David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Disputes over territory are among the most contentious in human affairs. Throughout the world, societies view control over land and resources as necessary to ensure their survival and to further their particular life-style, and the very passion with which claims over a region are asserted and defended suggests that difficult normative issues lurk nearby. Questions about rights to territory vary. It is one thing to ask who owns a particular parcel of land, another who has the right to reside within its boundaries and yet another to determine which individuals or groups have political rights of citizenship, sovereignty, and self-determination within it. It must also be asked how these rights—if ‘rights’ is the correct term—are acquired. When attention turns to the territorial rights of communities, national groups or states, sovereignty is the principal concern. Within international law, de facto power over a territory, say, of occupying forces or trustees, is insufficient to possess or acquire sovereignty (Brownlie, 1990, p. 111). The central conceptions underlying modern democratic thought are that sovereignty over a politically demarcated territory is vested in the resident population, and that governmental authority is derived from the consent of that population. It is simple enough to identify the latter with the citizenry of a state, but demographic and political flux makes this a loose criterion. States come and go, and sometimes a territory is stateless. Also, large-scale demographic shifts during upheavals and peacetime immigrations change the assessments of who belongs where. Does everyone residing in a place at a particular time have a right to share in its governance then? What about illegal immigrants? Presumably, sovereignty rests with the established population or..
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Arash Abizadeh (2010). Closed Borders, Human Rights, and Democratic Legitimation. In David Hollenbach (ed.), Driven From Home: Human Rights and the New Realities of Forced Migration. Georgetown University Press.
Lea Ypi (2014). A Permissive Theory of Territorial Rights. European Journal of Philosophy 22 (2):288-312.
Joseph Raz (2010). Human Rights Without Foundations. In J. Tasioulas & S. Besson (eds.), The Philosphy of International Law. Oxford University Press.
Michael Blake & Mathias Risse (2008). Migration, Territoriality, and Culture. In Ryberg Jesper & Petersen Thomas (eds.), New Waves in Applied Ethics. Palgrave.
Cara Nine (2010). Ecological Refugees, States Borders, and the Lockean Proviso. Journal of Applied Philosophy 27 (4):359-375.
Tomis Kapitan (2006). Self-Determination and International Order. The Monist 89 (2):356 - 370.
Michael Blake & Mathias Risse (2009). Is There a Human Right to Free Movement? Immigration and Original Ownership of the Earth. Notre Dame Journal of Law Ethics and Public Policy 23 (133):166.
Oche Onazi, Autonomy Without Statehood: A Postcolonial Account of Self-Determination Struggles in Nigeria.
A. John Simmons (2001). On the Territorial Rights of States. Noûs 35 (s1):300-326.
Added to index2009-08-03
Total downloads18 ( #88,395 of 1,096,519 )
Recent downloads (6 months)0
How can I increase my downloads?