By virtue of the Antarctic Treaty, signed in 1959, the territorial claims to Antarctica of seven of the original signatories were held in abeyance or “frozen.” Considered by many as an exemplar of international law, the Antarctic Treaty System has come to be increasingly questioned, however, in a very much changed global scenario that presents new challenges to the governance of the White Continent. In this context, it is necessary to gain a clearer understanding of the moral weight of those (...) initial claims, which stand as a cornerstone of the treaty. The aim of this article is to offer an appraisal of such claims, which may be divided into two main kinds: those grounded on some relevant link to the territory, and those grounded on official documents and geographical doctrines. After pointing to the limitations and challenges that they face, I conclude with some remarks about how this assessment ought to serve as a starting point to rethink the territorial status of Antarctica. (shrink)

Is it possible to justify territorial rights? Provided a justification for territorial rights can be found, does it ground claims toparticularterritories? And provided a claim to particular territories can be justified, what kind of claim is it? Is it a claim to jurisdiction? A claim to control resources? A claim to control the movement of people across borders? In this paper I review some prominent accounts seeking to answer these questions. After outlining their main features, I focus on some difficulties (...) they encounter, in particular with regard to the justification of exclusion. (shrink)

From a left-libertarian perspective, it seems almost impossible for states to acquire political authority. For that reason, left-libertarians like Peter Vallentyne understandably hope that states without political authority could nonetheless implement left-libertarian justice. Vallentyne has argued that one can indeed assess a state’s justness without assessing its political authority. Against Vallentyne, I try to show that states without political authority have to be judged unjust even if they successfully promote justice. The reason is that institutions can be unjust independently from (...) what they achieve or do: they can be ‘intrinsically unjust’. Institutions, I argue, are intrinsically unjust when they have legal liberties and powers without having the corresponding moral liberties and powers. States without political authority are intrinsically unjust in that sense. Hence the issues of a state’s justness and a state’s political authority cannot be dealt with separately. This is a problem not only for left-libertarians but for ‘philosophical anarchism’ more generally. (shrink)

This article addresses the problem of ‘the legitimacy of the people’, that is, what constitutes the legitimate demarcation of the political units within which democracy is practiced? It is commonplace among philosophers to argue that this problem cannot be solved by appeal to democratic procedure because every attempt to do so results in an infinite regress. Based on a social contract theoretical analysis of the problem, this view is rejected. Although contract theorists have ignored the problem of the legitimacy of (...) the people, this article nevertheless argues for one specific, and currently dominant, type of contract view – ‘contractarianism’ – that it contains the conceptual tools to solve it. In a contractarian view, the people are understood as a cooperative venture for mutual advantage and accordingly consist of only those individuals for whom it is mutually beneficial to bind themselves to one another. It is argued that contractarianism offers a procedurally democratic solution to the problem of the legitimacy of the people that does not cause an infinite regress. Furthermore, this article refutes a classic criticism of contractarianism’s account of moral standing. Finally, the article demonstrates contractarianism’s practical implications for one specific articulation of the problem of the legitimacy of the people, namely, immigration. (shrink)

:This essay argues that the territorial rights of states derive from the property rights of the individuals that make up those states. The argument draws from the Lockean tradition of justification of political powers. Persons in the state of nature have natural rights. Those rights are first-order substantive rights, and second-order executive rights In the social contract, individuals transfer to the state their executive rights, not their substantive rights. The state can thus define the boundaries of property rights and adjudicate (...) property disputes, but does not legitimately own land itself. The article discusses and rejects, for deontic and consequentialist reasons, positions that justify collective and state ownership of territory. Some important consequences follow from the argument: First, no actual state has territorial rights, since no actual state wields delegated powers in land. Second, notwithstanding the preceding conclusion, actual states have an obligation to exercise their territorial powers consistently with the respect for private property. (shrink)

A number of philosophers argue that the earth's resources belong to everyone equally. Suppose this is true. Does this entail that people have a right to migrate across borders? This article considers two models of egalitarian ownership and assesses their implications for immigration policy. The first is Equal Division, under which each person is granted an equal share of the value of the earth's natural resources. The second is Common Ownership, under which every person has the right to use the (...) earth's natural resources, but not the right to exclude others from them. While these models and their associated ideas have a long history within Western political thought, this article will examine them as they are presented by two sets of contemporary philosophers: Hillel Steiner, who defends Equal Division, and Michael Blake and Mathias Risse, who defend Common Ownership. In the case of each model, the article does three things. First, it considers the implications of the model for immigration policy. Second, it defends the model against objections from those defending immigration restrictions. Third, it contends that the model does not go far enough in its opposition to immigration restrictions. More specifically, the article argues that both Equal Division and Common Ownership, as presented by their proponents, fail to respect the claims of people whose interest in the land is not primarily economic. If the earth belongs to everyone equally, then people should not be prevented from pursuing important migratory goals such as family reunification, career development and education. The article concludes with a proposal for combining Equal Division with Common Ownership. Under this combined model, people would be free to migrate across international borders. (shrink)

This essay examines the most recent justifications for a people's exclusive right to resources as part of a territorial right. Divided into eight parts, the discussion covers contemporary philosophical discussion regarding: the conception of natural resources, the conception of resource rights, the general form of arguments supporting resource rights, arguments from self-determination, objections to arguments from self-determination, arguments from residence, arguments from improvement, and new directions for research in the future.

Do territorial rights include the right to exclude? This claim is often assumed to be true in territorial rights theory. And if this claim is justified, a state may have a prima facie right to unil...

Political theory lacks a compelling account of public property. Addressing this gap, I present a “deep public ownership” model, according to which the body politic ultimately owns all the resources within its jurisdiction. I argue that this model is compatible with liberal intuitions regarding private property. I then contend that the model expands the scope of government’s duty to uphold the equality of all citizens, by challenging private property constraints on antidiscriminatory government policies. I anticipate the worry that the model (...) supports excessive government intrusion into private affairs. I close by discussing abuse of public property by elected leaders. (shrink)

It has been traditional in political philosophy to take internal and external state legitimacy as resting on distinct criteria. However, this is a view that is currently being challenged. Assuming that internal and external legitimacy rely on the same criterion, a possible worry that arises is that an unacceptable amount of intervention will necessarily become justifiable. I argue that such worries are not significant and that they do not rule out this alternative to the traditional view.

This article examines the nature of the wrongs that are inflicted on individuals and groups who have been expelled from the land that they previously occupied, and asks what they might consequently be owed as a matter of corrective justice. I argue that there are three sorts of potential wrongs involved in such expulsions: being deprived of the moral right of occupancy; being denied collective self-determination; and having one's property rights violated. Although analytically distinct, all of these wrongs are likely (...) to be perpetrated when people are expelled from their homelands. Although there is substantial literature on corrective justice dealing with such cases, most of that literature focuses on the expropriation of property only, and is therefore unlikely to grasp the full implications of the wrong done or to reveal the full extent of what might be owed to people as a matter of corrective justice. (shrink)

Les questions de justice soulevées par la possession du territoire sont nombreuses. Qui a droit à quoi ? La distribution est-elle équitable ? Quels sont les droits censés découler d’un droit au territoire ? Et il y en a bien d’autres. Le présent article met en évidence que ces questions de justice sont abordées sous une perspective plutôt différente selon la conception que l’on se fait du territoire. Il existe à ce dernier égard deux courants dominants : le premier, souvent (...) identifié à Locke, voit le territoire sous l’angle de la propriété ; le second, que l’on rattache à Kant, est considéré comme le domaine géographique du pouvoir juridictionnel.There are many justice issues raised by the possession of territory ; questions of who is entitled to what ; the fairness of the distribution ; and the entitlements that are thought to follow from having a right to territory, to name a few. This paper then goes on to show that these justice issues are framed somewhat differently depending on one’s conception of territory. There are two dominant conceptions of territory : territory as property ; and territory as the geographical domain of jurisdictional authority. The former is often identified with Locke, and the latter with Kant. (shrink)

This paper develops an account of how economic and political institutions can limit the applicability of principles of justice even in non-relational cosmopolitan conceptions. It shows that fundamental principles of justice underdetermine fair distributive shares as well as justice -based requirements. It argues that institutions partially constitute the content of justice by determining distributive shares and by resolving indeterminacies about justice -based requirements resulting from strategic interaction and disagreement. In the absence of existing institutions principles of justice might not be (...) applicable for assessing distributions or guiding individual action and institutional design. Hence, accepting a specific cosmopolitan conception of justice is insufficient to settle global distributive questions. (shrink)

When exercising their public health powers, states claim various rights against their subjects and aliens. The paper considers whether public health considerations can help justify some of these rights, and explores some constraints on the justificatory force of public health considerations. I outline two arguments about the moral grounds for states’ rights with regard to public health. The principle of fairness emphasizes that those who benefit from public health measures ought to contribute their fair share in upholding them. Alternatively, states’ (...) rights might be justified by a natural duty of justice to uphold and not to obstruct institutions implementing public health policies. I indicate some reasons for preferring the latter justification. I further argue that the assignment of some rights to states via public health-based justification is undermined on several counts. Domestic political institutions cannot effectively perform some of their functions in protecting public health. Furthermore, transborder public health threats pose collective action problems at the global level. Finally, concerns about human rights work against the assignment of some rights to states. I conclude by arguing that these concerns call for global coordination, and that some rights claimed by states ought instead to be assigned to global institutions. (shrink)

Is democracy necessarily bound to territorial spaces and boundaries, or can democratic processes and institutions dispense with territorial ties? To answer this question, which arises, for example, in debates about democracy beyond the state, this article reconstructs conceptions of territory influential in democratic theory, as well as in recent debates on transnational citizenship and territorial rights. It establishes the container-space, social-space, and place conceptions of territory, and negotiates a nuanced and multi-dimensional understanding of territorial spaces and boundaries and their relations (...) to democracy. Based on this conception, democracy does not necessarily depend on (a) territory. Neither, however, should this connection be dismissed lightly. Instead, proponents of both the preservation and the loosening of ties between democracy and territory need to answer two distinct, yet complementary questions concerning (1) the justification of territorial spaces and boundaries as social spaces, and (2) the functions they fulfil as container spaces. Exclusive place conceptions of territory, however, are not consistent with the proposed understanding of territory. In the final part, this article negotiates institutional perspectives for plural democratic spaces and boundaries by briefly reviewing theoretical sketches on democracy beyond the state, as well as developing constellations of nested political spaces within the European context. (shrink)

Is democracy necessarily bound to territorial spaces and boundaries, or can democratic processes and institutions dispense with territorial ties? To answer this question, which arises, for example, in debates about democracy beyond the state, this article reconstructs conceptions of territory influential in democratic theory, as well as in recent debates on transnational citizenship and territorial rights. It establishes the container-space, social-space, and place conceptions of territory, and negotiates a nuanced and multi-dimensional understanding of territorial spaces and boundaries and their relations (...) to democracy. Based on this conception, democracy does not necessarily depend on (a) territory. Neither, however, should this connection be dismissed lightly. Instead, proponents of both the preservation and the loosening of ties between democracy and territory need to answer two distinct, yet complementary questions concerning (1) the justification of territorial spaces and boundaries as social spaces, and (2) the functions they fulfil as container spaces. Exclusive place conceptions of territory, however, are not consistent with the proposed understanding of territory. In the final part, this article negotiates institutional perspectives for plural democratic spaces and boundaries by briefly reviewing theoretical sketches on democracy beyond the state, as well as developing constellations of nested political spaces within the European context. (shrink)

It is normally taken for granted that states have a right to control immigration into their territory. When immigration is raised as a normative issue two questions become salient, one about what the right to exclude is, and one about whether and how it might be justified. This paper considers the first question. The paper starts by noting that standard debates about immigration have not addressed what the right to exclude is. Standard debates about immigration furthermore tend to result either (...) in fairly strong cases for open borders or in denials that considerations of justice apply to immigration at all, which results in state discretion positions. This state of debate is both theoretically unsatisfactory and normatively implausible. The paper therefore explores an alternative approach to the right to exclude immigrants from the perspective of recent debates about the territorial rights of states. The right to exclude claimed by states is analysed and it is shown to differ both conceptually and normatively from rights to impose political authority within a territory. The paper finally indicates how this analysis might broaden the focus of debates about immigration and suggest alternative regimes of migration regulation the possibility of which is obscured by traditional justice approaches. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 3, Page 291-312, August 2022. Across North America, Europe and Latin America, multiple sub-state jurisdictions have declared themselves to be migrant “sanctuaries”. By adopting sanctuary status, sub-state jurisdictions signal their welcoming attitude towards migrants as well their opposition to the state-level policies that target them for exclusion. In this article, I examine the place of sanctuary in the broader literature of political resistance and opposition in democratic states, and then whether it can be (...) justified all things considered. I locate my examination in the political theory of federalism, to identify an expectation of cooperation – which, it appears, sanctuary jurisdictions are refusing to accept, usually with respect to immigration enforcement efforts. I refer to this form of opposition as “democratic non-cooperation” and identify its key features. I describe a “cooperation continuum”, to suggest that non-cooperation takes four main forms – evasion, non-engagement, disruption and obstruction – which I describe both in general terms and in relation to sanctuary practices in particular. Finally, I observe that the form of opposition that sanctuary is, is not limited to sanctuary: that is, there are other cases of this form of opposition in other policy domains, and moreover, not all of the objectives taken by those who deploy this form of opposition are progressive. Ultimately, this article's central contribution is to fleshing out modes of opposition in democratic spaces in general, by examining the morality of sanctuary actions taken around the world. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 3, Page 291-312, August 2022. Across North America, Europe and Latin America, multiple sub-state jurisdictions have declared themselves to be migrant “sanctuaries”. By adopting sanctuary status, sub-state jurisdictions signal their welcoming attitude towards migrants as well their opposition to the state-level policies that target them for exclusion. In this article, I examine the place of sanctuary in the broader literature of political resistance and opposition in democratic states, and then whether it can be (...) justified all things considered. I locate my examination in the political theory of federalism, to identify an expectation of cooperation – which, it appears, sanctuary jurisdictions are refusing to accept, usually with respect to immigration enforcement efforts. I refer to this form of opposition as “democratic non-cooperation” and identify its key features. I describe a “cooperation continuum”, to suggest that non-cooperation takes four main forms – evasion, non-engagement, disruption and obstruction – which I describe both in general terms and in relation to sanctuary practices in particular. Finally, I observe that the form of opposition that sanctuary is, is not limited to sanctuary: that is, there are other cases of this form of opposition in other policy domains, and moreover, not all of the objectives taken by those who deploy this form of opposition are progressive. Ultimately, this article's central contribution is to fleshing out modes of opposition in democratic spaces in general, by examining the morality of sanctuary actions taken around the world. (shrink)

It is by now widely agreed that a theory of territorial rights must be able to explain attachment or particularity: what can link a particular group to a particular place with the kind of normative force necessary to forbid encroachment or colonization?1 Attachment is one of the pillars on which any successful theory of territory will have to stand. But the notion of attachment is not yet well understood, and such agreement as does exist relies on unexamined assumptions. One such (...) assumption is that attachment is an achievement of some sort, as opposed to some kind of brute ascriptive status that a claimant has irrespective of anything it might do.But achievements do not come for free. 'Achievement' is a success .. (shrink)

Daniel Kofman | : La littérature philosophique récente concernant les droits juridictionnels suppose qu’on puisse les justifier par une « théorie des droits territoriaux », sans faire appel à une théorie de l’autodétermination. Or les principes d’autodétermination des peuples devraient déterminer les principes des frontières juridictionnelles, et non le contraire. Les « droits territoriaux » sont essentiellement des droits de gouvernance, lesquels découlent eux-mêmes des principes d’autodétermination. Pour défendre ces thèses, je critique les arguments de Brilmayer, Simmons, et Stilz. | (...) : Recent philosophical literature on jurisdictional rights assumes they can be justified by a “theory of territorial rights” without a theory of self-determination. However, principles of self-determination of peoples should determine principles of jurisdictional boundaries, not the contrary. “Territorial rights” are essentially rights of governance, which derive from principles of self-determination. I support these theses by criticising arguments of Brilmayer, Simmons and Stilz. (shrink)

This essay attempts to clarify the distinction between property and sovereignty, and to bring out the importance of that distinction to a liberal nationalism. Beginning with common intuitions about what distinguishes our rights to our possessions from the state's rightful governance over us, it proceeds to explore some historical sources of these intuitions, and the importance of a sharp distinction between ownership and governance to the rise of liberalism. From here, the essay moves into an exploration of group ownership, and (...) the ways in which group ownership can in practice turn into an illiberal kind of sovereignty The point is to shed new light on problems that nationalist states — states purporting to represent or foster a particular group identity — characteristically face. Examples of these problems, from the Israel/Palestine conflict, are put forth in the conclusion. (shrink)

Inhabitants of low-lying islands flooded due to anthropogenic climate change will lose their territory and thereby their ability to exercise their right to political self-determination. This paper addresses the normative questions which arise when climate change threatens territorial rights. It explores whether the loss of statehood supports a claim to territorial compensation, and if so, how it can be satisfied. The paper concludes that such claims are well founded and that they should be met by providing compensatory territories. After introducing (...) a differentiation between land rights and territorial rights, previous theoretical responses to the problem of sinking islands are criticized. It is argued that states may be required to give up parts of their territory as compensation. The paper develops criteria of sufficiency for compensatory territories and proposes to base their selection process on a negative auction. Since it is unlikely that unsettled compensatory territories that meet the specified requirements are available, the rights of their original inhabitants are discussed. (shrink)

In this paper, we discuss Armstrong’s account of attachment-based claims to natural resources, the kind of rights that follow from attachment-based claims, and the limits we should impose on such claims. We hope to clarify how and why attachment matters in the discourse on resource rights by presenting three challenges to Armstrong’s theory. First, we question the normative basis for certain attachment claims, by trying to distinguish more clearly between different kinds of attachment and other kinds of claims. Second, we (...) highlight the need to supplement Armstrong’s account with a theory of how to weigh different attachment claims so as to establish the normative standing that different kinds of attachment claims should have. Third, we propose that sustainability must be a necessary requirement for making attachment claims to natural resources legitimate. Based on these three challenges and the solutions we propose, we argue that attachment claims are on the one hand narrower than Armstrong suggests, while on the other hand they can justify more far-reaching rights to control than Armstrong initially considers, because of the particular weight that certain attachment claims have. (shrink)

Nationalism seems a persistent ideology in academia as much as in politics; despite the fact that it has been shown that nationalism is deeply unjust for minorities. A case for national identity is often invoked to supplement liberalism regarding the inner difficulties that liberal theories have to explain their membership, assure stability and produce endorsement. So, it seems that national identity may also be required for justice. While this controversy continues, I argue that a different approach is available. We can (...) define a conception of legitimacy independently from a conception of justice, and then ask what legitimacy requires from our national allegiances. If everything goes well, much of the controversy from justice disappears as we find that the case for cultural nationalism may be illegitimate for liberal democracies. (shrink)

On social equality, individuals ought to relate on terms of equality. An important issue concerning this theory, which has not received much attention, is its scope: which individuals ought to relate on egalitarian terms? The answer depends on the theory’s grounds: the basis upon which demands of social equality arise when they do. In this chapter, I consider how we ought to construe the scope and the grounds of social equality. I argue that underlying the considerations social egalitarians advance for (...) taking demands of social equality to arise in the context of the state are relational facts that can obtain beyond state borders. So, my argument suggests an account of the grounds of social equality, and this account provides support for the scope of social equality potentially transcending the state. (shrink)

The following essay argues that Transnational Civil Disobedience may be justified when it is applied to questions relating to global climate change. Civil Disobedience as a politically motivated form of lawbreaking posits questions regarding political obligation and citizenship and such questions are amplified when applied to the transnational level.Furthermore, this essay focuses on the influential account of Civil Disobedience as it has been formulated by John Rawls. The writer argues that there are potential issues with this formulation when it is (...) applied outside of the greater scope of Rawls’s work. Instead, the essay argues for a formulation of Civil Disobedience that includes a politicizing feature, and to view it as an extra institutional form of political discourse that is detached from notions of state belonging.Finally, it is argued that the All Affected Principle may be used as a necessary condition for justifying acts of Transnational Civil Disobedience. The nature of Global Climate change as an event that affects the human race as a whole, gives rise to the potential for non-citizens to claim a level of political agency in matters that affect them despite lacking formal representation. (shrink)

En este trabajo se pide suponer que algo está mal con el colonialismo, con lo cual se hace una revisión de las principales posturas que intentan justificarlo, para mostrar que no resuelven correctamente ciertos cuestionamientos.

Justifications for state authority are typically directed towards the good of those subject to that authority. But, because of their territorial nature, states exercise coercion not only towards insiders but also towards non-members. Such coercion can take the form of denying outsiders the right to enter a territory or to settle in it permanently, as well as various restraints on trade and association. When coercion is directed at insiders, it often comes packaged with various claims about distributive justice, including claims (...) to the effect that being subject to coercion entitles citizens to certain distributive guarantees (social minimum, difference principle). This paper asks three questions: can states acquire the moral right to coerce non-citizens (including in the form of a denial of the right to traverse or enter territory)? are outsiders ever morally bound to submit to the commands of states along these lines? does the right coercively to exclude outsiders bring with it any distributive obligations similar to those entailed by the state’s subjection of co-citizens? The possibility that a right to exclude must be coupled with a duty of compensation to those excluded will be canvassed. (shrink)

In this paper, I examine whether Wenar's Bloody Oil ( 2016) succeeds in providing a theory able to accommodate the statist commitment to peoples’ sovereignty without dismissing the cosmopolitan concern regarding a just global market. Contextualising Blood Oil within the broader debate on global justice and resource ownership, I focus on some specific aspects of Wenar’s Clean Trade scheme and explain why it comes to quite radical conclusions. Yet, if these conclusions are taken seriously, Clean Trade seems too demanding from (...) the point of view of a statist account of justice. For cosmopolitans, too, the lack of normative justification for any alleged national resource sovereignty might weaken this position, especially for those who might oppose arguments to justify different forms of resource ownership. I will therefore discuss two problems with Wenar’s theory. First, I will show that, in spite of its statist premises, Wenar’s radical conclusions hardly pass the test of anti-paternalism. Is the Clean Trade scheme able to accommodate the demand of pluralism emerging in the Society of Peoples? Second, I focus on an issue that is neglected in Wenar’s book and which refers directly to the normative basis of resources ownership. I argue that this is a crucial issue, especially in contexts where the traditional idea of national sovereignty is contested, which often occurs in resource-cursed societies. (shrink)