This article explores the justification of states' territorial rights. It starts by introducing three questions that all current theories of territorial rights attempt to answer: how to justify the right to settle, the right to exclude, and the right to settle and exclude with reference to a particular territory. It proposes a ‘permissive’ theory of territorial rights, arguing that the citizens of each state are entitled to the particular territory they collectively occupy, if and only if they are also politically (...) committed to the establishment of a global political authority realizing just reciprocal relations. The article is developed by introducing some key features of the permissive theory and by explaining how such an account addresses the questions of settlement, exclusion and particularity in ways that significantly improve on existing rival accounts (most prominently: acquisition theories, legitimacy-based theories and nationalist theories). (shrink)

This paper considers the philosophical foundations of the law relating to migration. It examines the kinds of reasons that might justify the restriction of liberty as people move about on the face of the earth—something humans have done since time immemorial. The paper also examines the various interests that might be at stake in moral calculations regarding migration: economic interests, cultural interests, religious interests, or just sheer preferences. Drawing on the work of Locke, Kant, and Sidgwick, it considers conceptions like (...) common ownership of the earth, the right of hospitality, and the difference between defending property and restricting access to economic interaction. The paper also considers the ambiguity of the commonly heard slogan that states by definition have a right to control their borders. (shrink)

The international law principle of permanent sovereignty over natural resources posits that governments bear the sovereign rights to manage natural resources on behalf of citizens. That citizens have rights over natural resources at all however detaches from governance realities showcasing citizen marginalization. This necessitates revisiting the issue of what rights citizens actually have over natural resources. Qualitatively investigating this issue reveals rights of citizens over natural resources now embedded in the doctrine of peoples-based permanent sovereignty over natural resources. However, this (...) doctrine appears to be subject to international law limitations and might not be effective within domestic jurisdictions. Alternatively, PPSNR may be domestically driven by common ownership and environmental justice claims. These two drivers may be able to advance distributive justice rights of citizens to returns from natural resources exploitation within domestic jurisdictions. These rights could be actuated through rent distribution practices. This results in functional distributive justice. (shrink)

The current philosophical debate on just international trade has moved away from purely idealistic theorizing into the direction of non-ideal theory. At the same time most philosophical thought on just trade is still rather idealistic and the main argument of the paper is that some philosophical reasoning about international trade justice should be more realistic. The paper develops in three steps. In a first step I will give a short overview over normative questions that arise with respect to international trade. (...) I will then highlight a proposal brought forward by Leif Wenar, because he is aware of the realist challenge and tries to counter it. In a second step I will discuss why it is important to integrate a realist perspective into philosophical considerations of international trade justice. Trade agreements are embedded in political contexts that influence the normative perspective one should take on trade justice. This leads to the third part of the article, where I will explore how a realist approach can go along with more idealistic perspectives, which leads to a weakly realist perspective on trade justice. (shrink)

This paper asks: Why is it morally good to foster the digital commons? How can we ethically justify the importance of the digital commons? An answer is given based on Aristotelian ethics. Because A...

Margaret Kohn argues for a reappraisal of early twentieth-century left-republican French political theory, known as ‘solidarism’. Solidarism recognises private property as legitimate, but at the same time argues that the collective nature of economic production gives rise to a claim to social property. It is social property that should underlie the case for social justice and social rights, not the standard liberal claims to individual autonomy. This paper provides an appraisal of Kohn’s recovery of solidarism, taking as its main theme (...) the relation between property and social justice. The paper first offers a typology of four theories of justice (right- and left-libertarianism, luck and relational egalitarianism) and discusses the relation of each of these to the concept of property. Then it argues that solidarism is akin to left-libertarianism in the way it formulates justice as a claim to social property. Finally, it argues that solidarists cannot escape grounding their theory in a non-property based fundamental principle, which makes the theory much less distinctive from egalitarian theories of justice than may appear at first sight. (shrink)

Some European countries legally recognise a “right to roam”—a right to freely traverse across land, even if privately owned. Political philosophers have paid little attention to the right, and have often conceptualised property rights to include strong claim-rights to exclude others. I offer an account of the right to roam, and consider whether it can be philosophically justified on a left-liberal account of property. After finding a defence in terms of the interests served by the right lacking, I suggest that (...) the most promising defence of the right to roam is that it serves as a symbolic reminder of a fundamental type of social equality. (shrink)