Supporters of open borders sometimes argue that the state has no pro tanto right to restrict immigration, because such a right would also entail a right to exclude existing citizens for whatever reasons justify excluding immigrants. These arguments can be defeated by suggesting that people have a right to stay put. I present a new form of the exclusion argument against closed borders which escapes this “right to stay put” reply. I do this by describing a kind of exclusion that (...) has not been discussed in depth, which I call “territorial exclusion.” Territorial exclusion is the process according to which the group that wishes to exclude current citizens secedes from the territory in which those citizens reside. I argue that the wrongness of territorial exclusion explains why there is no pro tanto right for a state to exclude immigrants, because otherwise there would be a pro tanto right for the state to kick people out by seceding from the territory they inhabit. Because kicking people out like this is typically wrong, borders cannot be closed. (shrink)

This important new book by one of the world's leading political theorists boldly questions the moral justification for organizing our world as a territorial states-system and proposes major changes to states' sovereign powers.

Can we describe certain sonic experiences as “homely,” even when they take place outside of a traditional home-space? While phenomenological accounts of home abound, with writers detailing a rich spectrum of the felt characteristics of the homely including safety, familiarity, and affective “warmth,” there is a scarcity of research into sonic experience that engages with such literatures. With specific interest in the experience of embodied space, I account here for what might be termed feelings of “sonic homeliness” as they emerge (...) during headphone listening. After forming a conceptual model of homeliness that draws from phenomenological philosophy, I investigate its applicability to experiences of headphone listening. Through analysis of primary interview data, I consider how headphones may be said to territorialize space for listeners, analyzing how sonic “boundaries” are experienced in relation to the body, as well as how some listeners describe their experiences as interiorized, comforting, and “wombic.”. (shrink)

National governments have failed spectacularly to mitigate anthropogenic climate change and a sustainable approach to mitigation remains out of sight. This circumstance alone demonstrates t...

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)

This book investigates how, from the seventeenth century onward, philosophers, philologists and historians described various world "cultures", colonized the past (or national pasts), and thus invented Europe's philosophical nature. In the recent past, critical discussions concerning notions such as "cultural area" and "area studies", as well as their relativizations by means of conceptions that avoid splitting clearly identified areas (inter alia, "third space", "hybridity", "diaspora", or "cosmopolitism"), drew attention to the long history of cultural territorialization. This book attempts to open (...) the history of philosophy to reflexive and globalizing tendencies elaborated in the field of "world history". From the seventeenth century onward, in both modern Europe and North America, historical sciences - notably philosophical historiography and cultural history - colonized both the past (or national pasts) and the "rest" of the world. The contributions gathered in the present volume address both phenomena to the extent that they have been linked with modern historicization of philosophy, sciences, and culture. (shrink)

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

Liberal defences of nationalism, prevalent since the mid-1980’s, have largely neglected the fact that nationalism is primarily about land. 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’.

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)

Liberals conceive of territorial rights as dependent on the legitimacy of the state, which is in turn understood in terms of the state’s protection of individual rights and freedoms. Such justifications of territorial rights have difficulties in addressing the right to control immigration, which is therefore in need of additional justification. The paper considers Christopher Heath Wellman’s liberal proposal for justifying the right to control immigration, which understands the right as derivative of a general right to freedom of association held (...) collectively by the people of the state. The paper argues that state legitimacy and freedom of political association fail to connect in the way required to justify a right to control immigration. Wellman’s argument conflates the state as an institution and the people as a political collective and elides the difference between territorial jurisdiction and associational freedom. (shrink)

Functionalists hold that the territorial rights of states are grounded solely in their successful performance of their morally mandated functions. In this paper, I defend a distinctive functionalist view of the right of territorial jurisdiction. I develop this view over the course of considering a variety of objections to functionalism that arise from reflection on cases of non- violent and otherwise rights-respecting annexation. Functionalism’s critics argue that it is committed to counterintuitive implications in these cases, as it is unable to (...) explain why the usurper states do not gain rights over the territory they take over. Against these critics, I argue that functionalism can in fact deliver intuitively plausible verdicts regarding: (a) the territorial rights of unsuccessful states; (b) the morality of military occupation; and (c) the appropriate response to past territorial injustices. (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)

What is wrong with colonialism? The standard—albeit often implicit—answer to this question has been that colonialism was wrong because it violated the territorial rights of indigenous peoples, where territorial rights were grounded on acquisition theories. Recently, the standard view has come under attack: according to critics, acquisition based accounts do not provide solid theoretical grounds to condemn colonial relations. Indeed, historically they were used to justify colonialism. Various alternative accounts of the wrong of colonialism have been developed. According to some, (...) colonialism involved a violation of territorial rights grounded on legitimate state theory. Others reject all explanations of colonialism's wrongfulness based on territorial rights, and argue that colonial practices were wrong because they departed from ideals of economic, social, and political association. In this article, we articulate and defend the standard view against critics: colonialism involved a procedural wrong; this wrong is not the violation of standards of equality and reciprocity, but the violation of territorial rights; and the best foundation for such territorial rights is acquisition based, not legitimacy based. We argue that this issue is not just of historical interest, it has relevant implications for the normative evaluation of contemporary inequalities. (shrink)

Marking a major development in Foucault's thinking, this book derives from the lecture course which he gave at the College de France between January and April, 1978. Taking as his starting point the notion of "bio-power," introduced both in his 1976 course Society Must be Defended and in the first volume of his History of Sexuality, Foucault sets out to study the emergence of this new technology of power over population."--BOOK JACKET.

Rudolf Kjellén, regularly referred to as "the father of geopolitics," developed in the first decade of the twentieth century an analytical model for calculating the capabilities of great-power states and promoting their interests in the international arena. It was an ambitious intellectual project that sought to bring politics into the sphere of social science. Bringing together experts on Kjellén from across the disciplines, Territory, State and Nation explores the century-long international impact, analytical model, and historical theories of a figure (...) immensely influential in his time who is curiously little-known today. (shrink)

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)

The Territories of Human Reason is the first major study to explore the emergence of multiple situated rationalities. It focuses on the relation of the natural sciences and Christian theology, but its approach can easily be extended to other disciplines. It provides a robust intellectual framework for discussion of transdisciplinarity, which has become a major theme in many parts of the academic world. McGrath offers a major reappraisal of what it means to be 'rational' which will have significant impact on (...) older discussions of this theme. He sets out to explore the consequences of the seemingly inexorable move away from the notion of a single universal rationality towards a plurality of cultural and domain-specific methodologies and rationalities. This groundbreaking volume will provoke intense discussion and debate. (shrink)

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...

18 November 2019CH: Thank you for agreeing to do this. The prompt for the interview was to talk about your recently published book, Territorial Sovereignty, but I thought before we got into that you could say something about your earlier work and how that led you to be interested in this particular project that you deal with in the book.

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)

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.

Instead of treating art as a unique creation that requires reason and refined taste to appreciate, Elizabeth Grosz argues that art-especially architecture, music, and painting-is born from the disruptive forces of sexual selection.

Marking a major development in Foucault's thinking, this book derives from the lecture course which he gave at the College de France between January and April, 1978. Taking as his starting point the notion of "bio-power," introduced both in his 1976 course Society Must be Defended and in the first volume of his History of Sexuality, Foucault sets out to study the emergence of this new technology of power over population."--BOOK JACKET.

Margaret Moore offers a comprehensive normative theory of territory.

To take into account the growing importance of this extraterritoriality paradigm reassessing the idea of territory in literature, culture and languages, this book offers an interdisciplinary and plurilingual journey through four centuries, four continents and a dozen languages.

Cosmopolitans oppose excluding persons from political institutions on grounds of geographic location. But this problem of illegitimate exclusion is parallel to an equally pressing, but widely ignored, problem of illegitimate inclusion. Best understood, cosmopolitanism requires small-scale territorial self-determination. Impoverished states' inability to exclude powerful governments and regulatory institutions from decision procedures is a grave injustice that cosmopolitans ignore. Cultural groups have a strong interest in maintaining effective control of land use by excluding nonresidents. Appealing to democracy and political equality, the (...) argument shows that territorial self-determination, exercised at geographically small scales, is necessary for global justice. (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)

This article evaluates the theory of boundary legitimacy put forward in A John Simmons’s recent book Boundaries of Authority. I believe Simmons is correct to hold that questions about the legitimac...

Anthropogenic climate change is an existential threat to the people of sinking island states. When their territories inevitably disappear, what, if anything, do the world's remaining territorial st...

The ability to dominate or exercise will in social encounters is often assumed in social theory to define power, but there is another form of power that is often confused with it and rarely analyzed as distinct: logistics or the ability to mobilize the natural world for political effect. I develop this claim through a case study of seventeenthcentury France, where the power of impersonal rule, exercised through logistics, was fundamental to state formation. Logistical activity circumvented patrimonial networks, disempowering the (...) nobility and supporting a new regime of impersonal rule: the modern, territorial state. (shrink)

Using the theft of Indigenous land and territory and the destruction of Indigenous political authorities as an example, this paper examines two theories of territorial rights in relation to their treatment of historical territorial injustices. We apply Simmons’s historical theory of rights over territory, and the occupancy/self-determination theory of territorial rights associated with Moore and Stilz, to three problems: the Continuity Problem, the Particularity Problem, and the Distributive Justice Problem. We argue that the occupancy/self-determination theory is more promising (...) for resolving all three, but that the historical title theory can also be modified to accommodate this insight. (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)

A comprehensive exploration of theories of citizenship and inclusiveness in an age of globalization. The authors analyze democracy and the political community in a transnational context, using new critical, conceptual and normative perspectives on the borders, territories and political agents of the state.

This piece discusses the account of contested territories and of corrective justice Moore offers in A Political Theory of Territory. In Chapter 6, Moore offers an occupancy account of boundary-drawing. My discussion focuses on the status of Moore's occupancy account compared to the statist and nationalist accounts it aims to replace. Specifically, I consider whether these other accounts are as unsuccessful as Moore suggests, and whether Moore's account is as distinct from these accounts as she suggests. In Chapter 7, (...) Moore offers a distinction between three different types of rights violations involved in the unjust taking of territory, and considers potential remedies for each. My discussion focuses on the arguments Moore offers to justify the presence or absence of certain remedies, in particular the right of return and the redistribution of land. I conclude that the territorial claims of historically wronged groups are too quickly dismissed, and I suggest that this is problematic from the point of view of Moore's own account. (shrink)

The Kurdish-led autonomous entity called Autonomous Administration of North and East Syria - also known as Rojava - considers women?s liberation an imperative condition for shaping a democratic society. The practice of autonomy in NES shares strong resemblances with Non- Territorial Autonomy models; however, it introduces a novelty in the role of women as active agents in building a plurinational democracy. This paper examines the intellectual and political origins of the political role ascribed to women in autonomous administrations and how (...) the practice of autonomy in Rojava has advanced women?s rights by shedding light on both institutional implementation of women?s rights, as well as the creation of -territorial spaces of women?s emancipation within the autonomous model. The argument made is that the conceptual framework of the Rojava model goes beyond the Kurdish question and can be considered an attempt to resolve a democratic deficit of liberal democratic nation-states through bringing together solutions that address the intertwined subordination of minorities and women. nema. (shrink)

The concepts of territory and ritornello cannot be separated from one another, despite the fact that scholarship tends to restrict the former to discussions of politics and the latter to discussions of art. Deleuze and Guattari deploy the combination of territory and ritornello, along with associated notions such as rhythm, milieu, counterpoint and force, as a method to describe and understand the formation, existence and relations of living beings. They understand ‘life’ to also include a variety of nonorganic (...) entities, such as social formations. Territory and ritornello provide a philosophical alternative to understanding the existence of beings in terms of an immutable, unchanging transcendent structure, such as divine revelation, politico-economic ideology or cultural identity. As such, this conceptual pair is a necessary element in translating Deleuze and Guattari's metaphysical commitment to immanence and univocity into ethical and political theory and practice. (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)

The comparative sociology of the structure, dynamics, and experience of urban relegation in the United States and the European Union during the past three decades reveals the emergence of a new regime of marginality. This regime generates forms of poverty that are neither residual, nor cyclical or transitional, but inscribed in the future of contemporary societies insofar as they are fed by the ongoing fragmentation of the wage labour relationship, the functional disconnection of dispossessed neighbourhoods from the national and global (...) economies, and the reconfiguration of the welfare state in the polarizing city. Based on a methodical comparison between the black American ghetto and the French working-class banlieue at century's turn, this article spotlights three distinctive spatial properties of `advanced marginality' — territorial fixation and stigmatization, spatial alienation and the dissolution of `place', and the loss of a hinterland — and draws out their implications for the formation of the `precariat' in postindustrial societies. (shrink)

In the face of argument to the contrary, it is shown that there is defensible middle ground available for entity realism, between the extremes of scientific realism and empiricist antirealism. Cartwright's ([1983]) earlier argument for defensible middle ground between these extremes, which depended crucially on the viability of an underdeveloped distinction between inference to the best explanation (IBE) and inference to the most probable cause (IPC), is examined and its defects are identified. The relationship between IBE and IPC is clarified (...) and a revised version of Cartwright's argument for defensible middle ground, which is free of the identified defects, is presented. (shrink)

Symposium: Territory, Belonging: secession, self-determination and territorial rights in the age of identity politics With a discussion of Neera Chandhoke’s Contested Secessions. Rights, Self-determination, Democracy and Kashmir (OUP 2012) Guest Editor: Valentina Gentile Submission Deadline Long(1,000 words max): November 15, 2012 Full paper (10,000 words max, upon acceptance): March 15, 2013 Invited Contributors Allen Buchanan (DukeUniversity), Will Kymlicka (Queen’s University), Margaret Moore (Queen’s University) and Neera Chandhoke (University of Delhi).

European Journal of Political Theory, Volume 21, Issue 3, Page 608-614, July 2022. In The Shifting Border, Ayelet Shachar argues that the exercise of sovereign power through border regimes no longer tracks territorial boundaries. In my commentary, I first argue that Shachar’s analysis implicitly calls into question the legitimacy of the international order. I then raise the worry that the logic which severs the link between the exercise of sovereignty and territory is the same logic that can be used (...) to justify injustice and atrocity such as ethnic cleansing. Shachar’s normative proposals do not sufficiently recognize or guard against this risk. (shrink)

The comparative sociology of the structure, dynamics, and experience of urban relegation in the United States and the European Union during the past three decades reveals the emergence of a new regime of marginality. This regime generates forms of poverty that are neither residual, nor cyclical or transitional, but inscribed in the future of contemporary societies insofar as they are produced by the ongoing fragmentation of wage labor relation­ship, the functional disconnection of dispossessed neighborhoods from the national and global economies, (...) and the reconfiguration of the welfare state in the polarizing city. Based on a methodical comparison of the black American ghetto and the French working-class banlieue at century’s turn, this article spotlights three distinctive spatial properties of “advanced marginality”—territorial fixation and stigmatization, spatial alienation and the dissolution of “place,” and the loss of a hinterland—and draws out their implications for the formation of the “precariat” in postindustrial societies. (shrink)

Little work has been done to explore the moral foundations of the state’s right to territory.1 In modern times, the state has mostly been assumed to be a territorial unit, and no need was perceived to reflect on precisely what justifies its territorial jurisdiction. The state’s territoriality is related to another topic that has remained under-theorized: immigration. There is, moreover, an obvious relationship between these topics: the more powerful a state’s rights over its territory, the more powerful the (...) right to constrain access to that territory might become – or so, at any rate, we might suppose. Rights to territory and rights to immigration are usefully theorized together.2 Our starting point is a Lockean analysis of the moral foundations of territoriality offered by Simmons (2001). This is a natural starting point not only because Simmons is one of the very few contemporary writers who have taken up philosophical questions about territoriality in the first place, but also because Locke’s thought, as Simmons makes clear, actually allows for the development of a sophisticated account of territoriality. This makes Locke stand out simply because generally modern political.. (shrink)