory in 1990. (In case naysayers would like to dispute that terminology: As French Wikipedia confirms…, or Italian Wikipedia suggests.)
The United States annexed Texas in 1845…
Now, arguments will start over the very word "annexation".
This definition is used here:
annexation, a formal act whereby a state proclaims its sovereignty over territory hitherto outside its domain.
Which is the broader and original sense of the word, similar to how French Wikipedia defines:
Annexation is the attachment of one territory to another, usually larger one. This method of acquiring sovereignty differs from colonisation in economic, religious and ideological terms; annexation results in the absolute integration of the annexed territory into the system of the annexer, whether or not this is the result of the will of the annexed populations (plebiscite, self-determination referendum, etc.). In this sense, it is different from a simple occupation.
Which would give plenty opportunity for listing territorial changes, mostly surrounding some wars. Like after World Wars. But when for example Denmark annexed Northern Schleswig, the transfer followed just a legal procedure as was the case when Germany annexed the Saar territory in 1935.
There is a problem with using this word, as some like to interpret into it some kind of (im-)morality or (il-)legality.
Funnily enough, as example over this usually contested word usage for the current events prompting this question: all references on Russian Wikipedia talk about "annexation" ('naturally', as they are all 'Western sourced'?), while the Kremlin —naturally— says 'accession'..
This brings up limits to historical parallelism, as the winners now tend to avoid the word annexation, as it is often meant to imply another definition:
i) Annexation, defined as the forcible incorporation, in whole or part, of an existing state’s territory by another existing state.
— Glen Anderson: "Secession in International Law and Relations: What Are We Talking About?", Loyola of Los Angeles International and Comparative Law Review, Vol 35, No 3, 2013.
That definition might make the so called Texas Annexation not an annexation?
A specialised dictionary even lists:
annexation
The acquisition of title to territory (scil. previously under the sovereignty of another State) by a unilateral act of appropriation by a conqueror State subsequent to subjugation: ‘At no period did conquest alone and ipso facto make the conquering state the sovereign of the conquered territory .... Conquest was only a mode of acquisition if the conqueror, after having firmly established the conquest, and the state of war having come to an end, then formally annexed the territory’: I Oppenheim 699. When, in June 1945, the Allies assumed ‘supreme authority with respect to Germany, including all the powers possessed by the German Government, High Command and any state, municipal, or local government or authority’, they expressly declared that the assumption of these powers ‘does not effect the annexation of Germany’: Whiteman, Digest of International Law (1963), Vol. 1, 325. As it is now accepted that the use of force, except in self-defence, is contrary to international law, so the fruits of an illegal use of force cannot stand in law. So, after the ‘Six Day War’ in June 1967 when Israel invaded the Sinai Peninsula, the West Bank of the Jordan, the Golan Heights, and the unoccupied parts of Jerusalem, the Security Council, in Res. 242 (XXII) of 22 November 1967, called for the ‘withdrawal of Israeli armed forces from territories occupied in the recent conflict’ and emphasized ‘the inadmissibility of the acquisition of territory by war’. Annexation remains important only as a basis of titles to territory acquired when it was permissible. Cf. debellatio. See generally Jennings, The Acquisition of Territory in International Law (1963), Chap. 4.
In British constitutional law and practice, the term ‘annexation’ is employed to connote the incorporation of territory within the dominion of the Crown, or within a particular part thereof, irrespective of its prior status. For a modern example, see the Island of Rockall Act 1982, under which, from 10 February 1972, ‘the Island of Rockall (of which possession was formally taken in the name of Her Majesty on 18th September 1955 in pursuance of a Royal Warrant dated 14th September 1955 addressed to the Captain of Her Majesty’s Ship Vidal) shall be incorporated into that part of the United Kingdom known as Scotland and shall form part of the District of Harris in the County of Inverness, and the law of Scotland shall apply accordingly’.
— John P Grant, J.Craig Barker (eds): "Parry and Grant Encyclopaedic Dictionary of International Law", Oxford University Press, Oxford, New York, 2009, p32.
This definition would make the question as posed self-contradicting, as an annexation would have to always take place after a conquest, and that is 'taking physical control'.
We therefore have to operate with a wider definition of the word 'annexation', or simply state that when applying the stricter definition for it, then the question doesn't make sense.
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@Jan No NATO/BW troops were there 'in force' before Oct3/90 & nobody was shooting bullets? (NVA & WGRA were of course 'present'). Austria, German troops entering on 13th: "Am folgenden Tag, dem 11. März 1938, übernahm Hermann Göring per Telefon und Telegraf die Regie bei der Vorbereitung zum „Anschluss“ Österreichs. […] Einer Weisung aus Berlin folgend, strömten die österreichischen Nationalsozialisten in das Bundeskanzleramt und besetzten Stiegen, Gänge und Ämter. […]" – LаngLаngС Oct 06 '22 at 10:55
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Is it really appropriate here to use French wikipedia here as the reference for the meaning of the English word "annexation"? E.g. German "Realisation" has a slightly different meaning than English "realization". – Jan Oct 06 '22 at 10:58
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1@LangLangC German troops entered Austria on March 12th, and the Anschlussgesetz was passed on March 13th, which is after troops entered. – Jan Oct 06 '22 at 11:03
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@Jan Comment typo. The Austrian Nazis were controlled by Berlin, making this annexation defacto/real before WM troops entered. But the dating of this 'legal act' is indeed somewhat disputable. // French Wp, or Italian? Which gives refs for judging the act according to the last paragraph in A. Aim is exactly 2hilight these definition probs with that. Word has a simpler meaning, which applies 100%, but even for 1990 the narrower/stricter, with amorality implications, can be used, and is, sometimes. Updated the sentence about force. If still not good enough, please [edit];) – LаngLаngС Oct 06 '22 at 11:13
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1The very next sentence in your Britannica link contains "annexation is a unilateral act" which would exclude East Germany. – Jan Oct 06 '22 at 11:20
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Despite most mainstream Germans now having allergies towards the word: The German Left tended to describe this (what they didn't like) as 'Annexion', the Russian Duma used that word still in 2015. But it's again the morality angle of something abused as a fighting word that leads to denial of word meaning_s_ & usages OED, meaning c, is much simpler, as is etymonline's. – LаngLаngС Oct 06 '22 at 11:38
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The french Wikipedia article (and your answer) doesn't deal with the definition in accourdance with international law as understood by Article 2(4) of Chapter I of the United Nations Charter. Otherwise it would not have listed 'Annexion de l'Alsace-Lorraine (1918)'. – Mark Johnson Oct 06 '22 at 12:21
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1Remembering the point that both the Soviet Union (now Russia) and Ukraine are founding members of the United Nations, when is your answer going to explain the point that in International law, regarding the use of force by states evolved significantly, in the 20th century and that "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations"? – Mark Johnson Oct 06 '22 at 13:39
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1Afterwhich, then: the United Nations General Assembly Resolution 3314 (XXIX) of 14 December 1974: 'Annexation by the use of force of the territory of another State or part thereof' is an act of aggression according to the Rome Statute of the International Criminal Court. – Mark Johnson Oct 06 '22 at 13:39
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1It is in this context that the question you are answering is asking about (not how it was understood in the 19th centuary until before WWII, which the french Wikipedia explains). – Mark Johnson Oct 06 '22 at 13:53
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@MarkJohnson Well, that ("context" as well as the previous tags) seem to indicate 'a push question' & 'current events' (aka 'not history')? That'd be off-topic. And probably a bad idea to lawyer around the thorniest claims, like the 'People's republic's rights to self-determine, secede & accede & self-defend!' (Not my words here, but the other side's—which would be audiatur) Note that from Q it would be implicit that 'currently 'no force'/"control" is used in parts of the newly acquired territories'. Exegesis of UN docs & discrepancies thereof aren't absolute, they're voted & vetoed. – LаngLаngС Oct 06 '22 at 14:07
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@LangLangC Just for the record, I am not so much concerned with morality here, but with technicalities. I think it is fair if most of your answer is about definitions. But +1 for deriving a contradiction from those definitions. – Jan Oct 06 '22 at 14:36
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2Funny how for Tschechnia (inside Russia) 'rights to self-determine' is not allowed, but for others outside of Russia it is. Double standards. Be it as it may, the troops that got stuck in the mud before the gates of Kyiv last March were not from any People's republic. Your answer ignores how the term Annexation has been defined since WWII under international law. (-1) – Mark Johnson Oct 06 '22 at 14:37
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Still think Austria is a bad example. If your criterion is "local or supposedly local allies seize power informally" then Russia's annexation of Crimea would have happened a few weeks before March 18th, 2014. In any case OP seems very much to be about formal stuff. – Jan Oct 06 '22 at 14:42
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The areas that the Soviet Union recieved based on the Molotov–Ribbentrop Pact might qualify, since they were aborbed later and after WWII not returned. – Mark Johnson Oct 06 '22 at 14:52
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@MarkJohnson Personally, I don''t give an eff about any 'self-determination' in those circumstances/situations. Much abused term since its coining. I always tell this my Basque & Catalan friends when they have ideas… Now, if only more Bavarians would start to have those ;) // MR_pact? Interesting idea. But that would mean the 'act of annexation' would be 'the secret protocol' (protocol itself seems a bit washy in itself in terms of 'lines on a map')? – LаngLаngС Oct 06 '22 at 14:58