The territorial rights of legitimate states: a pluralist interpretation

Banai, Ayelet

doi:10.1017/s1752971914000074

Cited by 15 publications

(2 citation statements)

References 32 publications

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“…Specifically regarding territorial jurisdiction over natural resources, the main objection to nationalist justifications denies that the liberal nation is the uniquely appropriate unit of self‐determination. Not all self‐governing polities are nations with shared cultural attributes; not all cultural groups exercise or desire self‐government . This objection does not dispute the relationship between self‐determination and territorial jurisdiction, but objects to the nationalist conception of the unit s of self‐determination.…”

Section: How Are Sovereigns’ Rights Over Natural Resources Justified?mentioning

confidence: 99%

“…Not all self-governing polities are nations with shared cultural attributes; not all cultural groups exercise or desire self-government. 72,73 This objection does not dispute the relationship between self-determination and territorial jurisdiction, but objects to the nationalist conception of the units of self-determination.…”

Section: Attachment and Nationality Based Justificationsmentioning

confidence: 99%

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Sovereignty over natural resources and its implications for climate justice

Banai

2016

WIREs Climate Change

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In the current international system, sovereign states hold extensive rights over the natural resources in their territories. How are sovereign rights in natural resources justified? What are the implications of these rights for the demands of climate justice, which pertain to the use and management of natural resourcesfor example, rainforests? This article reviews five theories of territorial rights, in contemporary political and legal philosophy, and the justifications that they provide for territorial jurisdiction over natural resources. It is argued that insofar as the philosophical-normative perspectives justify sovereigns' jurisdiction over natural resources within their borders, they also give rise to limits on the legitimate and permissible exercise of the jurisdictional prerogative. This theoretical proposition is then illustrated in the case of international climate-justice obligations of rain-forest-rich countries.

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Section: How Are Sovereigns’ Rights Over Natural Resources Justified?mentioning

confidence: 99%

Section: Attachment and Nationality Based Justificationsmentioning

confidence: 99%