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Presented By: Department of Philosophy

International Territorial Rights: An Institutional Account

Kok-Chor Tan, University of Pennsylvania

A state’s bundle of territorial rights includes an "international" territorial right. This is the presumptive right of a state to a defined territorial space that other states (and international actors) have a duty to respect. This international dimension of territorial rights is distinct from and prior to the more local aspects of territorial rights. For instance, a justification of a state’s jurisdictional authority over persons within its dominion does not by itself say why the state (or the political society it represents) has any international claim to the territory within which it exercises this authority. Recent arguments for territorial rights invoke, variously, the right of individuals to a location in which to maintain conditions of justice, the right of acquisition, and the right of self-determination. Contra these arguments and others, I propose instead that a state’s international territorial right is ultimately an institutional right, a right that is defined and sanctioned by the rules, norms and practices of the global order. This institutional account of international territorial rights has significant implications for our understanding of global justice.

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