[PDF] Territorial Sovereignty eBook

Author : Anna Stilz
Publisher : Oxford University Press, USA
Page : 303 pages
File Size : 16,51 MB
Release : 2019-08-29
Category : Philosophy
ISBN : 0198833539

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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.

Author : Anna Stilz
Publisher : Oxford University Press
Page : 304 pages
File Size : 34,12 MB
Release : 2019-08-29
Category : Political Science
ISBN : 0192570072

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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.

Author : Galina Cornelisse
Publisher : BRILL
Page : 403 pages
File Size : 30,84 MB
Release : 2010
Category : Law
ISBN : 9004173706

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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.

Author : Christopher R. Rossi
Publisher : Cambridge University Press
Page : 371 pages
File Size : 20,57 MB
Release : 2017-04-27
Category : Law
ISBN : 1316878384

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This powerful book stands on its head the most venerated tradition in international law and discusses the challenges of scarcity, sovereignty, and territorial temptation. Newly emergent resources, accessible through global climate change, discovery, or technological advancement, highlight time-tested problems of sovereignty and challenge liberal internationalism's promise of beneficial or shared solutions. From the High Arctic to the hyper-arid reaches of the Atacama Desert, from the South China Sea to the history of the law of the sea, from doctrinal and scholarly treatments to institutional forms of global governance, the historically recurring problem of territorial temptation in the ageless age of scarcity calls into question the future of the global commons, and illuminates the tendency among states to share resources, but only when necessary.

Author : Abdelhamid El Ouali
Publisher : Springer Science & Business Media
Page : 407 pages
File Size : 23,32 MB
Release : 2012-03-26
Category : Law
ISBN : 3642228690

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This book offers a comprehensive, highly informative and interdisciplinary study on territorial integrity and the challenges globalization, self-determination and external interventions present. This study aims at not only to fill an epistemological gap in this regard, but also answer the question of whether International Law is adequately equipped to help states address these challenges. The author argues that the biggest threat that many states are confronted with today is their disintegration rather than their obsolescence, and that International Law has not often been able to prevent that eventuality. In fact, states, when they were not destroyed by war, managed to survive, thanks to the flexibility of territoriality, i.e. their ability to adjust to difficult situations as they arose. It is this understanding of adaptation that urges an increasing number of states today to revive territorial autonomy and restore an original understanding of self-determination in which democracy is a pivotal factor in establishing congruence between the states and their nations. While this move is endorsed by International Law, it is not the case for globalization; for their own sake, proponents of globalization should recognize that the states are irreplaceable as long as they remain the sole providers of protection for their peoples.

Author : Stuart Elden
Publisher : U of Minnesota Press
Page : 293 pages
File Size : 31,80 MB
Release : 2009
Category : Political Science
ISBN : 0816654832

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Today's global politics demands a new look at the concept of territory. From so-called deterritorialized terrorist organizations such as al-Qaeda to U.S.-led overthrows of existing regimes in the Middle East, the relationship between territory and sovereignty is under siege. Unfolding an updated understanding of the concept of territory, Stuart Elden shows how the contemporary "war on terror" is part of a widespread challenge to the connection between the state and its territory. Although the importance of territory has been disputed under globalization, territorial relations have not come to an abrupt end. Rather, Elden argues, the territory/sovereignty relation is being reconfigured. Traditional geopolitical analysis is transformed into a critical device for interrogating hegemonic geopolitics after the Cold War, and is employed in the service of reconsidering discourses of danger that include "failed states," disconnection, and terrorist networks. Looking anew at the "war on terror"; the development and application of U.S. policy; the construction and demonization of rogue states; events in Lebanon, Somalia, and Pakistan; and the wars continuing in Afghanistan and Iraq, Terror and Territory demonstrates how a critical geographical analysis, informed by political theory and history, can offer an urgently needed perspective on world events.

Author : John Agnew
Publisher : Rowman & Littlefield
Page : 291 pages
File Size : 39,30 MB
Release : 2017-12-15
Category : Political Science
ISBN : 1538105209

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This provocative and important text offers a new way of thinking about sovereignty, both past and present. Distinguished geographer John Agnew boldly challenges the widely popular story that state sovereignty is in worldwide eclipse in the face of the overwhelming processes of globalization. He argues that this perception relies on ideas about sovereignty and globalization that are both overstated and misleading. Agnew contends that sovereignty-state control and authority over space is not necessarily neatly contained in state-by-state territories, nor has it ever been so. Yet the dominant image of globalization is the replacement of a territorialized world by one of networks and flows that know no borders other than those that define the Earth itself. In challenging this image, Agnew first traces the ways in which it has become commonplace. He then develops a new way of thinking about the geography of effective sovereignty and the various geographical forms in which sovereignty actually operates in the world, offering an exciting intellectual framework that breaks with the either/or thinking of state sovereignty versus globalization.

Author : Surya P. Sharma
Publisher : BRILL
Page : 374 pages
File Size : 46,36 MB
Release : 2024-01-15
Category : Law
ISBN : 900463519X

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This book analyzes the traditional criteria of territorial acquisition and demonstrates their inadequacies in the modern context. It also addresses contemporary territorial doctrines and conflicts. It regards territorial acquisition as a comprehensive process involving various considerations leading to the establishment or transfer of exclusive control over territory. This approach has many advantages and adds to the development of the law of territorial acquisition. The author also provides an analysis of the claims and counter-claims in major contemporary territorial disputes and suggests appropriate legal perspectives bearing upon decision-making in regard to them. This book will be highly useful to students, academics and practitioners in the field of international law, as well as all governments and institutions dealing with territorial matters.

Author : Hendrik Spruyt
Publisher : Cornell University Press
Page : 327 pages
File Size : 42,51 MB
Release : 2018-05-31
Category : Political Science
ISBN : 1501717871

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At the dawn of the twentieth century, imperial powers controlled most of the globe. Within a few decades after World War II, many of the great empires had dissolved, and more recently, multinational polities have similarly disbanded. This process of reallocating patterns of authority, from internal hierarchy to inter-state relations, proved far more contentious in some cases than in others. While some governments exited the colonial era without becoming embroiled in lengthy conflicts, others embarked on courses that drained their economies, compelled huge sacrifices, and caused domestic upheaval and revolution. What explains these variations in territorial policy? More specifically, why do some governments have greater latitude to alter existing territorial arrangements whereas others are constrained in their room for maneuver? In Ending Empire, Hendrik Spruyt argues that the answer lies in the domestic institutional structures of the central governments. Fragmented polities provide more opportunities for hard-liners to veto concessions to nationalist and secessionist demands, thus making violent conflict more likely. Spruyt examines these dynamics in the democratic colonial empires of Britain, France, and the Netherlands. He then turns to the authoritarian Portuguese empire and the break-up of the Soviet Union. Finally, the author submits that this theory, which speaks to the political dynamics of partition, can be applied to other contested territories, including those at the heart of the Arab–Israeli conflict.

Author : Surya Prakash Sharma
Publisher : Martinus Nijhoff Publishers
Page : 378 pages
File Size : 12,52 MB
Release : 1997-02-05
Category : Law
ISBN : 9789041103628

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This book analyzes the traditional criteria of territorial acquisition and demonstrates their inadequacies in the modern context. It also addresses contemporary territorial doctrines and conflicts. It regards territorial acquisition as a comprehensive process involving various considerations leading to the establishment or transfer of exclusive control over territory. This approach has many advantages and adds to the development of the law of territorial acquisition. The author also provides an analysis of the claims and counter-claims in major contemporary territorial disputes and suggests appropriate legal perspectives bearing upon decision-making in regard to them. This book will be highly useful to students, academics and practitioners in the field of international law, as well as all governments and institutions dealing with territorial matters.