Global Justice and Territory

Front Cover
OUP Oxford, May 31, 2012 - Philosophy - 192 pages
Historical injustice and global inequality are basic problems embedded in territorial rights. We ask questions such as: How can the descendants of colonists claim territory that isn't really 'theirs'? Are the immense, exclusive oil claims of Canada or Saudi Arabia justified in the face of severe global poverty? Wouldn't the world be more just if rights over natural resources were shared with the world's poorest? These concerns are central to territorial rights theory and at the same time they are relatively unexplored. In fact, while there is a sizable debate focused on particular territorial disputes, there is little sustained attention given to providing a general standard for territorial entitlement. This widespread omission is disastrous. If we don't understand why territorial rights are justified in a general, principled form, then how do we know they can be justified in any particular solution to a dispute? As part of an effort to remedy this omission, in this book Cara Nine advances a general theory of territorial rights. Nine puts forward a theory of territorial rights that starts with the idea that territorial rights affect everybody. Territorial rights, she asserts, must be universally justified. She adapts a theoretical framework from natural law theory to ground all territorial claims. In this framework, particular territorial rights are claimable by the collectives that establish legitimate, minimal conditions for justice within a geographical region. A consequence of this theoretical approach to territorial rights is that exclusive resource entitlements are justified, even if they maintain global inequality.
 

Contents

Introduction
1
Overview of the Book
2
1 Territorial Rights
6
2 Natural Law Theory and the General Right to Territory
26
3 The People and SelfDetermination
45
4 A Lockean Theory of Territory
72
5 Arbitrariness and Territorial Borders
94
6 Resource Rights
116
7 Global Justice and Territory
145
8 The Lockean Proviso and Ecological Refugee States
162
Bibliography
182
Index
189
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About the author (2012)

Cara Nine's research seeks to clarify theories of territorial entitlement and related issues concerning theories of global distributive justice and has been published in such journals as Political Studies and the Journal of Applied Philosophy. She is co-director of the Territory and Justice Network. She is a lecturer in Philosophy at University College Cork.