Historical injustice and global inequality are basic problems embedded in territorial rights. In Global Justice and Territory Cara Nine advances a general theory of territorial rights adapting a theoretical framework from natural law theory to ground all territorial claims.

Ecological refugees are expected to make up an increasing percentage of overall refugees in the coming decades as predicted climate change related disasters will displace millions of people. In this essay, I focus on those rights ecological refugees may claim on the basis of collective self-determination. To this end, I will focus on a few specific cases that I call cases of ‘ecological refugee states’. Tuvalu, the Maldives, and to a certain extent, Bangladesh are predicted to be ecological refugee states (...) in the near future. These are states whose entire (or close to it) geographical territory is predicted to be lost to rising sea levels; the collective body of the people will itself become an ecological refugee.The question is: what may the people of an ecological refugee state legitimately claim on the basis of their right to self-determination? Should we redraw state borders to accommodate a New Tuvalu? I argue that a plausible position regarding territorial rights is that when (1) a people clearly is (or recently was) self-determining and has a legitimate claim to continue to be self-determining, and (2) the self-determination of a people is existentially threatened because the people lacks territorial rights, that (3) the people becomes a candidate for sovereign over a new territory. The result is that existing state borders may need to change to accommodate something like a New Tuvalu. To generate these results on behalf of ecological refugee states, I examine the principles of the system of territorial states. Because the system of territorial states is a system of exclusive rights over goods, especially land, it is possible that it is subject to the conditions of a Lockean proviso mechanism. This paper is dedicated mainly to adapting a version of the Lockean proviso for use in territorial rights theory. (shrink)

In Sharing Territories, Cara Nine defends a river model of territorial rights. On a river model, groups are assumed to be interdependent and overlapping. Drawing on natural law philosophy, Nine's theory argues for the establishment of foundational territories around geographical areas like rivers.

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...

In ‘What’s Wrong with Colonialism,’ Lea Ypi argues that the wrong of colonialism can be expressed as procedural wrongs, not as wronging territorial rights. On her view, colonial practices went wrong in two ways: they forced residents into political associations, and the terms of the political association were not established through equal and reciprocal negotiations. I argue that because Ypi’s account successfully side-lines all but essential claims to territory, her theory ends up being vulnerable to an objection it means to (...) avoid. Historical residents may be subject to unequal treatment under newly formed political associations because their historical patterns of land use are not considered to have any independent moral weight. My analysis does not rely on any appeal to property or territorial rights. Instead, I appeal to pre-existing obligations holding between residents. (shrink)

This essay defends a strong right against displacement as part of a basic individual right to secure access to one’s home. The analysis is purposefully situated within the difficult context of climate change adaptation policies. Under increasing environmental pressures, especially regarding water security, there are weighty reasons motivating the forced displacement of persons—to safeguard water resources or prevent water-related disasters. Even in these pressing circumstances, I argue, individuals have weighty rights to secure access to their homes. I explain how the (...) home provides a functional context for conditions of autonomous agency. Being coerced from the home disrupts and subverts the conditions necessary for autonomous processes. I conclude by suggesting that the right to the home could be a foundational element of territorial rights. (shrink)

This article examines theories of ocean rights based on the works of Hugo Grotius and Samuel von Pufendorf. Grotius's object‐centred view uses features of the natural world to justify claims to external objects. I show that Grotius's view is inadequate, because it relies on an outdated claim that oceanic resources are sufficiently abundant for anybody to use. Further, adaptations of his view are wanting, because they either rely on arbitrary distinctions or disregard the values of cultural minorities. Pufendorf's relational view (...) constructs rights through the exercise of human will. While Pufendorf believes that agreements create rights, he also argues that property rights can be unilaterally acquired from the commons without express consent from others. The relational view is a viable alternative to the object‐centred view, because it both delimits territorial claims over the ocean to a ‘modest’ size and also respects cultural variability. A major aim of this article is to present Pufendorf's theory of territorial rights extended over oceans and to demonstrate how it is useful for assessing contemporary disputes. In the final sections, I apply the relational view to Canadian claims to the Northwest Passage, and I also sketch implications for assessing expanding claims to the seabed. (shrink)

In this paper, I critically examine an important premise in theories of global distributive justice that, despite its widespread influence, has remained largely unexamined. This is the claim that state borders are morally arbitrary with respect to a just distribution of goods. I examine two common arguments for this claim, the argument that state borders are historically unjust and therefore morally arbitrary; and the argument first made by Charles Beitz that the conditions of a fair, hypothetical social contract would not (...) include knowledge of one's location with respect to the distribution of natural resources between state borders. I argue that there are good reasons to reject both arguments. Beitz's immense contribution to international justice can be gauged by the fact that it is difficult to find a contemporary work on global justice that does not reference his arguments in Political Theory and International Relations . Although some authors find Beitz's cosmopolitan theory objectionable, no author has, to my knowledge, criticized Beitz's pivotal arguments that our placement in the distribution of natural resources is morally arbitrary. The aim of this paper is to do just that. (shrink)

Emotions situate actors in relationships and shape their social interactions. Culture defines both the qualities of individual identity and the constitution of social groups with distinctive values and practices. Emotions, then, are necessarily experienced and acted upon in culturally inflected forms that define not only the conventions of their articulation through individual and collective action, but also the very words that name them. This article develops theoretical arguments to support these claims and illustrates their application in a description of differing (...) emotional repertoires, and their consequences, in Aotearoa New Zealand. The effects of resentment and shame in an ethnic politics of rights and antidiscrimination law demonstrate that context is central to a nuanced understanding of how law and emotions connect in the practicalities of enforcing the protections of anti-discrimination law. (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.

In this paper, we examine the extent to which the concept of emergence can be applied to questions about the nature and moral justification of territorial borders. Although the term is used with many different senses in philosophy, the concept of “weak emergence”—advocated by, for example, Sawyer (2002, 2005) and Bedau (1997)—is especially applicable, since it forces a distinction between prediction and explanation that connects with several issues in the dis-cussion of territory. In particular, we argue, weak emergentism about borders (...) allows us to distinguish between (a) using a theory of territory to say where a border should be drawn, and (b) looking at an existing border and saying whether or not it is justified (Miller, 2012; Nine, 2012; Stilz, 2011). Many authors conflate these two factors, or identify them by claiming that having one without the other is in some sense incoherent. But on our account—given the concept of emergence—one might unproblematically be able to have (b) without (a); at the very least, the distinction between these two issues is much more significant than has often been recognised, and more importantly gives us some reason to prefer “statist” as opposed to “cultural” theories of territorial borders. We conclude with some further reflections on related matters concerning, firstly, the apparent causal powers of borders, and secondly, the different ways in which borders are physically implemented (e.g., land vs. water). (shrink)

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)

I will argue that understanding language is simply another form of sensory perception of the world. I have already argued that perception is a way of understanding natural signs or, better, of translating natural signs into intentional signs. So this will help pave the way to the view that understanding language is very much like understanding natural signs. A sign of a world affair that in turn signs a second world affair is itself a sign of that second affair (Chapter (...) Four). Similarly, if the second sign is a sign of a third --and so forth. And there is always a direct semantic mapping function from the first sign to the last affair signified. A certain sound may signify that the dehumidifier has come on when heard from our bedroom at home, and this in turn may signify that the local power failure is over (a frequently recurrent sign in the rural area where we live). In our summer cabin an indistinguishable sound may signify that the refrigerator has come on, in turn signifying that we are not yet out of propane. To interpret these signs, you must be sensitive to the sign domains they inhabit. But in this case, the domain in which the sound signals the dehumidifier and the domain in which the dehumidifier signals the power are the same. Likewise, the domain in which the sound signifies the refrigerator and the refrigerator signals a non-empty propane tank are the same. A child then might simply hear the dehumidifier sound as the sound of electric power coming on, not being aware that it is the dehumidifier that produces what she reads as a sound of electric power, or the child might hear the sound of the refrigerator directly as a sign of propane hence that we won't have to go to town today for gas. Similarly, suppose that certain patterns on the rabbit's retina are natural signs signifying presence of a fox and these patterns mediate between the fox and the rabbit's awareness of the fox. It will not be necessary that the rabbit possess an intentional representation of the retinal patterns in order to recognize the fox.. (shrink)

Cara Nine on how to decide where borders should be drawn.

When people seek to overcome discrimination in employment they often appeal to the principle that ‘one should be hired on the basis of qualifications alone’. But do we know what the principle means? And would applying it solve the problems of discrimination in employment? We may take the claim to mean that certain aspects of a person such as her race, religion and attractiveness that are thought to be irrelevant to almost all jobs should not be considered in employment decisions. (...) But in this we would be mistaken. This paper argues that the concept of ‘qualification’, far from being purely descriptive, is morally loaded and a function of an employer’s choices and purposes. As a result, appealing to the principle alone cannot prevent discrimination for issues of discrimination in employment are embedded in the ethical issues of ownership, management and the social responsibilities of a business. (shrink)