By virtue of the Antarctic Treaty, signed in 1959, the territorial claims to Antarctica of seven of the original signatories were held in abeyance or “frozen.” Considered by many as an exemplar of international law, the Antarctic Treaty System has come to be increasingly questioned, however, in a very much changed global scenario that presents new challenges to the governance of the White Continent. In this context, it is necessary to gain a clearer understanding of the moral weight of those (...) initial claims, which stand as a cornerstone of the treaty. The aim of this article is to offer an appraisal of such claims, which may be divided into two main kinds: those grounded on some relevant link to the territory, and those grounded on official documents and geographical doctrines. After pointing to the limitations and challenges that they face, I conclude with some remarks about how this assessment ought to serve as a starting point to rethink the territorial status of Antarctica. (shrink)

Modern states claim rights of jurisdiction and control over particular geographical areas and their associated natural resources. Boundaries of Authority explores the possible moral bases for such territorial claims by states, in the process arguing that many of these territorial claims in fact lack any moral justification. The book maintains throughout that the requirement of states' justified authority over persons has normative priority over, and as a result severely restricts, the kinds of territorial rights that states can justifiably claim, and (...) it argues that the mere effective administration of justice within a geographical area is insufficient to ground moral authority over residents of that area. The book argues that only a theory of territorial rights that takes seriously the morality of the actual history of states' acquisitions of power over land and the land's residents can adequately explain the nature and extent of states' moral rights over particular territories. Part I of the book examines the interconnections between states' claimed rights of authority over particular sets of subject persons and states' claimed authority to control particular territories. It contains an extended critique of the dominant. (shrink)

Margaret Moore offers a comprehensive normative theory of territory.

The grounds of justice -- "Un pouvoir ordinaire": shared membership in a state as a ground of -- Justice -- Internationalism versus statism and globalism: contemporary debates -- What follows from our common humanity? : the institutional stance, human rights, and nonrelationism -- Hugo Grotius revisited : collective ownership of the Earth and global public reason -- "Our sole habitation" : a contemporary approach to collective ownership of the earth -- Toward a contingent derivation of human rights -- Proportionate use (...) : immigration and original ownership of the Earth -- "But the earth abideth for ever" : obligations to future generations -- Climate change and ownership of the atmosphere -- Human rights as membership rights in the global order -- Arguing for human rights : essential pharmaceuticals -- Arguing for human rights : labor rights as human rights -- Justice and trade -- The way we live now -- "Imagine there's no countries" : a reply to John Lennon -- Justice and accountability : the state -- Justice and accountability : the World Trade Organization. (shrink)

Steiner’s book is an engaging and challenging romp through important issues in rights theory, moral and economic reasoning, theories of freedom, and questions of justice. An Essay on Rights develops and connects themes pursued by Steiner in a series of articles written over the past two decades.

Historical injustice and global inequality are basic problems embedded in territorial rights. In Global Justice and Territory Cara Nine advances a general theory of territorial rights adapting a theoretical framework from natural law theory to ground all territorial claims.

Chapter 4 examines the possible strategies of moral justification for states’ claims to jurisdictional and property-like authority over a particular geographical territory. It distinguishes nationalist, functionalist, and voluntarist strategies, dividing this last category into Lockean-individualist and plebiscitary voluntarism. All of these strategies are viewed as possible responses to cosmopolitan skepticism on these questions. Nationalism, functionalism, and plebiscitary voluntarism are criticized for their strongly counterintuitive implications. In particular, the chapter stresses their problems with “trapped minorities,” where minority groups or individuals do (...) not share the political interests and assumptions of the majority nation or people, and their implausible commitments concerning “rights supersession,” where rights are assumed to lapse or pass to wrongdoers. (shrink)