In this essay, I develop a critique of the linguistic territoriality principle, which states that, for reasons related to the value of language identity, language groups should be territorially accommodated. While I acknowledge the desirability of implementing a linguistic territoriality principle in some specific cases, I claim that this principle is in general inappropriate for the 'post-Westphalian' linguistic world in which we live. I identify, analyze and reject two distinct justifications for the linguistic territoriality (...) principle: the Linguistic Context justification and the Language Survival justification. Finally, I argue for different means of giving political recognition to the fact that most people value their language as an importance source of identity. This alternative theory sets out to officially recognize multiple languages in a given territory. (shrink)

This article presents an attempt to approach the dispute over Kosovo between Serbs and Albanians from a non-territorial perspective, with particular focus on the preservation of the Serbian cultural and religious heritage. First, we argue that the Kosovo issue is at present commonly understood as an either-or territorial dispute over sovereignty and recognition between Serbian and Kosovo Albanian politicians. However, we claim that a lasting resolution to the Kosovo issue actually needs to account for at least three separate aspects: 1) (...) status of Northern Kosovo which is ethnically Serbian and still maintains various ties with the Serbian state, 2) status of Serbian cultural and religious heritage, chiefly UNESCO world heritage Serbian medieval monasteries and churches and 3) the fact that the Serbian population in central Kosovo, i.e. south of the river Ibar, where most of the mentioned monasteries and churches are located, are located in small municipalities or enclaves of Serbs surrounded by vast Albanian populations. We examine the applicability of the non– territorial approach to the Kosovo issue by analyzing the normative framework directly regulating the Serbian cultural and religious heritage in Kosovo, its preservation and protection, particularly of Serbian Orthodox monasteries, churches and other historical and cultural sites, while comparing these regulations to the existing normative NTAs in Croatia and Montenegro. Arguably, since most Serbian monasteries and churches are not included in any sovereignty negotiations, we point to the potential to combine territorial and non–territorial approaches, regardless of the continued obstacles in implementation arising from continued contestation of Kosovo’s sovereign status. This article presents an attempt to approach the dispute over Kosovo between Serbs and Albanians from a non-territorial perspective, with particular focus on the preservation of the Serbian cultural and religious heritage. First, we argue that the Kosovo issue is at present commonly understood as an either-or territorial dispute over sovereignty and recognition between Serbian and Kosovo Albanian politicians. However, we claim that a lasting resolution to the Kosovo issue actually needs to account for at least three separate aspects: 1) status of Northern Kosovo which is ethnically Serbian and still maintains various ties with the Serbian state, 2) status of Serbian cultural and religious heritage, chiefly UNESCO world heritage Serbian medieval monasteries and churches and 3) the fact that the Serbian population in central Kosovo, i.e. south of the river Ibar, where most of the mentioned monasteries and churches are located, are located in small municipalities or enclaves of Serbs surrounded by vast Albanian populations. We examine the applicability of the non– territorial approach to the Kosovo issue by analyzing the normative framework directly regulating the Serbian cultural and religious heritage in Kosovo, its preservation and protection, particularly of Serbian Orthodox monasteries, churches and other historical and cultural sites, while comparing these regulations to the existing normative NTAs in Croatia and Montenegro. Arguably, since most Serbian monasteries and churches are not included in any sovereignty negotiations, we point to the potential to combine territorial and non–territorial approaches, regardless of the continued obstacles in implementation arising from continued contestation of Kosovo’s sovereign status. (shrink)

Much has been written about the free energy principle (FEP), and much misunderstood. The principle has traditionally been put forth as a theory of brain function or biological self-organisation. Critiques of the framework have focused on its lack of empirical support and a failure to generate concrete, falsifiable predictions. I take both positive and negative evaluations of the FEP thus far to have been largely in error, and appeal to a robust literature on scientific modelling to rectify the (...) situation. A prominent account of scientific modelling distinguishes between model structure and model construal. I propose that the FEP be reserved to designate a model structure, to which philosophers and scientists add various construals, leading to a plethora of models based on the formal structure of the FEP. An entailment of this position is that demands placed on the FEP that it be falsifiable or that it conform to some degree of biological realism rest on a category error. To this end, I deliver first an account of the phenomenon of model transfer and the breakdown between model structure and model construal. In the second section, I offer an overview of the formal elements of the framework, tracing their history of model transfer and illustrating how the formalism comes apart from any interpretation thereof. Next, I evaluate existing comprehensive critical assessments of the FEP, and hypothesise as to potential sources of existing confusions in the literature. In the final section, I distinguish between what I hold to be the FEP—taken to be a modelling language or modelling framework—and what I term “FEP models.”. (shrink)

The article discusses the issue of realisation of the principles of legitimate expectations, legal certainty and legal security in the specific area of administrative activity – detailed territorial planning process. During this long and complex process, it is very important to ensure the protection of personal constitutional rights and guarantee the security of legitimate expectations, legal certainty and other essential principles. The article analyses the circumstances conditioning violation of the principles of legitimate expectations, legal security and legal certainty and provides (...) suggestions on the improvement of legal framework in order to avoid these violations. (shrink)

Territory loss and uninhabitability characterize the current environmental background conditions of the international state system. Such conditions present pressing moral questions about our obligations to protect those who are displaced by anthropogenic climate change. By virtue of our participation in the territorial state system, understood as a social practice, we have principled grounds to address some of the consequences of the uninhabitability conditions brought on by climate change. By assuming territorial instability and employing a practice-based method of justification we can (...) identify a fundamental, basic right protected under the state system – the right to a livable locality – which grounds a moral obligation to protect against climate change-induced displacement. Assuming territorial instability and uninhabitability compels us to recognize that the causes generating climate-displacement are not merely natural but rather deeply political and that displacement is a foreseeable failure that results because of the state system’s organizational structure. (shrink)

Liberal defences of nationalism have become prevalent since the mid-1980 s. Curiously, they have largely neglected the fact that nationalism is primarily about land. Should liberals throw up their hands in despair when confronting conflicting claims stemming from incommensurable national narratives and holy texts? Should they dismiss conflicting demands that stem solely from particular cultures, religions and mythologies in favour of a supposedly neutral set of guidelines? Does history matter? Should ancient injustices interest us today? Should we care who reached (...) the territory first and who were its prior inhabitants? Should principles of utility play a part in resolving territorial disputes? Was John Locke right to argue that the utilisation of land counts in favour of its acquisition? And should Western style settlement projects work in favour or against a nation s territorial demands? When and how should principles of equality and equal distribution come into play? Territorial Rights examines the generic types of territorial claims customarily put forward by national groups as justification for their territorial demands, within the framework of what has come to be known as liberal nationalism . The final outcome is a multifarious theory on the ethics of territorial boundaries that supplies a workable set of guidelines for evaluating territorial disputes from a liberal-national perspective, and offers a common ground for discussion (including disagreement) and for the mediation of claims. (shrink)

This chapter further explores and defends the conception of natural resource justice composed of the principle of collective self-determination and the (lexically prior) basic needs principle. It explains the lexical ordering of the principles and the nature and scope of the resource claims they legitimize. It then discusses how the two principles will work in tandem to support a system of limited territorial jurisdiction over natural resources, and several forms such limits can be predicted to take. A brief (...) explanation of how this account might be integrated into a broader theory of justice concerning other morally significant goods is provided. In response to the objection that this conception of justice is really a form of sufficientarianism, the view is portrayed as a theory of relational egalitarianism for natural resources. A response is also given to the objection that the theory is problematically ideal in the sense that it lacks feasibility. (shrink)

Scholars concerned with abuses of the “resource privilege” by the governments of developing states sometimes call for national sovereignty over the natural resources that lie within its borders. While such claims may resist a key driver of the “resource curse” when applied to mineral resources in the ground, and are often recognized as among a people’s territorial rights, their implications differ in the context of climate change, where they are invoked on behalf of a right to extract and combust fossil (...) fuels that is set in opposition to global climate change mitigation imperatives. Moreover, granting full national sovereignty over territorial carbon sinks may conflict with commitments to equity in the sharing of national mitigation burdens, since much of the planet’s carbon sink capacity lies within territorial borders to which peoples have widely disparate access. In this paper, I shall explore this tension between a global justice principle that is often applied to mineral resources and its tension with contrary principles that are often applied to carbon sink access, developing an analysis that seeks to reconcile what would otherwise appear to be fundamentally incompatible aims. (shrink)

This chapter offers a brief contextualization of the key terms space, territory, and geography. It examines some of Foucault's most well‐known and overt engagements with geography including the heterotopia and spatial partitioning. The chapter explores how Foucault went beyond these concepts to more richly worked geographical analyses in three areas: health, discipline, and governmentality. One of Foucault's most well‐known discussions is the treatment he gives to the panopticon in Discipline and Punish, the architectural principle associated with the English social (...) reformer Jeremy Bentham in the late eighteenth century. Foucault's “spatial combat” is not the hidden key to his work, but rather an aspect that he turned to throughout his life as a tool of analysis in order to think through power/knowledge. (shrink)

This article deals with the territorial claims of Armenia against Azerbaijan and the diplomatic struggle among related parties after the establishment of independent states in the South Caucasus. Azerbaijani and Armenian delegations at the Istanbul conference on Armenia's territorial claims, and at the same time, details of the negotiations between the diplomatic representatives of the two countries in Tbilisi have been illustrated according to the documents of the archives of Azerbaijan and Turkey and materials from the Istanbul press in 1918. (...) The scale of the territorial claims of Armenia and the arguments referenced by Armenians have been identified. Also, contrary arguments made by the Azerbaijani side against these allegations have been interpreted. Archival documents, notes, and statements of the parties presented on the problem were brought into scientific circulation for the first time. It was concluded that the total territory of Armenia, whose independence was declared on May 30, 1918, was only 9000 km2. This territory was also given to Armenia under a number of conditions. After the declaration of independence, Armenia made territorial claims against all states with which it has a territorial border. The total volume of Armenia's territorial claims is 43500 km2, of which 17600 km2 is directed against Turkey, 16500 km2 against Azerbaijan, and 9400 km2 against Georgia. Armenia referred to racial-national principles, Azerbaijan to ethnic-religious and geographical principles, and Georgia to historical principles to resolve disputed territorial-border issues between South Caucasus republics. The position and behavior of Armenia did not allow to resolve the disputed territorial and border issues between the South Caucasus republics. (shrink)

The most massive example of linguistic injustice is arguably provided by the increasing dominance of English, both within Europe and worldwide. One dimension of this injustice can be characterised in terms of unequal dignity. In order to address linguistic injustice in this sense, the most promising strategy consists in implementing a linguistic territoriality regime, i.e. a set of legal rules that constrain the choice of the languages used for purposes of education and communication. © 2010 Taylor & Francis.

Territorial rights come with both costs (war, inequality and oppression) and benefits (political participation, coordinated use of resources). The immense importance of these normative aspects of territorial rights solidifies our need for a principled theory of territory. With globalisation and transnational interactions, a cosmopolitan account of territorial rights is required – it should justify territorial authority generally. This generalised justification must also provide an account of the special, normative relationship that certain groups have with certain lands and resources, providing groups (...) with special claims to particular lands. Since democratic theory values territoriality for its necessary relationship to equality and individual autonomy, a comprehensive democratic account of territorial rights presents a real possibility for explaining territorial claims from cosmopolitan ideals. Unfortunately, democratic accounts of territoriality suffer a serious drawback; they cannot give a comprehensive account of self-determination rights over particular land and resources. On the contrary, democratic theory addresses only persons – how they should be treated and how their associations should be organised. The first half of this article explains how democratic accounts of self-determination are wanting in specific ways. The second half presents an alternative account of the right of self-determination and territorial rights as a feature of compromise. Because compromise is an essential element of democracy and an important element of justice, it can be used to explain the unique connection that democracies have with a particular territory. Through this theory of compromise, we can explain the scope, longevity and breadth of a democracy's territorial rights from cosmopolitan ideals. However, this account has acute limitations. As merely an initial sketch of theoretical connections between democracy and territory, it does not yet offer an account of the complicated territorial issues of transnational democratic associations. In fact, the theory from compromise reveals a vital obstacle for the establishment of borders, especially in cases of possible secession. (shrink)

When officials of some political society portray their state as legitimate - and when do they not! - they intend to be laying claim to a large body of rights, the rights in which their state's legitimacy allegedly consists. The rights claimed are minimally those that states must exercise if they are to retain effective control over their territories and populations in a world composed of numerous autonomous states. Often the rights states are trying to claim in asserting their legitimacy (...) go far beyond this minimum. But whether a state's claims are modest or extravagant, the rights claimed invariably fall into three categories. The first category is a set of rights held over or against those persons who fall within the state's claimed legal jurisdiction - what I will call rights over subjects. The second is a set of rights claimed against those persons without the state's jurisdiction - what we can call rights against aliens. And the third category is a set of rights held over a particular geographical territory (whose extent largely determines the scope of the state's jurisdiction) - call these rights over territory. The rights states claim in these three categories jointly define their conception of the sovereignty that they (or their governments or institutions) enjoy, sovereignty that is more extensive (strong, absolute) as the rights asserted in these categories are more numerous and wide-ranging. It is principally on the third of these categories - on the nature and possible moral bases for the claims states make over geographical territories - that I will focus in this essay. The modern state is a territorial entity, and it claims to be legitimately so. Sidgwick was surely correct when he wrote that "it seems essential to the modern conception of a State that its government should exercise supreme dominion over a particular portion of the earth's surface ... Indeed, in modern political thought the connection between a political society and its territory is so close that the two notions almost blend." Common sense seems to view the territoriality of the modern state as natural and unquestionable. That, perhaps, explains why so little has been written, either by contemporary theorists or by the authors of the classics of modern political philosophy, on the moral bases of the modern state's claimed rights over territory. States typically claim not only legal authority over their territories (i.e., that their rights over those territories should be affirmed by international law), but moral authority as well - at the very least insofar as the relevant principles of international law are thought themselves to have moral weight. My concern here, then, will be with the possible moral bases for the kinds of claims made over geographical territories by typical modern states. (shrink)

Peter Fitzpatrick’s writings prove once and for all that it is possible for a law professor to write in beautiful English. His work also proves once and for all that the dominating tradition of Anglo-American legal philosophy and of law teaching has been barking up the wrong tree: namely, that the philosopher and professional law teachers can understand justice as nested in empty forms, better known as rules, doctrines, principles, policies, and other standards. The more rigorous our analysis or decomposition (...) of the forms, we have believed, the more closely do we access the identity of laws. Justice has been assumed to be a matter of intellectually accessing such analysed forms. Fitzpatrick’s articles and books embody an implicit critique of the analytic view of law and of justice. My entry point into this critique is his preoccupation with Jacques Derrida’s theory of laws as universals and with Derrida’s theory of justice as an inaccessible immediacy or presence in context-specific or concrete experienced events. Each event is experienced in an official’s decision. Such a decision represents what Derrida, Fitzpatrick, and Hegel call ‘individuality’. -/- Derrida’s theory of law presents a conundrum. Derrida misses the possibility that law may exist by virtue of its content rather than its form. Derrida misses this possibility because, heavily influenced by Kant (in Derrida’s theory of law), Derrida associates law with universals. This is so because Kant (and Derrida) are preoccupied with the identity of what counts as a law (lois) rather than with a law’s legitimacy. A universal cannot exist unless it is legitimate, and it is legitimate, I claim, by virtue of its content. In his association of law with universals, Derrida presupposes that legal knowledge exists with reference to a territorial-like boundary. The forms are represented or signified by signs (signifiers) within a boundary of the ultimate form (the state, the nation, or humanity). This ultimate form as a universal, like the discrete rules or forms, lacks socially contingent content. A boundary separates knowable universals from the unknowable world on the exteriority of the boundary. The unknowable world is constituted by concrete events experienced in context-specific circumstances. In his legal theory Derrida hones in upon the decision as the experienced event. In a decision, one is present or immediate with the event. Derrida considers such immediacy as justice. The immediacy, however, can only be represented as a sign (sometimes called a signifier). The sign, in turn, represents an empty signified or form, according to Derrida. Because the immediacy remains a representation rather than a presentation of the experienced event, laws as universals cannot be just. The rupture between the inaccessible immediacy of a decision on the one hand and the represented empty forms on the other is critical to Derrida’s theory of law. -/- I claim that this rupture permeates Derrida’s writings about law because Derrida possesses a territorial-like sense of legal knowledge. I shall argue to this effect as follows. In the first section I shall explain the importance of Fitzpatrick’s exposure of the vacuity of the foundation of the system or structure of universals. In the second section I shall flesh out two elements of Derrida’s legal theory: law as form and the ipseity or concrete event that the form excludes from law. This takes me to the third section, where I shall elaborate how Derrida’s legal theory presupposes knowledge as territorial. I shall argue in the final section that this very sense of territorial knowledge prevents justice from accessing law and law from accessing justice. I conclude with the hint of a very different sense of law, one that draws from experiential knowledge in contradistinction to territorial knowledge. (shrink)

Is territorial jurisdiction over natural resources justified? This paper argues that a freedom-based account of self-determination coupled with ‘functionalist’ justifications of territorial right support territorial jurisdiction over natural resources. This justification simultaneously gives rise to limits on the permissible exercise of the right: the principles of reciprocity and generality, and of equal freedom. This ‘reciprocal’ view on territorial jurisdiction over natural resources, defended here, differs from two alternatives: the traditional sovereignty view on the one hand and the transnational jurisdiction view—which (...) favours the transfer of sovereignty over natural resources from states to transnational institutions—on the other hand. (shrink)

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)

On June 5-7, 1998, in the city of Ostroh, Rivne Oblast, on the basis of the Ostroh Academy, the IV International Scientific and Practical Conference "Educating the Younger Generation on the Principles of Christian Morality in the Process of the Spiritual Revival of Ukraine" was held. This year she was devoted to the topic "The Bible on the Territory of Ukraine". About 400 philosophers, psychologists and educators from many Ukrainian cities, as well as philosophers and educators from Belarus, Canada, Poland, (...) Russia, the USA, Turkey and Sweden participated in her work. The conference was attended by theologians and priests of all Christian denominations of Ukraine. (shrink)

The key assumption behind evolutionary epistemology is that animals are active learners or ‘knowers’. In the present study, I updated the concept of natural learning, developed by Henry Plotkin and John Odling-Smee, by expanding it from the animal-only territory to the biosphere-as-a-whole territory. In the new interpretation of natural learning the concept of biological information, guided by Peter Corning’s concept of “control information”, becomes the ‘glue’ holding the organism–environment interactions together. The control information guides biological systems, from bacteria to ecosystems, (...) in the process of natural learning executed by the universal algorithm. This algorithm, summarized by the acronym IGPT (information-gain-process-translate) incorporates natural cognitive methods including sensing/perception, memory, communication, and decision-making. Finally, the biosphere becomes the distributed network of communicative interactions between biological systems termed the interactome. The concept of interactome is based on Gregory Bateson’s natural epistemology known as the “ecology of mind”. Mimicking Bateson’s approach, the interactome may also be designated “physiology of mind”—the principle behind regulating the biosphere homeostasis. (shrink)

ABSTRACTJacques Lacan studied Chinese classics and received much inspiration from Zhuangzi. This paper concentrates on the comparative study of morality in those two thinkers from three connecting levels, namely, nature as the source of ethical codes, reason as the means to arrive at the ethical state, and pleasure as the ultimate purpose of morality. The investigation into the topic is enlightening for posthuman morality. Zhuangzi’s idea of the poetics of oneness inspires the Lacanian concept of the Real and ushers us (...) into a new territory to rethink animal rights. (shrink)

The desire to defend a state against attacks by a non-state actor requires thinking about counter-attacking without violating the sovereign equality of the territorial state because targeting a non-state actor on the territory of that state may violate its sovereignty. This paper evaluates the main views on self-defense by states against non-state actors by studying the Just War Theory and argues that self-defense against a non-state actor is allowed if the counter-attack complies with the principle of sovereign equality. Sovereign (...) equality is the prohibition of states from dominion over other states because states are equal to one another. This principle can be respected by allowing self-defense against non-state actors to occur only if the state consented to the use of force on its territory or if that state is incapable of controlling or unwilling to control the non-state actor. (shrink)

In this bracing book, Fish argues that there is no realm of higher order impartiality--no neutral or fair territory on which to stake a claim--and that those ...

A central task of climate justice is to agree upon a just distribution of the right to emit greenhouse gases. According to the equal per capita shares view, the right to emit should be divided equally between every inhabitant of Earth, since to emit is to use up the resource of atmospheric absorptive capacity, and this is a resource to which no one person has any stronger claim than any other. The fact that a significant proportion of the Earth’s ability (...) to absorb and sequester greenhouse gases actually comes not from the atmosphere, but from terrestrial climate sinks that are located within national borders, and that are therefore plausibly subject to legitimate territorial claims, poses a serious challenge to the intuitive egalitarian simplicity of the equal per capita shares view. A defence of this view, then, is tantamount to a defence of the redistribution of terrestrial sink capacity, and therefore must involve either (1) an argument against the legitimacy of territorial claims to terrestrial sink capacity, or (2) an argument for why legitimate territorial claims to terrestrial sink capacity should nevertheless be ignored in favour of an equal per capita distribution of emissions shares. One strategy for doing so involves applying Charles Beitz’s resource redistribution principle to terrestrial sink capacity. Some authors have argued that this strategy will fail due to important differences between the nature of ‘conventional’ natural resources, and the nature of a resource link climate sink capacity. In this paper, I consider five arguments to this effect that seek to establish the legitimacy of territorial claims to terrestrial sink capacity. Respectively, they appeal to attachment, identity, self-determination, improvement and fairness in order to do so. I argue that each one either fails to establish the legitimacy of territorial claims to terrestrial sink capacity, or, where they do plausibly establish legitimacy, they do so in a way that renders them vulnerable to type-(2) objections that suggest territorial claims to terrestrial sink capacity should nevertheless be ignored. I conclude that, if one is willing to adopt the resource redistribution principle, a just distribution of emissions shares need not respect territorial claims to terrestrial sink capacity. (shrink)

Economic development approaches are increasingly entailing local geographic scales and encouraging the mobilization and organization of territorial actors given local conditions and resources. Lebanon is a country facing frequent uncertainty with recent economic and social difficulties. Its popular cuisine may play a key role in its development and that of its rural space. In fact, that cuisine incorporates a traditional cultural practice called “Mouneh” which consists of preserved pantry foods, historically used to ensure household nutrition. Today, rural food cooperatives are (...) engaging in that practice using agricultural produce from local farmers and are employing women. Despite strong internal and external challenges, they remain attractive actors as their principles of collective benefit, participation and democracy form a strong link with sustainable development goals. This study transversally analyzes the status of food cooperatives in a major agricultural region in Lebanon, the Bekaa valley. Findings mainly quantified size and production and provided a mapped representation of the spatial dependencies on local farmers versus urban markets for trade. With 75% women members and firm reputation in authenticity, food cooperatives in the Bekaa specifically and Lebanon generally are also extensively supported by donors but are being labeled as donor-dependent. Yet, cooperatives are localized in a largely agricultural territory with sufficient evidence of differentiation that could potentially be valorized. Hence, with optimal framing, regulation and networking of cooperatives, one can assume a protection of culinary heritage is possible with scalable contribution to food security and needed local development given major recent setbacks. (shrink)

The goal of this paper is methodological. It offers a comprehensive mapping of the theoretical positions on the ethical criticism of art, correcting omissions and inadequacies in the conceptual framework adopted in the current debate. Three principles are recommended as general guidelines: ethical amenability, basic value pluralism, and relativity to ethical dimension. Hence a taxonomy distinguishing between different versions of autonomism, moralism, and immoralism is established, by reference to criteria that are different from what emerging in the current literature. The (...) mapping is then proved capable of (1) locating the various theories that have been proposed so far and clarifying such theories’ real commitments, (2) having the correct relationship with actual art making and art criticism practices, and (3) showing the real weight of the alleged counter-example to a moralist position of a work that succeeds artistically because of its immorality. (shrink)

The South China Sea territorial dispute has been a contentious issue in the international community. In the course of 3 years, China and the Philippines had undergone arbitral proceedings over the maritime rights and entitlements in the South China Sea. As the Permanent Court of Arbitration reached its decision, this paper aims to examine the interpretation process of the Arbitral Tribunal in the judgment of the South China Sea conflict between China and the Philippines. The primary objective of the study (...) is to reconstruct or explain how the Tribunal came up with its interpretation of the written arguments presented by the parties involved and to distinguish whether such reconstruction the Tribunal has successfully interpreted or made sense of the said arguments and submissions. Doing so would necessitate a pragmatic analysis– the relevance-theoretic account of human communication and cognition. Data analyzed include written submissions and arguments as well as the legal documents used during the arbitral process. Using content analysis, the data were evaluated through applying the tool of interpretation based on the criteria set by the three conditions of the relevance theory: logical condition, pragmatic condition, and condition of optimal relevance. This paper argues that in order for the addressee of an utterance, in this case the Arbitral Tribunal, to attain a successful interpretation, it should meet these three conditions. This study found that the reconstruction of the interpretation based on the three conditions showed that the Tribunal had attained a valid and correct interpretation of the Philippines’ and China’s arguments. Furthermore, the paper asserts that implied conclusion and the contextual assumptions can be a guiding principle for the cognitive comprehension or interpretation of legal texts. (shrink)

There is general agreement that from the first few months of life, our apprehension of physical objects accords, in some sense, with certain principles. In one philosopher's locution, we are 'perceptually sensitive' to physical principles describing the behavior of objects. But in what does this accordance or sensitivity consist? Are these principles explicitly represented or merely 'implemented'? And what sort of explanation do we accomplish in claiming that our object perception accords with these principles? My main goal here is to (...) suggest answers to these questions. I argue that the object principles are not explicitly represented, first addressing some confusion in the debate about what that means. On the positive side, I conclude that the principles supply a competence account, at Marr's computational level, and that they function like natural constraints in vision. These are among their considerable explanatory benefits - benefits endowed by rules and principles in other cognitive domains as well. Characterizing the explanatory role of the object principles is my main project here, but in pursuing certain sub-goals I am led to other conclusions of interest in their own right. I address an argument that the object principles are explicitly represented which assumes that object perception is substantially thought-like. This provokes a jaunt off the main path which leads to interesting territory: the boundary between thought and perception. I argue that object apprehension is much closer to perception than to thought on the spectrum between the two. (shrink)

In the science of administrative and constitutional law, administration science and many other sciences, including political science, it is widely accepted that the basic, inherent feature of a municipality, deciding the essence of the territorial self-government unit as an entity of public administration, is the self-reliance it is entitled to. The self-reliance of territorial self-government units is even defined as a constitutional norm.In principle, self-reliance is perceived as a fundamental attribute of a decentralised public authority and constitutes one of (...) the fundamental systemic principles of the Republic of Poland. It was formulated expressis verbis in art. 165 par. 2 of the Constitution of the Republic of Poland, which states that the self-reliance of territorial self-government units is subject to judicial protection, meaning that TSGUs can defend themselves against illegal attempts, not grounded in the law to interfere in their self-reliance. This protection seems to encompass both the private-law and public-law spheres of territorial self-government activity.The essence and guarantees of territorial self-government units’ self-reliance also arise from other constitutional principles, including the aforementioned decentralisation principle, subsidiarity principle, separation of powers, supremacy of the nation and democratic state under rule of law.The goal of this article is to interpret the principle of municipal self-reliance in the context of constitutional principles of law, in the light of the Polish Constitution. The studies were conducted based on analysis of normative acts, doctrinal views and case law. (shrink)

ABSTRACT The Plurinational Constitutional Court is the final arbiter of legal disputes involving the interpretation and application of the Political Constitution of the Plurinational State of Bolivia (2009) (BC). Its role is especially important given that the BC follows a type of decolonial ‘hybrid’ constitutional model that incorporates the Indigenous concept of Vivir Bien (VB) as part of their legal paradigm. Using tools from Case Law Analysis and Critical Discourse Analysis, this article explores the Court’s judicial interpretation and application of (...) VB and its principles to a legal dispute regarding Indigenous Peoples’ constitutional right to be consulted over government measures impacting their ancestral territories. The results indicate that the judges would foreground and background different aspects of the VB principles to support their views, resorting to their use in a hierarchical form that is not mandated in the BC. This shows a gap between formal incorporation and the practical application of the VB principles. This research informs the fields of legal studies, decolonial thought, and discourse studies. (shrink)

The non-discrimination principle is one of the essential principles in the area of European public and private law too. The importance of this principle also takes a great place in field of company law, especially in the area of “freedom of establishment of the companies” in the European Single Market. Freedom of establishment of companies is closely related to the general concept of “free movement of people, capital, goods and services,” in ESM. In fact, freedom of establishment is (...) a substantive part of the process of creation the internal market in EU. The freedom of establishment is based on the Treaty of the functioning of EU. According to article 49 from TFEU, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. This prohibition also applies to restrictions on setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State. In-depth exploration of this issue is conditioned by the interpretation of the Court of justice of European Union, which embodies the real legal regime of freedom of establishment. Freedom of establishment of companies is closely related to the principles of healthy and fair competition and equal access of the companies too. This article seeks to elaborate fundamental theoretical aspects of this issue, considering certain case - study analyze of CJEU judgements. The main focus is on the non-discrimination principle, legal effects of the CJEU judgments, free market and competitiveness, and finally, determination of the concept of primary and secondary establishment of companies in EU. (shrink)

The core principles of 7th century Korean Buddhist thinker and practitioner Wŏnhyo’s harmonization in non-obstruction thought and Wilberian Integral Theory may help us to understand ourselves and the world better and thus act and live well together accordingly in this contemporary world facing global crises. Whatare particularly noteworthy in Wŏnhyo’s thought and life is that as much as reality is unobstructed (無礙) in its profound calm so can our mode of being and relationships be awakened to its natural harmony free (...) of conflicts (和諍會通). This ideal can be optimally pursued by coming back to the source of One Mind (一心) while extensively benefiting sentient beings. Wŏnhyo consistently pursued and realized this soteriological project through his practice, works, and expediently dedicated life. The most recent version of Wilber’ Integral Theory consists of Integral Approach, Integral Methodological Pluralism, and Integral Post-Metaphysics. Their core principles consist of the AQAL (all quadrants, all levels, all lines, all states, and all types) and holons with their twenty tenets (holonic laws). Extensively utilizing scientific achievements Wilber attempted to map the whole developmental territory of occasions ranging from matter to Spirit or Emptiness and to formulate the Theory of Everything and then apply it to various fields including business, spirituality, and ecology. Within this framework, however, MarkEdwards tried to add an integral epistemology with its interpretive part and to complement Wilber’s more evolutionary ranking ascent with involutionary egalitarian descent. By also critiquing representational—and thus somewhat reifying—tendency of the AQAL framework and proposing to read it as an interpretive lens hesaves Integral Theory from internal conflicts and rendered it more consistent. Being based on experience and vast scholarship both Wŏnhyo’s and Wilberian visions have an integral nature. Whereas Wŏnhyo’s Enlightenment-anchored high vision-logic enabled him to actualize harmonization unobstructedly, backed by scientific achievements as well as his practice Wilber pioneered the AQAL Integral Theory, and then by adding an interpretive dimension Wilber has made it more balanced and consistent system. Now facing the human-caused threats of various global crises as well as the usual complexities of our ordinary life, we need to draw on mankind’s cultural resources including these two spectacular achievements. We may then further develop these soteriological visions in such a way as to satisfy hopefully all justifiable needs of men as well as the world in a futuristic perspective. (shrink)

This article discusses the process of universalization of education in Brazil the count from a specific spatiality - the places on the edge of the Transmazonica highway. There being no need toquestion the scope and effectiveness of expanding access to basic education, given its wide acceptance in the country - we start from the principle of geographical connectivity/connection to problematize such educational universalization. We aim to reflect on the scope of basic education, its conditions and ability to potentiate or (...) not the diversity of the territory. Methodologically grounded in a dialogue between phenomenology and existentialism, we conduct a literature review taking as starting point the preliminary empirical research data. We conclude that the universalization of education is configured as extermination argument that effective the urbanocentric vision and one connectedness between places and territory, produces disconnection of the places themselves, removing their ability to communicative action that jeopardizes not only education the local, but regional and national. (shrink)

Disagreement about how best to think of the relation between theories and the realities they represent has a longstanding and venerable history. We take up this debate in relation to the free energy principle (FEP) - a contemporary framework in computational neuroscience, theoretical biology and the philosophy of cognitive science. The FEP is very ambitious, extending from the brain sciences to the biology of self-organisation. In this context, some find apparent discrepancies between the map (the FEP) and the territory (...) (target systems) a compelling reason to defend instrumentalism about the FEP. We take this to be misguided. We identify an important fallacy made by those defending instrumentalism about the FEP. We call it the literalist fallacy: this is the fallacy of inferring the truth of instrumentalism based on the claim that the properties of FEP models do not literally map onto real-world, target systems. We conclude that scientific realism about the FEP is a live and tenable option. (shrink)

This thesis demonstrates that by redefining the notion of nationhood and by treating nations and national minorities equally with respect to self-determination, it is possible to formulate basic principles of the international legal system, which would promote territorial integrity and stability of multinational states better than the existing system. I demonstrate that theories dealing with self-determination based solely on human rights or cases of secession address the problem with inadequate tools. I also show that minority-rights approaches do not accommodate self-determination (...) claims of national groups properly. ;I offer a new idea of nationhood as a political culture of self-determination with which people self-identify. It includes beliefs about co-nationals' mutual membership in a political community, which is perceived by them as having a self-determining power. Definitions of nationhood which use the notion of culture, but not political culture, are both too inclusive---they fail to distinguish between national and ethnic groups, and too exclusive---they overlook multicultural nations. ;Contested secession has received much attention in recent scholarship. Since, however, contested secession is based upon the disagreement of two or more national groups concerning their self-determination within particular boundaries, I consider secession within the scope of a systematic approach to the regulation of relations among national groups. I propose that international legal principles should be based upon the recognition of states and national groups as the two basic elements of the international system, and the equal recognition of nations as political cultures of self-determination. I interpret self-determination as a claim to equality within the boundaries a multinational state, and formulate a criterion of minimal justice for states. It requires that states respect equality of self-determination of national groups on their territory. National groups can secede from multinational states either by mutual agreement, or if their they are persistently denied a status with respect to self-determination equal to that of other national groups. (shrink)

This article presents a part of the results of an empirical study conducted at a Parisian hospital between 2011 and 2014. It aimed at understanding the women and couples’ motivations to terminate or not a pregnancy once a prenatal diagnosis has revealed a genetically related disease in the embryo or fetus. The article first presents the social and legal context of the study, the methodology used and the pathologies that were encountered. Then, it examines the results of the interviews conducted (...) with 5 women alone and 23 couples explaining their reasons for deciding to terminate or not the pregnancy. Finally, it explores the patients’ views about the doctor’s involvement in the decision-making process. The findings reveal the reasons they formulate when they ponder whether to terminate or not the pregnancy. It highlights the process of their deliberation, their hierarchisation of arguments and concerns. They also show how patients, though often consumed in sorrow, claim to be the legitimate decision-makers, especially women, in a social and legal context in which the rejection of eugenics is viewed as an undisputable principle. (shrink)

Much controversy has existed over the claims of Native Americans and other indigenous peoples that they have a right—based on original occupancy of land, historical transfers of sovereignty, and principles of self-determination—to a political status separate from the states in which they now find themselves embedded. How valid are these claims on moral grounds? -/- Burke Hendrix tackles these thorny questions in this book. Rather than focusing on the legal and constitutional status of indigenous nations within the states now ruling (...) them, he starts at a more basic level, interrogating fundamental justifications for political authority itself. He shows that historical claims of land ownership and prior sovereignty cannot provide a sufficient basis for challenging the authority of existing states, but that our natural moral duties to aid other persons in danger can justify rights to political separation from states that fail to protect their citizens as they should. -/- Actual attempts at political separation must be carefully managed through well-defined procedural mechanisms, however, to foster extensive democratic deliberation about the nature of the political changes at stake. Using such procedures, Hendrix argues, indigenous peoples should be able to withdraw politically from the states currently ruling them, even to the point of choosing full independence. (shrink)

Eleni Panagiotarakou | : The focus of this paper is on the “right to place” as a political theory of wild animal rights. Out of the debate between terrestrial cosmopolitans inspired by Kant and Arendt and rooted cosmopolitan animal right theorists, the right to place emerges from the fold of rooted cosmopolitanism in tandem with environmental and ecological principles. Contrary to terrestrial cosmopolitans—who favour extending citizenship rights to wild animals and advocate at the same time large-scale humanitarian interventions and unrestricted (...) geographical mobility—I argue that the well-being of wild animals is best served by the right to place theory on account of its sovereignty model. The right to place theory advocates human non-interference in wildlife communities, opposing even humanitarian interventions, which carry the risk of unintended consequences. The right to place theory, with its emphasis on territorial sovereignty, bases its opposition to unrestricted geographical mobility on two considerations: the non-generalist nature of many species and the potential for abuse via human encroachment. In a broader context, the advantage of the right to place theory lies in its implicit environmental demands: human population control and sustainable lifestyles. | : Le présent article porte principalement sur le « droit territorial » en tant que théorie politique des droits des animaux sauvages. Issu du débat entre théoriciens cosmopolitistes du droit animal, soit terrestres inspirés par Kant et Arendt, soit enracinés, le droit territorial trouve ses sources dans le cosmopolitisme enraciné qui va de concert avec certains principes environnementaux et écologiques. Contrairement aux cosmopolitistes terrestres, qui préconisent d’étendre les droits de citoyenneté aux animaux sauvages tout en défendant les interventions humanitaires à grande échelle et la mobilité géographique illimitée, j’estime que la théorie du droit territorial est davantage en mesure d’assurer le bien-être des animaux sauvages, grâce à son modèle basé sur la souveraineté. La théorie du droit territorial préconise la non-ingérence dans les communautés fauniques, allant jusqu’à s’opposer aux interventions humanitaires, qui risquent de provoquer des conséquences non désirées. Cette théorie, en mettant l’accent sur la souveraineté territoriale, base son opposition à la mobilité géographique illimitée sur deux considérations : le caractère non généraliste de bon nombre d’espèces, et le risque de mauvais traitements par empiètement humain. Dans un contexte plus large, l’intérêt de la théorie du droit territorial réside dans ses exigences environnementales implicites : le contrôle de la population humaine et l’adoption de modes de vie durables. (shrink)

Starting from Denis Noble’s criticism on the modern synthesis, this article argues that the author’s presentation of the modern synthesis focusses too one-sidedly on the phenomenal characteristics of the living, whereby it is made easily suitable to his criticisms, but risks to remain trapped in a territory-struggle; this criticism lacks an explicit focus on logical matters, and more in particular on the synthetic principles required to situate the relevancy or irrelevancy of phenomenal characteristics beyond territory-struggles. A brief sketch of how (...) the principle of teleology calls for reflexivity allows us to reveal the tension in Noble’s account between, on the one hand, the way in which he stresses the importance of metaphors and language, and, on the other hand, the way in which he invokes empirical arguments to assess the illusory character of certain metaphors. (shrink)

Many valuable natural resources are found outside current territorial limits, for example, on the Moon and in the deep sea. As technology advances, these resources become more accessible. I argue that the claim that all humanity owns these resources is insupportable if taken literally. Because they are truly unowned, we need to develop a principle of justice in acquisition which describes the procedure that must be followed to obtain property rights to these unowned objects. I conclude with a tentative (...) development of such a principle based on the moral ideals of fairness, freedom, and the maximization of the common good. (shrink)

Many valuable natural resources are found outside current territorial limits, for example, on the Moon and in the deep sea. As technology advances, these resources become more accessible. I argue that the claim that all humanity owns these resources is insupportable if taken literally. Because they are truly unowned, we need to develop a principle of justice in acquisition which describes the procedure that must be followed to obtain property rights to these unowned objects. I conclude with a tentative (...) development of such a principle based on the moral ideals of fairness, freedom, and the maximization of the common good. (shrink)

The proposed article presents the socio-philosophical substantiation of the integration of ethno-functional methodology in the construction of ontological and axiological foundations of modern communication. The author reveals the main provisions of the polydisciplinary ethno-functional paradigm O. Sukharev (the idea of the meaningful role of ethnicity, understanding of the ethno-environment as a continuum of internal, external and transcendental spheres of the person, the position on the ethno-integrating and ethno-disintegrating role of the human relation to the elements of the ethno-environment) and proposes (...) the possible variants of their projection to solve problems related to communication.The emphasis is placed on the fact that the involvement of the methodological capabilities of the ethno-functional approach will ensure the construction of the value-semantic principles of communication, taking into account the trends of the cultural and historical situation of the modern world: the unification and globalization of the cultural space, the growth of ethnic marginalization of mankind, ethnocultural particularity and mosaicism, exponential development of information and communication processes, active intercultural communication, problems of intercontinental migration, forced migration, etc. The assertion that the existing value- semantic communications bases of a particular ethno-environment operate in either a ethnointegrable or an ethno-de-inclusive role are substantiated, promote or impede both intranational and international communicative connections between people.In the context of the theme of the proposed studio the notion of value orientations of the person is defined, the specifics of modern relations between utilitarian and spiritual values are outlined, the content volume of meaning is represented as a category of social communication, its attributes (communicative intersubjectiveness, universality, legitimacy) are named. It is emphasized that in ethno-communicative communication certain meanings acquire meaningful and social status, while others lose their legitimacy and form the periphery of the sense of formation, its reserve. It is argued that consideration of the ethno- functional methodology in the implementation of communication will allow to balance the priorities of national self-identity and cosmopolitanism, to recreate the communicative aspect of the dialectic of globalization and nationalism.The socio-philosophical conclusions that the realization in the intercommunication space of such elements of the mentality of the ethnic group as values and meanings is an important personal, social and supranational significance is made. The applied clause on the possibility of implementing educational and pedagogical methods in forming the value-semantic sphere of the individual for the achievement of the appropriate level of personal, social and interethnic communication is proposed.The territorial and methodological significance of the ethno-functional approach for the modern stage of Ukrainian national statehood is updated. The projection of an ethno-functional approach in socio-philosophical modeling and substantiation of value-semantic criteria in the construction of interstate and interethnic communication, negotiation and dialogue has been developed. Keywords: modern communication, dialogue, ethno-functional approach, value- semantic constants, theoretical and methodological foundations, mentality, ethno- functional communication, sociocultural pryscriptiveness. (shrink)

It is widely assumed that there exist certain objects which can in no way be distinguished from each other, unless by their location in space or other reference-system. Some of these are, in a broad sense, 'empirical objects', such as electrons. Their case would seem to be similar to that of certain mathematical 'objects', such as the minimum set of manifolds defining the dimensionality of an R -space. It is therefore at first sight surprising that there exists no branch of (...) mathematics, in which a third parity-relation, besides equality and inequality, is admitted; for this would seem to furnish an appropriate model for application to such instances as these. I hope, in this work, to show that such a mathematics in feasible, and could have useful applications if only in a limited field. The concept of what I here call 'indistinguishability' is not unknown in logic, albeit much neglected. It is mentioned, for example, by F. P. Ramsey [1] who criticizes Whitehead and Russell [2] for defining 'identity' in such a way as to make indistinguishables identical. But, so far as I can discover, no one has made any systematic attempt to open up the territory which lies behind these ideas. What we find, on doing so, is a body of mathematics, offering only a limited prospect of practical usefulness, but which on the theoretical side presents a strong challenge to conventional ideas. (shrink)