Abstract

This chapter considers the problems of adjudicating between rival claims to territory, drawing boundaries around jurisdictional units, and creating institutional arrangements that embody the principles developed thus far. It explores the implications of the collective moral right of occupancy in establishing heartlands of groups and argues that these heartlands are useful to demarcate boundaries between self-determining peoples and territories. It suggests that neither democratic theory nor justice theory can be usefully applied to the issue of drawing boundaries. After considering questions of occupancy—its meaning, scope, and implications for territorial claims—the chapter concludes that the moral occupancy principle can identify ‘heartlands’ of groups but is indeterminate in certain cases. It also considers the implications of this argument for secessionist claims and for rival claims to the same territory, looking specifically at the historically contested areas of Northern Ireland, Kashmir, and Kurdish northern Iraq.