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Michel Seymour | : Dans ce texte, j’examine sur un mode programmatique la relation qui existe entre les peuples et les territoires. Les frontières des peuples souverains sont-elles sacrées, naturelles et absolues, voire irréfragables ? Le territoire a-t-il une importance identitaire ? Si oui, cette relation identitaire repose-t-elle sur l’attachement sentimental des citoyens ou sur une préférence rationnelle ? Doit-on plutôt l’expliquer par un rapport historique ? Le territoire est-il un élément constitutif de l’identité d’un peuple ? Le principe de (...) |
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This paper explores the question of whether there can be a right to secede from a liberal state by examining the concept of a liberal state and the different forms of liberalism that may be appealed to in order to justify secession. It argues that where the foundations of the state’s legitimacy are conceived in terms of a non-derivative right to self-determination, then secession from a liberal state may be a justified form of action for different types of groups including (...) |
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Allen Buchanan holds that nations do not have a general primary unilateral right to secede. However, nations could legitimately secede if there were a special right to do so, if it were the result of negotiations and, more importantly, if some previous injustice had to be repaired. According to Buchanan, the three kinds of injustice that allow for unilateral secession are: violation of human rights, unjust annexation of territories, and systematic violations of previous agreements on self-government. I agree that nations (...) |
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There is a broad consensus on the legitimacy of states to control immigration. However, this belief has recently been questioned, among other reasons, due to the contradiction with current practices in emigration and internal mobility. The principle of symmetry states that any restriction on immigration should also apply to emigration; or that, to the contrary, if there is a right to emigrate, there should be a corresponding right to immigrate. The principle of coherence posits that every reason one might have (...) |
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This paper offers a non-reductivist account of the requirement of legitimate authority in warfare. I first advance a distinction between private and public wars. A war is private where individuals defend their private rights with their private means. A war is public where it either aims to defend public rights or relies on public means. I argue that RLA applies to public war but not private war. A public war waged by a belligerent without legitimate authority involves a form of (...) |
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All theories of the right to secede either understand the right as a remedial right only or also recognize a primary right to secede. By a right in this context is meant a general, not a special, right (one generated through promising, contract, or some special relationship). Remedial Right Only Theories assert that a group has a general right to secede if and only if it has suffered certain injustices, for which secession is the appropriate remedy of last resort.1 Different (...) |
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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 – (...) |
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We defend the moral and legal right to secede in accordance with plebiscitary theory. Our paper has three main goals. First, by offering a schematic characterization of plebiscitary theory, the main arguments in its favour (and the main objections to them), we contribute to clarify the structure of this complex debate. Second, we stress the point that, if the moral right to secede is established, the resistance for its inclusion into positive law is unjustified. Finally, by addressing old and new (...) |
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This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic event may (...) |
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A number of philosophers argue that the earth's resources belong to everyone equally. Suppose this is true. Does this entail that people have a right to migrate across borders? This article considers two models of egalitarian ownership and assesses their implications for immigration policy. The first is Equal Division, under which each person is granted an equal share of the value of the earth's natural resources. The second is Common Ownership, under which every person has the right to use the (...) |
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In the best literature on unilateral secession, for instance, Buchanan, it is usual to distinguish between remedial theories, which require a just cause for conceding a right to secession for the inhabitants of a territory, part of a State; and primary theories, plebiscitary theories and adscriptivist or nationalist theories. In accordance to this view, only the first are capable of justifying a unilateral right to secession. Well then, in this paper, an argument is elaborated in order to show that the (...) |
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Republican theorists have paid little attention to the normative problems of secession conflicts. So far, there is no such thing as a democratic republican theory of right of secession ; nor any comprehensive analysis of current TRS has ever been undertaken from a democratic republican point of view. This article tries to fill this second gap as a first step in order to fill that first one. In doing so, it shows how secession conflicts pose threats for two core democratic (...) |
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The secession issue appears to many contemporary thinkers to reveal a fatal flaw in the idea of national self-determination. The question is whether national minorities who come to want to be politically self determining should be allowed to separate from the parent state and form one of their own. Here the idea of national self-determination may lead us in one of two opposing directions. If the minority group in question regards itself as a separate nation, then the principle seems to (...) |
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Writing about secession is not an easy task for a political philosopher. Yet, writing about secession in India raises further practical and theoretical problems. The incredible task of professor Chandhoke’s book, Contested Secessions, is thus to provide a restatement of a liberal theory of secession, understood as a remedial right theory, which is still compatible with situations of contested secessions, such as those occurring in post-colonial societies like India. This paper focuses on two distinct yet related aspects of Chandhoke’s theory: (...) |
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This article outlines the two central theories in the ethics of secession and examines whether or under what conditions these normative theories would be satisfied in a post-invasion Iraq. |
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