Territorial Rights

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A Political Theory of Territory

Author : Margaret Moore
Publisher : Oxford University Press
ISBN 13 : 0190222255
Total Pages : 280 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis A Political Theory of Territory by : Margaret Moore

Download or read book A Political Theory of Territory written by Margaret Moore and published by Oxford University Press. This book was released on 2015-03-30 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our world is currently divided into territorial states that resist all attempts to change their borders. But what entitles a state, or the people it represents, to assume monopoly control over a particular piece of the Earth's surface? Why are they allowed to prevent others from entering? What if two or more states, or two or more groups of people, claim the same piece of land? Political philosophy, which has had a great deal to say about the relationship between state and citizen, has largely ignored these questions about territory. This book provides answers. It justifies the idea of territory itself in terms of the moral value of political self-determination; it also justifies, within limits, those elements that we normally associate with territorial rights: rights of jurisdiction, rights over resources, right to control borders and so on. The book offers normative guidance over a number of important issues facing us today, all of which involve territory and territorial rights, but which are currently dealt with by ad hoc reasoning: disputes over resources; disputes over boundaries, oceans, unoccupied islands, and the frozen Arctic; disputes rooted in historical injustices with regard to land; secessionist conflicts; and irredentist conflicts. In a world in which there is continued pressure on borders and control over resources, from prospective migrants and from the desperate poor, and no coherent theory of territory to think through these problems, this book offers an original, systematic, and sophisticated theory of why territory matters, who has rights over territory, and the scope and limits of these rights.

Territorial Rights

Author : Tamar Meisels
Publisher : Springer Science & Business Media
ISBN 13 : 1402038232
Total Pages : 149 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Territorial Rights by : Tamar Meisels

Download or read book Territorial Rights written by Tamar Meisels and published by Springer Science & Business Media. This book was released on 2007-09-20 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Territorial Rights

Author : Muriel Spark
Publisher : Coward McCann
ISBN 13 :
Total Pages : 256 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Territorial Rights by : Muriel Spark

Download or read book Territorial Rights written by Muriel Spark and published by Coward McCann. This book was released on 1979 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert wants nothing more than to become a serious art historian. But his hopes for a staid academic life are put on hold when he's driven from London to Venice to escape one lover and seek out another: the enigmatic Bulgarian refugee Lina Pancev. In Venice, Robert encounters a grand carnival of lust, lies, blackmail, cocktail parties, and regicide. As he chases Lina, his heart's desire, the city itself provides a priceless education in love, art, and beauty. Witty yet elegant, Territorial Rights is a celebration of human imperfection and complexity, with as many shifting identities, wardrobe changes, and sumptuous settings as a comic opera.

UN Territorial Administration and Human Rights

Author : Gjylbehare Bella Murati
Publisher : Routledge
ISBN 13 : 1351593234
Total Pages : 246 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis UN Territorial Administration and Human Rights by : Gjylbehare Bella Murati

Download or read book UN Territorial Administration and Human Rights written by Gjylbehare Bella Murati and published by Routledge. This book was released on 2020-04-30 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an original and insightful analysis of the human rights inadequacies that arise in the practice of UN territorial administration by analysing and assessing the practice of UNMIK. It provides arguments based on law and principles to support the thesis that a comprehensive legal framework governing the activities of the UN mission is a crucial prerequisite for its proper functioning. This is complemented by a discussion of several emerging issues surrounding the UN activity on the ground, namely, its legislative, judicial, and executive power. The author offers an extensive and well-documented analysis of the UN’s capacity as a surrogate state administration to respond to the needs of the governed population and, above all, protect its fundamental rights. Based on her findings, Murati concludes that only a comprehensive mandate can serve the long term interests of the international community’s objective to efficiently promote, protect, and fulfil human rights in a war-torn society. UN Territorial Administration and Human Rights provides a detailed critical legal analysis of one of the major UN administrations of territory after the Cold War, namely, the UN administration of Kosovo from 1999 to 2008. The analysis in this book will be beneficial to international law and international relations scholars and students, as well as policymakers and persons working for international organisations. The analysis and the lessons learned through this study shed light on the challenges entailed in governing territories and rebuilding state institutions while upholding the rule of law and ensuring respect for human rights.

Territory, Authority, Rights

Author : Saskia Sassen
Publisher : Princeton University Press
ISBN 13 : 1400828597
Total Pages : 512 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Territory, Authority, Rights by : Saskia Sassen

Download or read book Territory, Authority, Rights written by Saskia Sassen and published by Princeton University Press. This book was released on 2008-07-01 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Where does the nation-state end and globalization begin? In Territory, Authority, Rights, one of the world's leading authorities on globalization shows how the national state made today's global era possible. Saskia Sassen argues that even while globalization is best understood as "denationalization," it continues to be shaped, channeled, and enabled by institutions and networks originally developed with nations in mind, such as the rule of law and respect for private authority. This process of state making produced some of the capabilities enabling the global era. The difference is that these capabilities have become part of new organizing logics: actors other than nation-states deploy them for new purposes. Sassen builds her case by examining how three components of any society in any age--territory, authority, and rights--have changed in themselves and in their interrelationships across three major historical "assemblages": the medieval, the national, and the global. The book consists of three parts. The first, "Assembling the National," traces the emergence of territoriality in the Middle Ages and considers monarchical divinity as a precursor to sovereign secular authority. The second part, "Disassembling the National," analyzes economic, legal, technological, and political conditions and projects that are shaping new organizing logics. The third part, "Assemblages of a Global Digital Age," examines particular intersections of the new digital technologies with territory, authority, and rights. Sweeping in scope, rich in detail, and highly readable, Territory, Authority, Rights is a definitive new statement on globalization that will resonate throughout the social sciences.

Sovereign Rights and Territorial Space in Sino-Japanese Relations

Author : Unryu Suganuma
Publisher : University of Hawaii Press
ISBN 13 : 9780824824938
Total Pages : 322 pages
Book Rating : 4.8/5 (249 download)

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Book Synopsis Sovereign Rights and Territorial Space in Sino-Japanese Relations by : Unryu Suganuma

Download or read book Sovereign Rights and Territorial Space in Sino-Japanese Relations written by Unryu Suganuma and published by University of Hawaii Press. This book was released on 2001-03-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: In September 1996, members of the right-wing Japan Youth Federation repaired a lighthouse on one of the Diaoyu (J. Senkaku) Islands, a small group of uninhabited islets north of Taiwan in the Liuqiu (J. Ryukyu) chain, known today as Okinawa. For months, outraged ethnic Chinese in Hong Kong and Taiwan protested Japan’s presence in the islands, and violent confrontations between protesters and the Japanese Marine Self-Defense Force resulted. Tension over these incidents has subsided since 1996, but the sovereignty of the islands remains a concern for both China and Japan. The long and complex history of relations between the two countries has made the problem difficult to resolve. This volatile situation has been further complicated by the involvement of other countries, including the U.S. Although the Diaoyu/Senkaku matter may be characterized as a simple territorial dispute between two nations, it exposes complicated geopolitical relations among Japan, China, Taiwan, and the U.S. in the Asia-Pacific region. Sovereign Rights and Territorial Space in Sino-Japanese Relations is an investigation of the highly topical issues involved in the Diaoyu/Senkaku confrontation. It begins by addressing the issue of the historical development of the dispute: To whom do the islands belong? When did China and Japan become involved? Does historical evidence prove who has sovereignty over the islands? How has irredentism (the claim to territory based on one or another historical “right”) become a major state policy in both countries? Other issues center on Chinese views of sovereignty and methods of delimiting territorial boundaries during the Ming and Qing periods, the Chinese concept of hegemony, and the history behind the deep mistrust that permeates Sino-Japanese relations. Finally, the author discloses the interwoven relationship between geography and history in East Asia. Chinese and Japanese geographers have for centuries been engaged in historical analyses of the islands. Their work, which has been used in the development of national security and diplomatic policies, is an important resource and one that this book makes available to Western scholars for the first time. In addition to his careful examination of these and other sources, Suganuma utilizes theoretical writings on geographical irredentism to expose the biases of recent work on the Diaoyu/Senkaku dispute. This volume is the fullest scholarly treatment that the contested issue of the Diaoyu/Senkaku Islands has received to date in any language. It contains much of interest for historians of modern China and Japan as well as for political scientists looking for new insights into international relations and Sino-Japanese interactions. No one who reads it will look at sovereignty in the same way again.

International Human Rights Law Beyond State Territorial Control

Author : Antal Berkes
Publisher : Cambridge University Press
ISBN 13 : 1108840620
Total Pages : 389 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis International Human Rights Law Beyond State Territorial Control by : Antal Berkes

Download or read book International Human Rights Law Beyond State Territorial Control written by Antal Berkes and published by Cambridge University Press. This book was released on 2021-06-17 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of international human rights law's applicability and effectiveness in geographic areas where the State has lost territorial control.

Indigenous Peoples' Land Rights under International Law

Author : Jérémie Gilbert
Publisher : BRILL
ISBN 13 : 9004323252
Total Pages : 349 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Indigenous Peoples' Land Rights under International Law by : Jérémie Gilbert

Download or read book Indigenous Peoples' Land Rights under International Law written by Jérémie Gilbert and published by BRILL. This book was released on 2016-07-08 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements.

Immigration Detention and Human Rights

Author : Galina Cornelisse
Publisher : BRILL
ISBN 13 : 9004173706
Total Pages : 403 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Immigration Detention and Human Rights by : Galina Cornelisse

Download or read book Immigration Detention and Human Rights written by Galina Cornelisse and published by BRILL. This book was released on 2010 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.

Territorial Sovereignty

Author : Anna Stilz
Publisher : Oxford University Press, USA
ISBN 13 : 0198833539
Total Pages : 303 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Territorial Sovereignty by : Anna Stilz

Download or read book Territorial Sovereignty written by Anna Stilz and published by Oxford University Press, USA. This book was released on 2019-08-29 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Territorial Sovereignty: A Philosophical Exploration offers a qualified defense of a territorial states-system. It argues that three core values-occupancy, basic justice, and collective self-determination-are served by an international system made up of self-governing, spatially defined political units. The defense is qualified because the book does not actually justify all the sovereignty rights states currently claim, and that are recognized in international law. Instead, the book proposes important changes to states' sovereign prerogatives, particularly with respect to internal autonomy for political minorities, immigration, and natural resources. Part I of the book argues for a right of occupancy, holding that a legitimate function of the international system is to specify and protect people's preinstitutional claims to specific geographical places. Part II turns to the question of how a state might acquire legitimate jurisdiction over a population of occupants. It argues that the state will have a right to rule a population and its territory if it satisfies conditions of basic justice and also facilitates its people's collective self-determination. Finally, Parts III and IV of this book argue that the exclusionary sovereignty rights to control over borders and natural resources that can plausibly be justified on the basis of the three core values are more limited than has traditionally been thought. Oxford Political Theory presents the best new work in contemporary political theory. It is intended to be broad in scope, including original contributions to political philosophy, and also work in applied political theory. The series will contain works of outstanding quality with no restriction as to approach or subject matter. Series Editors: Will Kymlicka and David Miller.

Indigenous Peoples, Title to Territory, Rights and Resources

Author : Cathal M. Doyle
Publisher : Routledge
ISBN 13 : 1317703170
Total Pages : 417 pages
Book Rating : 4.3/5 (177 download)

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Book Synopsis Indigenous Peoples, Title to Territory, Rights and Resources by : Cathal M. Doyle

Download or read book Indigenous Peoples, Title to Territory, Rights and Resources written by Cathal M. Doyle and published by Routledge. This book was released on 2014-11-20 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.

The Oxford Handbook of Hobbes

Author : A.P. Martinich
Publisher : Oxford University Press
ISBN 13 : 0190600578
Total Pages : 680 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Hobbes by : A.P. Martinich

Download or read book The Oxford Handbook of Hobbes written by A.P. Martinich and published by Oxford University Press. This book was released on 2016-03-07 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Hobbes collects twenty-six newly commissioned, original chapters on the philosophy of the English thinker Thomas Hobbes (1588-1679). Best known today for his important influence on political philosophy, Hobbes was in fact a wide and deep thinker on a diverse range of issues. The chapters included in this Oxford Handbook cover the full range of Hobbes's thought--his philosophy of logic and language; his view of physics and scientific method; his ethics, political philosophy, and philosophy of law; and his views of religion, history, and literature. Several of the chapters overlap in fruitful ways, so that the reader can see the richness and depth of Hobbes's thought from a variety of perspectives. The contributors are experts on Hobbes from many countries, whose home disciplines include philosophy, political science, history, and literature. A substantial introduction places Hobbes's work, and contemporary scholarship on Hobbes, in a broad context.

The Birth of Territory

Author : Stuart Elden
Publisher : University of Chicago Press
ISBN 13 : 022604128X
Total Pages : 506 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis The Birth of Territory by : Stuart Elden

Download or read book The Birth of Territory written by Stuart Elden and published by University of Chicago Press. This book was released on 2013-09-09 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political theory professor Stuart Elden explores the history of land ownership and control from the ancient to the modern world in The Birth of Territory. Territory is one of the central political concepts of the modern world and, indeed, functions as the primary way the world is divided and controlled politically. Yet territory has not received the critical attention afforded to other crucial concepts such as sovereignty, rights, and justice. While territory continues to matter politically, and territorial disputes and arrangements are studied in detail, the concept of territory itself is often neglected today. Where did the idea of exclusive ownership of a portion of the earth’s surface come from, and what kinds of complexities are hidden behind that seemingly straightforward definition? The Birth of Territory provides a detailed account of the emergence of territory within Western political thought. Looking at ancient, medieval, Renaissance, and early modern thought, Stuart Elden examines the evolution of the concept of territory from ancient Greece to the seventeenth century to determine how we arrived at our contemporary understanding. Elden addresses a range of historical, political, and literary texts and practices, as well as a number of key players—historians, poets, philosophers, theologians, and secular political theorists—and in doing so sheds new light on the way the world came to be ordered and how the earth’s surface is divided, controlled, and administered. “The Birth of Territory is an outstanding scholarly achievement . . . a book that already promises to become a ‘classic’ in geography, together with very few others published in the past decades.” —Political Geography “An impressive feat of erudition.” —American Historical Review

The Ethics of Nationalism

Author : Margaret Moore
Publisher : OUP Oxford
ISBN 13 : 0191522880
Total Pages : 271 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Ethics of Nationalism by : Margaret Moore

Download or read book The Ethics of Nationalism written by Margaret Moore and published by OUP Oxford. This book was released on 2001-06-14 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ethics of Nationalism blends a philosophical discussion of the ethical merits and limits of nationalism with a detailed understanding of nationalist aspirations and a variety of national conflict zones. The author discusses the controversial and contemporary issues of rights of secession, the policies of the state in privileging a particular national group, the kinds of accommodations of minority national, and multi cultural identity groups that are justifiable and appropriate. These insights are then applied to two central nationalist aspirations: nation-building and national self-determination projects. The discussion of nation-building projects invloves a theory of the appropriate policies and principles that the state should follow in giving preferences to a particular national group. The discussion of national self-determination projets analyses the kind of prodedual right to secession that should be institutionalized in domestic constitutions or international law, and the psooibilities for accomodation rival caims to national recognition in the changing international order.

Property and Political Order in Africa

Author : Catherine Boone
Publisher : Cambridge University Press
ISBN 13 : 1107040698
Total Pages : 439 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Property and Political Order in Africa by : Catherine Boone

Download or read book Property and Political Order in Africa written by Catherine Boone and published by Cambridge University Press. This book was released on 2014-02-10 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: In sub-Saharan Africa, property relationships around land and access to natural resources vary across localities, districts, and farming regions. These differences produce patterned variations in relationships between individuals, communities, and the state. This book captures these patterns in an analysis of structure and variation in rural land tenure regimes. In most farming areas, state authority is deeply embedded in land regimes, drawing farmers, ethnic insiders and outsiders, lineages, villages, and communities into direct and indirect relationships with political authorities at different levels of the state apparatus. The analysis shows how property institutions - institutions that define political authority and hierarchy around land - shape dynamics of great interest to scholars of politics, including the dynamics of land-related competition and conflict, territorial conflict, patron-client relations, electoral cleavage and mobilization, ethnic politics, rural rebellion, and the localization and "nationalization" of political competition.

Extraterritorial Application of Human Rights Treaties

Author : Marko Milanovic
Publisher : OUP Oxford
ISBN 13 : 0191504807
Total Pages : 301 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Extraterritorial Application of Human Rights Treaties by : Marko Milanovic

Download or read book Extraterritorial Application of Human Rights Treaties written by Marko Milanovic and published by OUP Oxford. This book was released on 2013-03-28 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and domestic courts. Victims of aerial bombardment, inhabitants of territories under military occupation, deposed dictators, suspected terrorists detained in Guantanamo by the United States, and the family of a former KGB spy who was assassinated in London through the use of a radioactive toxin, allegedly at the orders or with the collusion of the Russian government - all of these people have claimed protection from human rights law against a state affecting their lives while acting outside its territory. These matters are extremely politically and legally sensitive, leading to much confusion, ambiguity and compromise in the existing case law. This study attempts to clear up some of this confusion, and expose its real roots. It examines the notion of state jurisdiction in human rights treaties, and places it within the framework of international law. It is not limited to an inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, nor even to their construction into workable legal concepts and rules. Rather, the interpretation of these treaties cannot be complete without examining their object and purpose, and the various policy considerations which influence states in their behaviour, and courts in their decision-making. The book thus exposes the tension between universality and effectiveness, which is itself the cause of methodological and conceptual inconsistency in the case law. Finally, the work elaborates on the several possible models of the treaties' extraterritorial application. It offers not only a critical analysis of the existing case law, but explains the various options that are before courts and states in addressing these issues, as well as their policy implications.

On Borders

Author : Paulina Ochoa Espejo
Publisher : Oxford University Press
ISBN 13 : 0190074221
Total Pages : 336 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis On Borders by : Paulina Ochoa Espejo

Download or read book On Borders written by Paulina Ochoa Espejo and published by Oxford University Press. This book was released on 2020-06-18 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: When are borders justified? Who has a right to control them? Where should they be drawn? Today people think of borders as an island's shores. Just as beaches delimit a castaway's realm, so borders define the edges of a territory, occupied by a unified people, to whom the land legitimately belongs. Hence a territory is legitimate only if it belongs to a people unified by a civic identity. Sadly, this Desert Island Model of territorial politics forces us to choose. If we want territories, then we can either have democratic legitimacy, or inclusion of different civic identities--but not both. The resulting politics creates mass xenophobia, migrant-bashing, hoarding of natural resources, and border walls. To escape all this, On Borders presents an alternative model. Drawing on an intellectual tradition concerned with how land and climate shape institutions, it argues that we should not see territories as pieces of property owned by identity groups. Instead, we should see them as watersheds: as interconnected systems where institutions, people, the biota, and the land together create overlapping civic duties and relations, what the book calls place-specific duties. This Watershed Model argues that borders are justified when they allow us to fulfill those duties; that border-control rights spring from internationally-agreed conventions--not from internal legitimacy; that borders should be governed cooperatively by the neighboring states and the states system; and that border redrawing should be done with environmental conservation in mind. The book explores how this model undoes the exclusionary politics of desert islands.