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Measure of Freedom

Oxford University Press UK (2004)

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  1. Self-Determination and Resource Rights: In Defence of Territorial Jurisdiction Over Natural Resources.Ayelet Banai - 2016 - Res Publica 22 (1):9-20.
    Is territorial jurisdiction over natural resources justified? This paper argues that a freedom-based account of self-determination coupled with ‘functionalist’ justifications of territorial right support territorial jurisdiction over natural resources. This justification simultaneously gives rise to limits on the permissible exercise of the right: the principles of reciprocity and generality, and of equal freedom. This ‘reciprocal’ view on territorial jurisdiction over natural resources, defended here, differs from two alternatives: the traditional sovereignty view on the one hand and the transnational jurisdiction view—which (...)
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