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Global Justice and Territory$
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Cara Nine

Print publication date: 2012

Print ISBN-13: 9780199580217

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199580217.001.0001

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Territorial Rights

Territorial Rights

Chapter:
(p.6) 1 Territorial Rights
Source:
Global Justice and Territory
Author(s):

Cara Nine

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199580217.003.0002

This chapter explores the concept of territorial rights. It argues that the primary incidents of territorial rights are rights of jurisdictional authority over persons and resources, while the contingent incidents (incidents that could not hold and the right would still exist) are rights of ownership over resources and rights regarding residency and immigration. An analysis of territorial rights must also include an account of what kind of agent may hold territorial rights. This chapter argues that the agent must be a collective of persons and should not be understood as a state or as an individual.

Keywords:   territorial rights, jurisdictional authority, resource rights, collective rights

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