Results for 'territorial rights'

994 found
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  1.  53
    Review Article: The Environmental Turn in Territorial Rights[REVIEW]Alejandra Mancilla - 2016 - Critical Review of International Social and Political Philosophy 19 (2):221-241.
    Recent theories of territorial rights could be characterized by their growing attention to environmental concerns and resource rights (understood as the rights of jurisdiction and/or ownership over natural resources). Here I examine two: Avery Kolers’s theory of ethnogeographical plenitude, and Cara Nine’s theory of legitimate political authority over people and resources. While Kolers is a pioneer in demanding ecological sustainability as a minimum requirement for any viable theory of territorial rights – building a bridge (...)
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  2.  36
    Entry on Territorial Rights.Amandine Catala - 2017 - Routledge Encyclopedia of Philosophy.
  3.  51
    Sovereign Jurisdiction, Territorial Rights, and Membership in Hobbes.Arash Abizadeh - 2016 - In A. Martinich & Kinch Hoekstra (eds.), The Oxford Handbook of Hobbes. Oxford: Oxford University Press.
    Although sovereign jurisdictional authority is not itself a kind of property right for Hobbes, it is the object of the sovereign’s (not the state’s) proprietary rights. Jurisdictional authority for Hobbes is foundationally over persons rather than territory, so that the sovereign’s territorial jurisdiction is parasitic on jurisdiction over persons. Territory nevertheless plays a significant role in determining subjects’ political obligations because the sovereign’s ability to protect subjects is necessary for such obligations, and control over space is necessary to (...)
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  4.  63
    Territorial Rights, Political Association, and Immigration.Sune Lægaard - 2013 - Journal of Moral Philosophy 10 (5):645-670.
  5.  44
    Do Insecure Property Rights Ground Rights of Jurisdiction? Miller on Territorial Justice.Kim Angell - 2013 - Res Publica 19 (2):183-192.
    A prominent approach in the debate on territorial rights claims that a group may have jurisdictional rights over a particular land if that land has become a repository of value for the group. This justification relies on a premise which has remained largely unsubstantiated, namely that having jurisdictional rights should be our preferred means for ensuring the group’s retaining of the land’s embedded value. This article discusses a recent attempt to fill this gap. David Miller acknowledges (...)
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  6. Declaration on Anthropology and Human Rights (1999).Committe for Human Rights & American Anthropological Association - 2009 - In Mark Goodale (ed.), Human Rights: An Anthropological Reader. Wiley-Blackwell.
     
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  7. A Permissive Theory of Territorial Rights.Lea Ypi - 2014 - European Journal of Philosophy 22 (2):288-312.
    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 (...)
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  8. Locke on Territorial Rights.Bas van der Vossen - 2015 - Political Studies 63 (3):713-728.
    Most treatments of territorial rights include a discussion (and rejection) of Locke. There is a remarkable consensus about what Locke’s views were. For him, states obtain territorial rights as the result of partial transfers of people’s property rights. In this article, I reject this reading. I argue that (a) for Locke, transfers of property rights were neither necessary nor sufficient for territorial rights and that (b) Locke in fact held a two-part theory (...)
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  9.  18
    Territorial Rights.Tamar Meisels - 2005 - Law and Philosophy 72 (1):1-11.
    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 (...)
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  10.  29
    Liberal Nationalism and Territorial Rights.Meisels Tamar - 2003 - Journal of Applied Philosophy 20 (1):31–43.
    This essay sets out from the strain of liberal political thought which, in recent years, has come to the defence of nationalism, and raises some preliminary thoughts concerning its appropriate application to the very concrete issue of national territorial rights. It asks what type of justifications could be morally acceptable to “liberal nationalism” for the acquisition and holding of territory. To this end, the paper takes a brief look at five central arguments for territorial entitlement which have (...)
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  11.  61
    Territorial Rights and Exclusion.Lea Ypi - 2013 - Philosophy Compass 8 (3):241-253.
    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 (...)
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  12.  9
    Territorial Rights and Carbon Sinks.Steve Vanderheiden - 2017 - Science and Engineering Ethics 23 (5):1273-1287.
    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 (...)
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  13.  2
    Liberal Nationalism and Territorial Rights.Tamar Meisels - 2003 - Journal of Applied Philosophy 20 (1):31-43.
    This essay sets out from the strain of liberal political thought which, in recent years, has come to the defence of nationalism, and raises some preliminary thoughts concerning its appropriate application to the very concrete issue of national territorial rights. It asks what type of justifications could be morally acceptable to “liberal nationalism” for the acquisition and holding of territory. To this end, the paper takes a brief look at five central arguments for territorial entitlement which have (...)
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  14.  32
    Do Territorial Rights Include the Right to Exclude?Cara Nine - 2019 - Politics, Philosophy and Economics 18 (4):307-322.
    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...
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  15.  26
    Lockeans Versus Nationalists on Territorial Rights.David Miller - 2019 - Politics, Philosophy and Economics 18 (4):323-335.
    This article examines John Simmons’ Lockean theory of territorial rights and defends the superiority of the rival nationalist theory that he rejects. It begins by arguing that all philosophical acc...
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  16. Call for Papers: Territory, Belonging: Secession, Self-Determination and Territorial Rights in the Age of Identity Politics. Scarta - 2012 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche.
    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).
     
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  17. On the Territorial Rights of States.A. John Simmons - 2001 - Noûs 35 (s1):300-326.
    When officials of some political society portray their state as legitimate - and when do they not! - they intend to be laying claim to a large body of rights, the rights in which their state's legitimacy allegedly consists. The rights claimed are minimally those that states must exercise if they are to retain effective control over their territories and populations in a world composed of numerous autonomous states. Often the rights states are trying to claim (...)
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  18.  17
    New Territorial Rights for Sinking Island States.Kim Angell - 2017 - European Journal of Political Theory.
    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...
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  19.  54
    Superseding Historic Injustice and Territorial Rights.Cara Nine - 2008 - Critical Review of International Social and Political Philosophy 11 (1):79-87.
    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 (...)
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  20.  24
    On the Territorial Rights of States.A. John Simmons - 2001 - Philosophical Issues 11 (1):300-326.
  21.  80
    Territorial Rights Open Borders.Clara Sandelind - 2015 - Critical Review of International Social and Political Philosophy 18 (5):1-21.
  22.  22
    Territorial Rights and Open Borders.Clara Sandelind - 2015 - Critical Review of International Social and Political Philosophy 18 (5):487-507.
  23.  34
    Self-Determination, Non-Domination and Constraints on Territorial Rights.Mira Bachvarova - 2018 - Critical Review of International Social and Political Philosophy 21 (6):798-805.
  24.  18
    Democracy and Territorial Rights.Steven Rieber - 2004 - Journal of Social Philosophy 35 (4):529-543.
  25.  15
    The Metaphysics of Rules and the Territorial Rights of Squirrels.Ronald Cordero - 2002 - Journal of Social Philosophy 33 (2):297–309.
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  26.  3
    Why Maintenance of Territorial Rights is Important for Authors, Publishers and Readers.Ronnie Williams - 1999 - Logos. Anales Del Seminario de Metafísica [Universidad Complutense de Madrid, España] 10 (1):26-30.
  27.  3
    Parallel Importation and Territorial Rights: The Current Tiresome Debate in Australia.Peter Donoughue - 2008 - Logos 19 (3):145-150.
  28.  6
    Democracy and Territorial Rights. StevenRieber - 2004 - Journal of Social Philosophy 35 (4):529–543.
  29.  2
    Parallel Importation and Territorial Rights: The Current Tiresome Debate in Australia.Peter Donoughue - 2008 - Logos 19 (3):145-150.
  30.  1
    Self-Determination and Territorial Rights.Simmon John - forthcoming - Philosophy and Public Issues - Filosofia E Questioni Pubbliche.
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  31.  1
    Self-Determination and Territorial Rights.Pellegrino Gianfranco - forthcoming - Philosophy and Public Issues - Filosofia E Questioni Pubbliche.
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  32.  23
    Self-Determination and Resource Rights: In Defence of Territorial Jurisdiction Over Natural Resources.Ayelet Banai - 2016 - Res Publica 22 (1):9-20.
    Is territorial jurisdiction over natural resources justified? This paper argues that a freedom-based account of self-determination coupled with ‘functionalist’ justifications of territorial right support territorial jurisdiction over natural resources. This justification simultaneously gives rise to limits on the permissible exercise of the right: the principles of reciprocity and generality, and of equal freedom. This ‘reciprocal’ view on territorial jurisdiction over natural resources, defended here, differs from two alternatives: the traditional sovereignty view on the one hand and (...)
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  33.  27
    Territory Lost - Climate Change and the Violation of Self-Determination Rights.Frank Dietrich & Joachim Wündisch - 2015 - Moral Philosophy and Politics 2 (1):83-105.
    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 (...)
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  34.  16
    Taking Place Seriously: Territorial Presence and the Rights of Immigrants.Paulina Ochoa Espejo - 2016 - Journal of Political Philosophy 24 (1):67-87.
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  35. Territorial Autonomy as a Minority Rights Regime in Post-Communist Countries.Pal Kolsto - 2002 - In Will Kymlicka & Magda Opalski (eds.), Can Liberal Pluralism Be Exported?: Western Political Theory and Ethnic Relations in Eastern Europe. Oxford University Press.
  36.  22
    Animal Kingdoms: On Habitat Rights for Wild Animals.Steve Cooke - 2017 - Environmental Values 26 (1):53-72.
    The greatest threat faced by wild animals often comes from the destruction of their habitats by humans. Traditional environmental-conservation paradigms often fail to prevent this destruction. This paper claims that, where access to habitat is a necessary condition of their continued existence or wellbeing, wild animals have sufficiently strong interests in their habitat to generate rights to it. The paper argues that these rights should be instantiated in the form of collective usufructuary property rights, and, in cases (...)
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  37.  37
    The Territorial State in Cosmopolitan Justice.Avery Kolers - 2002 - Social Theory and Practice 28 (1):29-50.
    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, (...)
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  38.  39
    Water Crisis Adaptation: Defending a Strong Right Against Displacement From the Home.Cara Nine - 2016 - Res Publica 22 (1):37-52.
    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 (...)
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  39. What is the Right to Exclude Immigrants?Sune Lægaard - 2010 - Res Publica 16 (3):245-262.
    It is normally taken for granted that states have a right to control immigration into their territory. When immigration is raised as a normative issue two questions become salient, one about what the right to exclude is, and one about whether and how it might be justified. This paper considers the first question. The paper starts by noting that standard debates about immigration have not addressed what the right to exclude is. Standard debates about immigration furthermore tend to result either (...)
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  40.  47
    Attachment to Territory: Status or Achievement?Avery Kolers - 2012 - Canadian Journal of Philosophy 42 (2):101-123.
    It is by now widely agreed that a theory of territorial rights must be able to explain attachment or particularity: what can link a particular group to a particular place with the kind of normative force necessary to forbid encroachment or colonization?1 Attachment is one of the pillars on which any successful theory of territory will have to stand. But the notion of attachment is not yet well understood, and such agreement as does exist relies on unexamined assumptions. (...)
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  41.  62
    Corporate Social Responsibility and International Human Rights Law.Robert McCorquodale - 2009 - Journal of Business Ethics 87 (2):385 - 400.
    The United Nations Special Representative on Transnational Corporations and Human Rights, John Ruggie, has adopted a new framework for considering this issue within the international legal system. This article examines this framework in terms of its coherence, its consistency with international human rights law and how it can be 'operationalized' (which is required by the United Nations). In regard to the states legal obligation to protect human rights, it is considered whether this obligation is broader and deeper (...)
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  42.  28
    The Volcanic Asymmetry or the Question of Permanent Sovereignty Over Natural Disasters.Alejandra Mancilla - 2015 - Journal of Political Philosophy 23 (1):192-212.
    Why do we assign to countries rights to all the positive utilities from their natural resources, but hold them under no duty to bear costs for the negative utilities generated by those resources for those beyond their borders? In this paper I suggest that this ‘volcanic asymmetry’ has been overlooked by statist and cosmopolitan theories and that, despite of the arguments that might be given on its behalf, keeping this asymmetry requires further normative justification. I present two ways of (...)
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  43. The Emergence of Borders: Moral Questions Mapped Out.Joel Walmsley & Cara Nine - 2014 - Russian Sociological Review 13 (4):42-59.
    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 (...)
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  44.  42
    A Phenomenological Theory of the Human Rights of an Alien.William E. Conklin - 2006 - Ethical Perspectives 13 (3):411-467.
    International human rights law is profoundly oxymoronic. Certain well-known international treaties claim a universal character for human rights, but international tribunals often interpret and enforce these either narrowly or, if widely, they rely upon sovereign states to enforce the rights against themselves. International lawyers and diplomats have usually tried to resolve the apparent contradiction by pressing for more general rules in the form of treaties, legal doctrines, and institutional procedures. Despite such efforts, aliens remain who are neither (...)
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  45.  6
    Common Possession of the Earth and Cosmopolitan Right.Alice Pinheiro Walla - 2018 - Las Torres de Lucca. International Journal of Political Philosophy 7 (13):255-276.
    La posesión común de la tierra fue una idea prominente en la filosofía moderna del siglo xvii. En este artículo, sostendré que Kant no sólo propuso una versión secular de la posesión común de la tierra, sino que también se diferenció de forma radical de la concepción iusnaturalista de sus predecesores. Propongo que la revisión kantiana del derecho cosmopolita se dirige al mismo problema que el derecho de necesidad de Grocio, a saber, la implausibilidad de asumir derechos adquiridos absolutos cuando (...)
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  46.  17
    Justice and Natural Resources: An Egalitarian Theory.Chris Armstrong - 2017 - Oxford: Oxford University Press.
    Struggles over precious resources such as oil, water, and land are increasingly evident in the contemporary world. States, indigenous groups, and corporations vie to control access to those resources, and the benefits they provide. These conflicts are rapidly spilling over into new arenas, such as the deep oceans and the Polar regions. How should these precious resources be governed, and how should the benefits and burdens they generate be shared? Justice and Natural Resources provides a systematic theory of natural resource (...)
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  47. Who Owns It? Three Arguments for Land Claims in Latin America.Christian Barry & Gerhard Øverland - 2017 - Revista de Ciencia Politica 37 (3):713-736.
    Indigenous and non-indigenous communities in Latin America make land claims and support them with a variety of arguments. Some, such as Zapatistas and the Mapuche, have appealed to the “ancestral” or “historical” connections between specific communities and the land. Other groups, such as MST in Brazil, have appealed to the extremely unequal distribution of the land and the effects of this on the poor; the land in this case is seen mainly as a means for securing a decent standard of (...)
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  48.  2
    Rights and Territories: A Reply to Nine, Miller, and Stilz.A. J. Simmons - 2019 - Politics, Philosophy and Economics 18 (4):v-xx.
    Rights and Territories: A Reply to Nine, Miller, and Stilz’ defends the Lockean theory of states’ territorial rights against the critiques of Nine, Miller, and Stilz. In response to Nine’s concern that such a Lockean theory cannot justify the right of legitimate states to exclude aliens, it is argued that a consent-based theory like the Lockean one is flexible enough to justify a wide range of possible incidents of territorial rights – importantly including, though not (...)
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  49.  37
    Gentrification and Occupancy Rights.Jakob Huber & Fabio Wolkenstein - 2018 - Politics, Philosophy and Economics 17 (4):378-397.
    What, if anything, is problematic about gentrification? This article addresses this question from the perspective of normative political theory. We argue that gentrification is problematic insofar as it involves a violation of city-dwellers’ occupancy rights. We distinguish these rights from other forms of territorial rights and discuss the different implications of the argument for urban governance. If we agree on the ultimate importance of being able to pursue one’s located life plans, the argument goes, we must (...)
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  50.  3
    A Global Biodiversity Fund to Implement Distributive Justice for Genetic Resources.Anna Deplazes‐Zemp - 2019 - Developing World Bioethics 19 (4):235-244.
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