In this paper, we discuss Armstrong’s account of attachment-based claims to natural resources, the kind of rights that follow from attachment-based claims, and the limits we should impose on such claims. We hope to clarify how and why attachment matters in the discourse on resource rights by presenting three challenges to Armstrong’s theory. First, we question the normative basis for certain attachment claims, by trying to distinguish more clearly between different kinds of attachment and other kinds of claims. Second, we (...) highlight the need to supplement Armstrong’s account with a theory of how to weigh different attachment claims so as to establish the normative standing that different kinds of attachment claims should have. Third, we propose that sustainability must be a necessary requirement for making attachment claims to natural resources legitimate. Based on these three challenges and the solutions we propose, we argue that attachment claims are on the one hand narrower than Armstrong suggests, while on the other hand they can justify more far-reaching rights to control than Armstrong initially considers, because of the particular weight that certain attachment claims have. (shrink)

Dozens of countries have established Sovereign Wealth Funds (SWFs) in the last decade or so, in the majority of cases employing those funds to manage the large revenues gained from selling resources such as oil and gas on a tide of rapidly rising commodity prices. These funds have raised a series of ethical questions, including just how the money contained in such funds should eventually be spent. This article engages with that question, and specifically seeks to connect debates on SWFs (...) with debates onglobaljustice. Just how good are national claims to the great wealth contained in SWFs in the first place? Using the example of Norway's very large SWF – derived from selling North-Sea petroleum – I show that national claims are at least sometimes very weak, with the implication that the wealth in many such funds is ripe for redistribution in the interests of global justice. I conclude by offering some guidance for how the money contained in such funds could best be spent, with the goal of advancing global justice. (shrink)

The doctrine of permanent sovereignty over natural resources is a hugely consequential one in the contemporary world, appearing to grant nation-states both jurisdiction-type rights and rights of ownership over the resources to be found in their territories. But the normative justification for that doctrine is far from clear. This article elucidates the best arguments that might be made for permanent sovereignty, including claims from national improvement of or attachment to resources, as well as functionalist claims linking resource rights to key (...) state functions. But it also shows that these defences are insufficient to justify permanent sovereignty and that in many cases they actually count against it as a practice. They turn out to be compatible, furthermore, with the dispersal of resource rights away from the nation-state which global justice appears to demand. (shrink)

The doctrine of permanent sovereignty over natural resources is a hugely consequential one in the contemporary world, appearing to grant nation-states both jurisdiction-type rights and rights of ownership over the resources to be found in their territories. But the normative justification for that doctrine is far from clear. This article elucidates the best arguments that might be made for permanent sovereignty, including claims from national improvement of or attachment to resources, as well as functionalist claims linking resource rights to key (...) state functions. But it also shows that these defences are insufficient to justify permanent sovereignty and that in many cases they actually count against it as a practice. They turn out to be compatible, furthermore, with the dispersal of resource rights away from the nation-state which global justice appears to demand. (shrink)

This article makes the normative case for a differentiated approach to the sovereignty of states over natural resources. In the first half of the article, drawing on the example of the Yasuní-ITT-Initiative, I will argue that countries commit a moral wrong when they exploit natural resources for their own benefit, but that they have the moral right to do so given the current structure of the international system. In the second half of the article, I address the question of whether (...) states' rights over natural resources can be justified. Central to my argument will be the distinction between “control rights” and “income rights.” Only control rights, I will argue, can be justified as inherently tied to collective self-determination. (shrink)

Scholars concerned with abuses of the “resource privilege” by the governments of developing states sometimes call for national sovereignty over the natural resources that lie within its borders. While such claims may resist a key driver of the “resource curse” when applied to mineral resources in the ground, and are often recognized as among a people’s territorial rights, their implications differ in the context of climate change, where they are invoked on behalf of a right to extract and combust fossil (...) fuels that is set in opposition to global climate change mitigation imperatives. Moreover, granting full national sovereignty over territorial carbon sinks may conflict with commitments to equity in the sharing of national mitigation burdens, since much of the planet’s carbon sink capacity lies within territorial borders to which peoples have widely disparate access. In this paper, I shall explore this tension between a global justice principle that is often applied to mineral resources and its tension with contrary principles that are often applied to carbon sink access, developing an analysis that seeks to reconcile what would otherwise appear to be fundamentally incompatible aims. (shrink)

This article draws on the insight that people and communities have fundamental relationships with place. People are defined and shaped by place; and place is, in turn, defined and shaped by communi...

In the debate on global justice, proposals to tax natural resources in order to reduce global poverty and fund other worthwhile objectives have attracted scholarly attention and controversy. In thi...

Immanuel Kant is recognized as one of the first philosophers who wrote systematically about global justice and world peace. In the current debate on global justice he is mostly appealed to by critics of extensive duties of global justice. However, I show in this paper that an analysis of Kant’s late work on rights and justice provides ample resources for disagreeing with those who take Kant to call for only modest changes in global politics. Kant’s comments in the Doctrine of (...) Right clarify that he thinks we need a coercively enforced global civil condition. But his work also contains ideas that imply that within such a global legal order there must be no extreme forms of poverty and inequality, and that the current holdings of states are by no means conclusive possessions without confirmation by the global legal order we have a duty to establish. Thus, this paper challenges the prevailing interpretation of Kant as a conservative thinker about global justice that is held, for instance, by the leading contemporary liberal thinkers such as John Rawls, Thomas Nagel, and Ronald Dworkin. (shrink)

Recent theories of territorial rights could be characterized by their growing attention to environmental concerns and resource rights (understood as the rights of jurisdiction and/or ownership over natural resources). Here I examine two: Avery Kolers’s theory of ethnogeographical plenitude, and Cara Nine’s theory of legitimate political authority over people and resources. While Kolers is a pioneer in demanding ecological sustainability as a minimum requirement for any viable theory of territorial rights – building a bridge between environmental and political philosophy – (...) Nine highlights a crucial distinction when looking at territorial rights from a global justice perspective, namely that between jurisdictional powers and ownership rights over resources. Daring and innovative at first glance, I claim that both theories present, however, deep ambiguities and retreat from their radical implications which, if taken seriously, would lead to a massive redrawing of current territorial borders. (shrink)

Indigenous and non-indigenous communities in Latin America make land claims and support them with a variety of arguments. Some, such as Zapatistas and the Mapuche, have appealed to the “ancestral” or “historical” connections between specific communities and the land. Other groups, such as MST in Brazil, have appealed to the extremely unequal distribution of the land and the effects of this on the poor; the land in this case is seen mainly as a means for securing a decent standard of (...) living for members of disadvantaged groups. Although there is a large literature on the history as well as the social and political dimensions of land contestations and conflicts in Latin America, the question of whether the land claims put forward by disadvantaged groups can be morally justified has not been adequately examined. In this essay, we investigate the scope and limits of appeals to what we shall call assistance-based, contribution-based, and benefitting-based moral reasons with respect to land claims made by these disadvantaged groups. (shrink)

Reflection on the historical injustice suffered by many formerly colonized groups has left us with a peculiar account of their claims to material objects. One important upshot of that account, relevant to present day justice, is that many people seem to think that members of indigenous groups have special claims to the use of particular external objects by virtue of their attachment to them. In the first part of this paper I argue against that attachment-based claim. In the second part (...) I suggest that, to provide a normatively defensible account of why sometimes agents who are attached to certain external objects might also have special claims over them, the most important consideration is whether the agents making such claims suffer from structural injustice in the present. In the third part I try to explain why structural injustice matters, in what way attachment-based claims relate to it and when they count. (shrink)