With growing vigor, political philosophers have started questioning the Westphalian system of states as the main actors in the international arena and, within it, the doctrine of Permanent Sovereignty over Natural Resources. In this article I add to these questionings by showing that, when it comes to migratory natural resources, i.e., migratory species, a plausible theory of territorial rights should advocate a regime of shared sovereignty among states. This means that one single entity should represent their interests and maybe also (...) those of third parties, managing and making decisions over the resource as a whole. Although such a regime might be the tacit goal of existing international conventions regarding wildlife, it remains untheorized in political philosophy and largely under-theorized in international law. By presenting the critical situation of the monarch butterfly in North America, I point to the inadequacy of the compartmentalized current regime, which generates injustice in migration; namely, the phenomenon whereby range states of a given species may neglect or over-exploit it while in their territory, to the detriment of others. I suggest that more flexible and imaginative governance arrangements are needed to deal in a better way with these and similar natural resources. (shrink)

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