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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.
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.
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.
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.
This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law.The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.
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.
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.
State sovereignty is an inherently social construct. The modern state system is not based on some timeless principle of sovereignty, but on the production of a normative conception that links authority, territory, population, and recognition in a unique way, and in a particular place (the state). The unique contribution of this book is to describe and illustrate the practices that have produced various sovereign ideals and resistances to them. The contributors analyze how the components of state sovereignty are socially constructed and combined in specific historical contexts.
In the most comprehensive and detailed cultural-geographic study ever conducted of the American Indian reservations in the forty-eight contiguous states, Klaus Frantz explores the reservations as living environments rather than historical footnotes. Although this study provides well-researched documentation of the generally deplorable living conditions on the reservations, it also seeks to discover and highlight the many possibilities for positive change. Informed by both historical research and extensive fieldwork, this book pays special attention to the natural resource base and economic outlook of the reservations, as well as the crucial issue of tribal sovereignty. Chapters also cover the demography of American Indian groups and their socioeconomic status (including standard of living, employment, and education). A new afterword treats some of the developments since the book's initial publication in German, such as the effects of the 1988 Indian gaming law that allowed Indian reservations to operate gambling establishments (with mixed success). "Provides a good overview of the basic questions and problems facing reservation Indians today."—Peter Bolz, Journal of American History (on the German edition)
From the Arctic to the South China Sea, states are vying to secure sovereign rights over vast maritime stretches, undersea continental plates, shifting ice flows, airspace, and the subsoil. Conceiving of sovereign space as volume rather than area, the contributors to Voluminous States explore how such a conception reveals and underscores the three-dimensional nature of modern territorial governance. In case studies ranging from the United States, Europe, and the Himalayas to Hong Kong, Korea, and Bangladesh, the contributors outline how states are using airspace surveillance, maritime patrols, and subterranean monitoring to gain and exercise sovereignty over three-dimensional space. Whether examining how militaries are digging tunnels to create new theaters of operations, the impacts of climate change on borders, or the relation between borders and nonhuman ecologies, they demonstrate that a three-dimensional approach to studying borders is imperative for gaining a fuller understanding of sovereignty. Contributors. Debbora Battaglia, Franck Billé, Wayne Chambliss, Jason Cons, Hilary Cunningham (Scharper), Klaus Dodds, Elizabeth Cullen Dunn, Gastón Gordillo, Sarah Green, Tina Harris, Caroline Humphrey, Marcel LaFlamme, Lisa Sang Mi Min, Aihwa Ong, Clancy Wilmott, Jerry Zee