Abstract

The modern state is often taken as the only legitimate claimant to the division of the globe. Political theorists offer many theories of territorial rights but tend to agree that the state remains the proper institutional bearer of such rights. This article examines how states became the exclusive bearers of territorial rights by returning to the international theory of the eighteenth-century Prussian jurist Christian Wolff (1679–1754), who wrote in a moment when sovereign states were not the heirs apparent to the globe but competed with other claimants to territorial rights. Despite proposing a radically pluralistic and anti-imperial account of land ownership, Wolff nonetheless paved the way for the state to become the sole bearer of territorial rights. Wolff’s international thought is an illustration of how building a state-centric international order was a double-edged sword: it criticized imperial overreach while also closing the international arena to nonstate forms of collective life. In this process, he offered two distinct ideas of political space: the territorial space of states, and the land ownership tracts of nonstate peoples, including pastoralists and nomads. To Wolff, only states were entitled to full and permanent territorial rights, while nonstate peoples were shut out of the international system, made both de facto and de jure stateless.