In ‘What’s Wrong with Colonialism,’ Lea Ypi argues that the wrong of colonialism can be expressed as procedural wrongs, not as wronging territorial rights. On her view, colonial practices went wrong in two ways: they forced residents into political associations, and the terms of the political association were not established through equal and reciprocal negotiations. I argue that because Ypi’s account successfully side-lines all but essential claims to territory, her theory ends up being vulnerable to an objection it means to (...) avoid. Historical residents may be subject to unequal treatment under newly formed political associations because their historical patterns of land use are not considered to have any independent moral weight. My analysis does not rely on any appeal to property or territorial rights. Instead, I appeal to pre-existing obligations holding between residents. (shrink)

Liberals conceive of territorial rights as dependent on the legitimacy of the state, which is in turn understood in terms of the state’s protection of individual rights and freedoms. Such justifications of territorial rights have difficulties in addressing the right to control immigration, which is therefore in need of additional justification. The paper considers Christopher Heath Wellman’s liberal proposal for justifying the right to control immigration, which understands the right as derivative of a general right to freedom of association held (...) collectively by the people of the state. The paper argues that state legitimacy and freedom of political association fail to connect in the way required to justify a right to control immigration. Wellman’s argument conflates the state as an institution and the people as a political collective and elides the difference between territorial jurisdiction and associational freedom. (shrink)

Margaret Moore offers a comprehensive normative theory of territory.

This important new book by one of the world's leading political theorists boldly questions the moral justification for organizing our world as a territorial states-system and proposes major changes to states' sovereign powers.

This piece discusses the account of contested territories and of corrective justice Moore offers in A Political Theory of Territory. In Chapter 6, Moore offers an occupancy account of boundary-drawing. My discussion focuses on the status of Moore's occupancy account compared to the statist and nationalist accounts it aims to replace. Specifically, I consider whether these other accounts are as unsuccessful as Moore suggests, and whether Moore's account is as distinct from these accounts as she suggests. In Chapter 7, Moore (...) offers a distinction between three different types of rights violations involved in the unjust taking of territory, and considers potential remedies for each. My discussion focuses on the arguments Moore offers to justify the presence or absence of certain remedies, in particular the right of return and the redistribution of land. I conclude that the territorial claims of historically wronged groups are too quickly dismissed, and I suggest that this is problematic from the point of view of Moore's own account. (shrink)

Territory loss and uninhabitability characterize the current environmental background conditions of the international state system. Such conditions present pressing moral questions about our obligations to protect those who are displaced by anthropogenic climate change. By virtue of our participation in the territorial state system, understood as a social practice, we have principled grounds to address some of the consequences of the uninhabitability conditions brought on by climate change. By assuming territorial instability and employing a practice-based method of justification we can (...) identify a fundamental, basic right protected under the state system – the right to a livable locality – which grounds a moral obligation to protect against climate change-induced displacement. Assuming territorial instability and uninhabitability compels us to recognize that the causes generating climate-displacement are not merely natural but rather deeply political and that displacement is a foreseeable failure that results because of the state system’s organizational structure. (shrink)

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...

Instead of treating art as a unique creation that requires reason and refined taste to appreciate, Elizabeth Grosz argues that art-especially architecture, music, and painting-is born from the disruptive forces of sexual selection. She approaches art as a form of erotic expression connecting sensory richness with primal desire, and in doing so, finds that the meaning of art comes from the intensities and sensations it inspires, not just its intention and aesthetic. By regarding our most cultured human accomplishments as the (...) result of the excessive, nonfunctional forces of sexual attraction and seduction, Grosz encourages us to see art as a kind of bodily enhancement or mode of sensation enabling living bodies to experience and transform the universe. Art can be understood as a way for bodies to augment themselves and their capacity for perception and affection-a way to grow and evolve through sensation. Through this framework, which knits together the theories of Charles Darwin, Henri Bergson, Gilles Deleuze, Félix Guattari, and Jakob von Uexküll, we are able to grasp art's deep animal lineage. Grosz argues that art is not tied to the predictable and known but to new futures not contained in the present. Its animal affiliations ensure that art is intensely political and charged with the creation of new worlds and new forms of living. According to Grosz, art is the way in which life experiments with materiality, or nature, in order to bring about change. (shrink)

18 November 2019CH: Thank you for agreeing to do this. The prompt for the interview was to talk about your recently published book, Territorial Sovereignty, but I thought before we got into that you could say something about your earlier work and how that led you to be interested in this particular project that you deal with in the book.

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, the (...) argument shows that territorial self-determination, exercised at geographically small scales, is necessary for global justice. (shrink)

"Territorial Presence As A Ground For Claims: Some Reflections" returns to political theory to assess the moral and legal position of those individuals who are inside the territory of liberal democratic states, but whose very presence has been unauthorised by the state. The author asks the question as to what their bodily presence means and does from a political perspective. The paper is part of a broader political phenomenology of territoriality in liberal national thought and puts emphasis on the (...) idea that it is migrants’ bodily presence within the state’s territory that lies at the analytical heart of the conversation about irregular immigrants. What is paradoxical about territorial presence of unauthorised migrants is that such presence is simultaneously the source of the offence states invoke as a justification for making them ‘illegal’; the basis for protections the migrants may claim against the state for basic fair treatment while present; and the ground for claims they make to remain present – i.e., to stay in the territory. Territorial presence is thus a fertile ground for the analysis of arbitrary law-making in migration. The author sets out to analyse some recent legal developments pertaining to the governance of irregular non-citizen immigrants in the United States. These developments bear on the project of theorising "immigrant justice" as resistance to the growing illiberalization of migration policy. In her view, the very existence of a class of people designated as irregular migrants within state polities presupposes that such polities maintain formal exclusionary border regimes and that in such regimes, some persons are predesignated as ineligible for entry. And even though those exclusion rules do not function to fully preclude entry and presence of such persons, states do not treat their arrival as an automatic basis for full membership either. Hence, irregular immigrants are territorially present in a state that purports to eschew that presence. The author then explores how the idea of “sanctuary” relates to the kinds of claims that both liberal humanitarians and immigrant justice advocates have been making over the last few years. These are claims which ground protection in what exponents cite as the overriding ethical significance of immigrants’ territorial presence – their already-hereness – as the basis for recognition and rights. In particular, the author makes the case that even though "sanctuary" provides a logic of safe harbour, it fails to end the predicament of constitutive based in border exclusionism. For her, the political, social, but also philosophical, struggle for the idea of border abolitionism requires a figurative sword that must go beyond sanctuary so that borders are not just mitigated, but radically deconstructed and even destroyed. The author takes this to be the vital imperative that confronts all legal and political theorists who must engage the normative challenge of rethinking arbitrary law-making in view of the new inequalities that a global political order grounded on sovereign borders produces. (shrink)

Supporters of open borders sometimes argue that the state has no pro tanto right to restrict immigration, because such a right would also entail a right to exclude existing citizens for whatever reasons justify excluding immigrants. These arguments can be defeated by suggesting that people have a right to stay put. I present a new form of the exclusion argument against closed borders which escapes this “right to stay put” reply. I do this by describing a kind of exclusion that (...) has not been discussed in depth, which I call “territorial exclusion.” Territorial exclusion is the process according to which the group that wishes to exclude current citizens secedes from the territory in which those citizens reside. I argue that the wrongness of territorial exclusion explains why there is no pro tanto right for a state to exclude immigrants, because otherwise there would be a pro tanto right for the state to kick people out by seceding from the territory they inhabit. Because kicking people out like this is typically wrong, borders cannot be closed. (shrink)

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 territories. After introducing (...) a differentiation between land rights and territorial rights, previous theoretical responses to the problem of sinking islands are criticized. It is argued that states may be required to give up parts of their territory as compensation. The paper develops criteria of sufficiency for compensatory territories and proposes to base their selection process on a negative auction. Since it is unlikely that unsettled compensatory territories that meet the specified requirements are available, the rights of their original inhabitants are discussed. (shrink)

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 focus on some difficulties (...) they encounter, in particular with regard to the justification of exclusion. (shrink)

Functionalists hold that the territorial rights of states are grounded solely in their successful performance of their morally mandated functions. In this paper, I defend a distinctive functionalist view of the right of territorial jurisdiction. I develop this view over the course of considering a variety of objections to functionalism that arise from reflection on cases of non- violent and otherwise rights-respecting annexation. Functionalism’s critics argue that it is committed to counterintuitive implications in these cases, as it is unable to (...) explain why the usurper states do not gain rights over the territory they take over. Against these critics, I argue that functionalism can in fact deliver intuitively plausible verdicts regarding: (a) the territorial rights of unsuccessful states; (b) the morality of military occupation; and (c) the appropriate response to past territorial injustices. (shrink)

This chapter offers a brief contextualization of the key terms space, territory, and geography. It examines some of Foucault's most well‐known and overt engagements with geography including the heterotopia and spatial partitioning. The chapter explores how Foucault went beyond these concepts to more richly worked geographical analyses in three areas: health, discipline, and governmentality. One of Foucault's most well‐known discussions is the treatment he gives to the panopticon in Discipline and Punish, the architectural principle associated with the English social reformer (...) Jeremy Bentham in the late eighteenth century. Foucault's “spatial combat” is not the hidden key to his work, but rather an aspect that he turned to throughout his life as a tool of analysis in order to think through power/knowledge. (shrink)

This chapter examines one of the most serious problems with the principle of self‐determination, viz., that this concept does not tell us who the peoples are that are entitled to self‐determination or the jurisdictional unit that they are entitled. It examines indigenous, historical, superior culture, and occupancy arguments for rights to a particular territory and suggests normative principles for thinking about jurisdictional units.

The Kurdish-led autonomous entity called Autonomous Administration of North and East Syria - also known as Rojava - considers women?s liberation an imperative condition for shaping a democratic society. The practice of autonomy in NES shares strong resemblances with Non- Territorial Autonomy models; however, it introduces a novelty in the role of women as active agents in building a plurinational democracy. This paper examines the intellectual and political origins of the political role ascribed to women in autonomous administrations and how (...) the practice of autonomy in Rojava has advanced women?s rights by shedding light on both institutional implementation of women?s rights, as well as the creation of -territorial spaces of women?s emancipation within the autonomous model. The argument made is that the conceptual framework of the Rojava model goes beyond the Kurdish question and can be considered an attempt to resolve a democratic deficit of liberal democratic nation-states through bringing together solutions that address the intertwined subordination of minorities and women. nema. (shrink)

The concepts of territory and ritornello cannot be separated from one another, despite the fact that scholarship tends to restrict the former to discussions of politics and the latter to discussions of art. Deleuze and Guattari deploy the combination of territory and ritornello, along with associated notions such as rhythm, milieu, counterpoint and force, as a method to describe and understand the formation, existence and relations of living beings. They understand ‘life’ to also include a variety of nonorganic entities, such (...) as social formations. Territory and ritornello provide a philosophical alternative to understanding the existence of beings in terms of an immutable, unchanging transcendent structure, such as divine revelation, politico-economic ideology or cultural identity. As such, this conceptual pair is a necessary element in translating Deleuze and Guattari's metaphysical commitment to immanence and univocity into ethical and political theory and practice. (shrink)

This chapter considers the extent to which the self-determination argument, which justifies a people in exercising jurisdictional authority over territory, can be extended to justify those people in exercising control over the flow of persons and goods across borders. It considers whether preventing people from entering a state is a violation of their rights to free movement and rights to subsistence. Whatever the legitimacy of the right to control borders, it has to be understood as at best a qualified right, (...) since it has to be pursued in ways consistent with basic human rights. Richer political communities, it is argued, have obligations to ensure that basic entitlements of people to live a decent life are met, even if that does not amount to a direct argument for open borders. (shrink)

Liberal defences of nationalism, prevalent since the mid-1980’s, have largely neglected the fact that nationalism is primarily about land. Territorial Rights examines the generic types of territorial claims customarily put forward by national groups as justification for their territorial demands, within the framework of what has come to be known as ‘liberal nationalism’.

In Sharing Territories, Cara Nine defends a river model of territorial rights. On a river model, groups are assumed to be interdependent and overlapping. Drawing on natural law philosophy, Nine's theory argues for the establishment of foundational territories around geographical areas like rivers.

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 combust fossil (...) fuels that is set in opposition to global climate change mitigation imperatives. Moreover, granting full national sovereignty over territorial carbon sinks may conflict with commitments to equity in the sharing of national mitigation burdens, since much of the planet’s carbon sink capacity lies within territorial borders to which peoples have widely disparate access. In this paper, I shall explore this tension between a global justice principle that is often applied to mineral resources and its tension with contrary principles that are often applied to carbon sink access, developing an analysis that seeks to reconcile what would otherwise appear to be fundamentally incompatible aims. (shrink)

Using the notion of territorialization, the text traces connecting points between classical American pragmatism and contemporary Latin American philosophy as an effort to counter the usual criticism that states that because of its origins in the north of the continent pragmatism has nothing to offer to the construction of any sound philosophy in the south, while recognizing that its history, that of pragmatism, can be read in parallel of the history of the ways in which Latina American philosophies were built (...) since the beginning of the 20th century. (shrink)

The Territories of Human Reason is the first major study to explore the emergence of multiple situated rationalities. It focuses on the relation of the natural sciences and Christian theology, but its approach can easily be extended to other disciplines. It provides a robust intellectual framework for discussion of transdisciplinarity, which has become a major theme in many parts of the academic world. McGrath offers a major reappraisal of what it means to be 'rational' which will have significant impact on (...) older discussions of this theme. He sets out to explore the consequences of the seemingly inexorable move away from the notion of a single universal rationality towards a plurality of cultural and domain-specific methodologies and rationalities. This groundbreaking volume will provoke intense discussion and debate. (shrink)

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...

What is wrong with colonialism? The standard—albeit often implicit—answer to this question has been that colonialism was wrong because it violated the territorial rights of indigenous peoples, where territorial rights were grounded on acquisition theories. Recently, the standard view has come under attack: according to critics, acquisition based accounts do not provide solid theoretical grounds to condemn colonial relations. Indeed, historically they were used to justify colonialism. Various alternative accounts of the wrong of colonialism have been developed. According to some, (...) colonialism involved a violation of territorial rights grounded on legitimate state theory. Others reject all explanations of colonialism's wrongfulness based on territorial rights, and argue that colonial practices were wrong because they departed from ideals of economic, social, and political association. In this article, we articulate and defend the standard view against critics: colonialism involved a procedural wrong; this wrong is not the violation of standards of equality and reciprocity, but the violation of territorial rights; and the best foundation for such territorial rights is acquisition based, not legitimacy based. We argue that this issue is not just of historical interest, it has relevant implications for the normative evaluation of contemporary inequalities. (shrink)

Globalization challenges the state-centric realist view of space and authority within International Relations. Using multifaceted concepts of territoriality and non-territoriality, this article goes into three versions of current territorial fragmentation or connectivity – deterritorialization, extraterritorialization and reterritorialization. They are to enable us to reveal the proliferation of globally relevant social and power dynamics above, below and within the state domain. At the same time, they are to illuminate the ambivalent role of states played in an era of global (...) interconnectedness. (shrink)

ArgumentThe article examines the organizational patterns of nineteenth-century Swiss Alpine geology. It argues that early and middle nineteenth-century Swiss geognosy was shaped in genealogical terms and that the patterns of genealogical reasoning and practice worked as a vehicle of transmission toward the generalization of locally gained empirical knowledge. The case study is provided by the Zurich geologist Albert Heim, who, in the early 1870s, blended intellectual and patrilineal genealogies that connected two generations of fathers and sons: Hans Conrad and Arnold (...) Escher, Albert and Arnold Heim. Two things were transmitted from one generation to the next, a domain of geognostic research, the Glarus Alps, and a research interest in an explanation of the massive geognostic anomalies observed there. The legacy found its embodiment in the Escher family archive. The genealogical logic became visible and then experienced a crisis when, later in the century, the focus of Alpine geology shifted from geognosy to tectonics. Tectonic research loosened the traditional link between the intimate knowledge of a territory and the generalization from empirical data. (shrink)

State sovereignty is closely intertwined with, but not limited to, control over territory and people. It has long been recognized that control over monetary affairs is a critical part of genuine sovereignty. In this Article, I go a step further and argue that the relevance and importance of territorial versus monetary sovereignty has shifted in favor of the latter. This shift goes hand in hand with the rise of credit-based financial systems. Such systems depend, in the last instance, on backstopping (...) by an entity with control over its own money supply and no binding survival constraints. Only states with monetary sovereignty fit this pattern. All others are de facto more like private entities, which by definition cannot manipulate their own survival constraint. States can surrender their monetary sovereignty directly by adopting another currency or by issuing their own debt in foreign currency and under foreign law. They also compromise their sovereignty by permitting unlimited capital inflows denominated in currencies other than their own. This is because in times of crisis they will not be able to rescue the domestic financial system from its tendency to self-destruct without subjecting itself to a sovereign debt crisis and the implied need to rely on a lifeline from other states or supranational entities. (shrink)

Little work has been done to explore the moral foundations of the state’s right to territory.1 In modern times, the state has mostly been assumed to be a territorial unit, and no need was perceived to reflect on precisely what justifies its territorial jurisdiction. The state’s territoriality is related to another topic that has remained under-theorized: immigration. There is, moreover, an obvious relationship between these topics: the more powerful a state’s rights over its territory, the more powerful the right (...) to constrain access to that territory might become – or so, at any rate, we might suppose. Rights to territory and rights to immigration are usefully theorized together.2 Our starting point is a Lockean analysis of the moral foundations of territoriality offered by Simmons (2001). This is a natural starting point not only because Simmons is one of the very few contemporary writers who have taken up philosophical questions about territoriality in the first place, but also because Locke’s thought, as Simmons makes clear, actually allows for the development of a sophisticated account of territoriality. This makes Locke stand out simply because generally modern political.. (shrink)

This chapter offers a conceptual analysis of territory, distinguishes it from property accounts, and discusses different versions of property accounts, all derived from Locke’s ‘Second Treatise of Government’. It offers a conceptual analysis of territory and the various rights associated with territory. According to Locke, territorial right is established through the subjection, by free consent, of persons and their land to state authority. This theory is found to rest on a number of flawed assumptions, among them claims to natural rights (...) of property and an obvious link between private property and territorial jurisdiction. Cara Nine draws on Lockean principles to claim that a state is a collective that, like individuals, owns property, namely the territory of the state. After examining the historical antecedents of such ideas, the chapter points away from them and towards accounts of territory based on individual and collective claims of rights. (shrink)

Resumen: La impronta colonial en el pueblo mapuche llevó a gran parte de sus producciones culturales al borde de la extinción; una de ellas es el tallado monumental en madera, vinculado a procesos ceremoniales en la cultura ancestral. No obstante, desde la década de los noventa, este reaparece junto con los procesos de recuperación y fortalecimiento de la identidad cultural, y adquiere una rápida expansión en el antiguo territorio mapuche dinamizando la frontera política y cultural de este pueblo bajo dos (...) vertientes, como práctica cultural tradicional o como expresión de un arte moderno mayoritariamente urbano. En este marco, este trabajo indaga cómo la instalación del tallado monumental resignifica los espacios urbanos y rurales del Güllumapu. Se sostiene que estas producciones culturales actúan semiotizando el espacio de contacto cultural, refundando el antiguo wallmapu o territorio mapuche, proceso que se realiza al inscribir una fuerte carga simbólica que convoca un nuevo sentido del tiempo-espacio histórico en el territorio mediante una “producción de localidad”, articulando categorías de identidad cultural y nacional, y colaborando en la recuperación de las fronteras al construir una narrativa de la identidad cultural y nacional en un contexto adverso.: The colonial stamp on the Mapuche people led their cultural productions in large part to the brink the extinction. One of these is monumental wood carving, linked to ceremonial processes in the ancestral culture. However, since the 1990s, this has reappeared together with the processes of recovery and strengthening of the cultural identity, and has rapidly expanded into the old Mapuche territory, invigorating the political and cultural border of this people with two main focuses: as a traditional cultural practice or as an expression of mainly urban modern art. In this framework, this study investigates how the installation of monumental carving is redefining the urban and rural spaces of Güllumapu. It is maintained that these cultural productions act by semiotizing the cultural contact space, refounding the old wallmapu or Mapuche territory, a process done by inscribing a strong symbolic power that summons a new sense of the historical time-space in the territory through a “production of place”, articulating categories of cultural and national identity and collaborating in the recovery of the borders by constructing a narrative of the cultural and national identity in an adverse context. (shrink)

A comprehensive exploration of theories of citizenship and inclusiveness in an age of globalization. The authors analyze democracy and the political community in a transnational context, using new critical, conceptual and normative perspectives on the borders, territories and political agents of the state.

Chapter 4 examines the possible strategies of moral justification for states’ claims to jurisdictional and property-like authority over a particular geographical territory. It distinguishes nationalist, functionalist, and voluntarist strategies, dividing this last category into Lockean-individualist and plebiscitary voluntarism. All of these strategies are viewed as possible responses to cosmopolitan skepticism on these questions. Nationalism, functionalism, and plebiscitary voluntarism are criticized for their strongly counterintuitive implications. In particular, the chapter stresses their problems with “trapped minorities,” where minority groups or individuals do (...) not share the political interests and assumptions of the majority nation or people, and their implausible commitments concerning “rights supersession,” where rights are assumed to lapse or pass to wrongdoers. (shrink)

Can we describe certain sonic experiences as “homely,” even when they take place outside of a traditional home-space? While phenomenological accounts of home abound, with writers detailing a rich spectrum of the felt characteristics of the homely including safety, familiarity, and affective “warmth,” there is a scarcity of research into sonic experience that engages with such literatures. With specific interest in the experience of embodied space, I account here for what might be termed feelings of “sonic homeliness” as they emerge (...) during headphone listening. After forming a conceptual model of homeliness that draws from phenomenological philosophy, I investigate its applicability to experiences of headphone listening. Through analysis of primary interview data, I consider how headphones may be said to territorialize space for listeners, analyzing how sonic “boundaries” are experienced in relation to the body, as well as how some listeners describe their experiences as interiorized, comforting, and “wombic.”. (shrink)

This book investigates how, from the seventeenth century onward, philosophers, philologists and historians described various world "cultures", colonized the past (or national pasts), and thus invented Europe's philosophical nature. In the recent past, critical discussions concerning notions such as "cultural area" and "area studies", as well as their relativizations by means of conceptions that avoid splitting clearly identified areas (inter alia, "third space", "hybridity", "diaspora", or "cosmopolitism"), drew attention to the long history of cultural territorialization. This book attempts to open (...) the history of philosophy to reflexive and globalizing tendencies elaborated in the field of "world history". From the seventeenth century onward, in both modern Europe and North America, historical sciences - notably philosophical historiography and cultural history - colonized both the past (or national pasts) and the "rest" of the world. The contributions gathered in the present volume address both phenomena to the extent that they have been linked with modern historicization of philosophy, sciences, and culture. (shrink)

Territorial rights come with both costs (war, inequality and oppression) and benefits (political participation, coordinated use of resources). The immense importance of these normative aspects of territorial rights solidifies our need for a principled theory of territory. With globalisation and transnational interactions, a cosmopolitan account of territorial rights is required – it should justify territorial authority generally. This generalised justification must also provide an account of the special, normative relationship that certain groups have with certain lands and resources, providing groups (...) with special claims to particular lands. Since democratic theory values territoriality for its necessary relationship to equality and individual autonomy, a comprehensive democratic account of territorial rights presents a real possibility for explaining territorial claims from cosmopolitan ideals. Unfortunately, democratic accounts of territoriality suffer a serious drawback; they cannot give a comprehensive account of self-determination rights over particular land and resources. On the contrary, democratic theory addresses only persons – how they should be treated and how their associations should be organised. The first half of this article explains how democratic accounts of self-determination are wanting in specific ways. The second half presents an alternative account of the right of self-determination and territorial rights as a feature of compromise. Because compromise is an essential element of democracy and an important element of justice, it can be used to explain the unique connection that democracies have with a particular territory. Through this theory of compromise, we can explain the scope, longevity and breadth of a democracy's territorial rights from cosmopolitan ideals. However, this account has acute limitations. As merely an initial sketch of theoretical connections between democracy and territory, it does not yet offer an account of the complicated territorial issues of transnational democratic associations. In fact, the theory from compromise reveals a vital obstacle for the establishment of borders, especially in cases of possible secession. (shrink)

Taking advantage of economic opportunities has led to numerous conflicts between society and business in various geographies of the world. Companies have developed social responsibility programs to prevent and manage these types of problems. However, some authors comment that these programs lack a strategic vision. Starting with the Working with People model, created for the field of rural development planning, this paper proposes a methodology to prevent the generation of social conflicts from business strategy: the territorial dimension. The proposal emphasizes (...) that local development support prevents the generation of social conflicts. Finally, an experience in Peru, a country that has been characterized in recent years by high economic growth and also by the presence of social conflicts that have stopped entrepreneurship is analyzed. (shrink)

This paper explores the ‘puzzle of the nomads’ in the Metaphysics of Morals: the apparent tension between Kant’s argument about the duty to leave the state of nature and his insistence that European colonizers cannot permissibly force nomads to enter a civil union. Arguing that the puzzle is twofold, I suggest that the answer lies in the relationship between the state and territory in Kant’s work. After showing the shortcomings of an approach which suggests that nomadic peoples cannot enter the (...) civil state without settling, I defend an alternative interpretation, which conceives the territoriality of the state as contingent. (shrink)

This article presents an attempt to approach the dispute over Kosovo between Serbs and Albanians from a non-territorial perspective, with particular focus on the preservation of the Serbian cultural and religious heritage. First, we argue that the Kosovo issue is at present commonly understood as an either-or territorial dispute over sovereignty and recognition between Serbian and Kosovo Albanian politicians. However, we claim that a lasting resolution to the Kosovo issue actually needs to account for at least three separate aspects: 1) (...) status of Northern Kosovo which is ethnically Serbian and still maintains various ties with the Serbian state, 2) status of Serbian cultural and religious heritage, chiefly UNESCO world heritage Serbian medieval monasteries and churches and 3) the fact that the Serbian population in central Kosovo, i.e. south of the river Ibar, where most of the mentioned monasteries and churches are located, are located in small municipalities or enclaves of Serbs surrounded by vast Albanian populations. We examine the applicability of the non– territorial approach to the Kosovo issue by analyzing the normative framework directly regulating the Serbian cultural and religious heritage in Kosovo, its preservation and protection, particularly of Serbian Orthodox monasteries, churches and other historical and cultural sites, while comparing these regulations to the existing normative NTAs in Croatia and Montenegro. Arguably, since most Serbian monasteries and churches are not included in any sovereignty negotiations, we point to the potential to combine territorial and non–territorial approaches, regardless of the continued obstacles in implementation arising from continued contestation of Kosovo’s sovereign status. This article presents an attempt to approach the dispute over Kosovo between Serbs and Albanians from a non-territorial perspective, with particular focus on the preservation of the Serbian cultural and religious heritage. First, we argue that the Kosovo issue is at present commonly understood as an either-or territorial dispute over sovereignty and recognition between Serbian and Kosovo Albanian politicians. However, we claim that a lasting resolution to the Kosovo issue actually needs to account for at least three separate aspects: 1) status of Northern Kosovo which is ethnically Serbian and still maintains various ties with the Serbian state, 2) status of Serbian cultural and religious heritage, chiefly UNESCO world heritage Serbian medieval monasteries and churches and 3) the fact that the Serbian population in central Kosovo, i.e. south of the river Ibar, where most of the mentioned monasteries and churches are located, are located in small municipalities or enclaves of Serbs surrounded by vast Albanian populations. We examine the applicability of the non– territorial approach to the Kosovo issue by analyzing the normative framework directly regulating the Serbian cultural and religious heritage in Kosovo, its preservation and protection, particularly of Serbian Orthodox monasteries, churches and other historical and cultural sites, while comparing these regulations to the existing normative NTAs in Croatia and Montenegro. Arguably, since most Serbian monasteries and churches are not included in any sovereignty negotiations, we point to the potential to combine territorial and non–territorial approaches, regardless of the continued obstacles in implementation arising from continued contestation of Kosovo’s sovereign status. (shrink)

The search for equity in science policy (in terms of territory, gender and other inequalities of opportunity) faces strong tensions with academic excellence, autonomy and meritocracy, which ultimately tend to concentration. Integrating different but related approaches and concepts, this article proposes an analytical framework to study the evolution of scientific policies, instruments or organizations through the lens of these tensions. The utility of this framework is illustrated by a case study of the Argentine National Scientific and Technical Research Council (CONICET (...) in Spanish) and its scientific researcher career, with a focus on the deconcentration initiatives during the 2010-2022 period. This comprehensive perspective shows how tensions and contradictions translate into frequent marches and countermarches, turning the career calls into an incoherent set of layers, rationales, objectives and impacts, which counteract each other and tend to perpetuate rather than diminish territorial inequalities. Beyond this particular case study, we hope that this approach can be adapted in future research to examine other science policies and institutions, in order to identify and highlight the internal tensions that could interfere with some of the intended (equity) objectives. (shrink)

European Journal of Political Theory, Volume 21, Issue 3, Page 608-614, July 2022. In The Shifting Border, Ayelet Shachar argues that the exercise of sovereign power through border regimes no longer tracks territorial boundaries. In my commentary, I first argue that Shachar’s analysis implicitly calls into question the legitimacy of the international order. I then raise the worry that the logic which severs the link between the exercise of sovereignty and territory is the same logic that can be used to (...) justify injustice and atrocity such as ethnic cleansing. Shachar’s normative proposals do not sufficiently recognize or guard against this risk. (shrink)

This example is provided so that non-theorists may see actual applications of the theory previously described. This study considered directly some of the components of Field Sparrow breeding success as a measure of habitat suitability, and found these to vary in a way which was inconsistent with hypotheses that territorial behavior either cues, or limits density. This study provides a valid example of how the problem can be approached and offers a first step in the eventual identification of the role (...) of territorial behavior in the habitat distribution of a common species. (shrink)

The paper analyzes recognition in relation to the global legal arrangements. It articulates of an extra-territorial recognition of right-holders by means of the development of a philosophical theory of recognition on the global level. It examines contemporary possibilities of extra-territorial recognition that are bound to the nation-states hitherto. The paper indicates an increasing influence of various transnational agents in order to show (1) the possibilities and limits of extra-territorial recognition based on a state-centric approach, and (2) a demand of supranational (...) recognition. Therefore, it maps the development from thecontemporary international system to the system that can contain also important supranational elements. In its practical consequences, it leads not only to rethinking social, political and legal philosophy but also to a philosophical reinvention of the United Nations because a new supranational stage of recognition requires not only a responsibility of the nation-states but also a direct responsibility of non-state transnationalagents. (shrink)

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 (...) the territory first and who were its prior inhabitants? Should principles of utility play a part in resolving territorial disputes? Was John Locke right to argue that the utilisation of land counts in favour of its acquisition? And should Western style settlement projects work in favour or against a nation s territorial demands? When and how should principles of equality and equal distribution come into play? Territorial Rights examines the generic types of territorial claims customarily put forward by national groups as justification for their territorial demands, within the framework of what has come to be known as liberal nationalism . The final outcome is a multifarious theory on the ethics of territorial boundaries that supplies a workable set of guidelines for evaluating territorial disputes from a liberal-national perspective, and offers a common ground for discussion (including disagreement) and for the mediation of claims. (shrink)