Territorial Sovereignty

Territorial Sovereignty
Author: Anna Stilz
Publisher: Oxford University Press, USA
Total Pages: 303
Release: 2019-08-29
Genre: Philosophy
ISBN: 0198833539

Download Territorial Sovereignty Book in PDF, Epub and Kindle

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.

Territorial Sovereignty

Territorial Sovereignty
Author: Anna Stilz
Publisher: Oxford University Press
Total Pages: 304
Release: 2019-08-29
Genre: Political Science
ISBN: 0192570072

Download Territorial Sovereignty Book in PDF, Epub and Kindle

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.

Immigration Detention and Human Rights

Immigration Detention and Human Rights
Author: Galina Cornelisse
Publisher: BRILL
Total Pages: 403
Release: 2010
Genre: Law
ISBN: 9004173706

Download Immigration Detention and Human Rights Book in PDF, Epub and Kindle

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 Integrity in a Globalizing World

Territorial Integrity in a Globalizing World
Author: Abdelhamid El Ouali
Publisher: Springer Science & Business Media
Total Pages: 407
Release: 2012-03-26
Genre: Law
ISBN: 3642228690

Download Territorial Integrity in a Globalizing World Book in PDF, Epub and Kindle

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.

Sovereignty and Territorial Temptation

Sovereignty and Territorial Temptation
Author: Christopher R. Rossi
Publisher: Cambridge University Press
Total Pages: 371
Release: 2017-04-27
Genre: Law
ISBN: 1316878384

Download Sovereignty and Territorial Temptation Book in PDF, Epub and Kindle

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.

Terror and Territory

Terror and Territory
Author: Stuart Elden
Publisher: U of Minnesota Press
Total Pages: 293
Release: 2009
Genre: Political Science
ISBN: 0816654832

Download Terror and Territory Book in PDF, Epub and Kindle

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.

Territorial Acquisition, Disputes and International Law

Territorial Acquisition, Disputes and International Law
Author: Surya P. Sharma
Publisher: BRILL
Total Pages: 374
Release: 2024-01-15
Genre: Law
ISBN: 900463519X

Download Territorial Acquisition, Disputes and International Law Book in PDF, Epub and Kindle

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.

Does the Constitution Follow the Flag?

Does the Constitution Follow the Flag?
Author: Kal Raustiala
Publisher: Oxford University Press
Total Pages: 326
Release: 2011
Genre: History
ISBN: 0199858179

Download Does the Constitution Follow the Flag? Book in PDF, Epub and Kindle

The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought&R to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.

Globalization and Sovereignty

Globalization and Sovereignty
Author: John Agnew
Publisher: Rowman & Littlefield
Total Pages: 291
Release: 2017-12-15
Genre: Political Science
ISBN: 1538105209

Download Globalization and Sovereignty Book in PDF, Epub and Kindle

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.

Self-determination

Self-determination
Author: Patricia Carley
Publisher:
Total Pages: 30
Release: 1996
Genre: Boundary disputes
ISBN:

Download Self-determination Book in PDF, Epub and Kindle