Changing Borders by Secession: Normative Assessment of Territorial Claims

In A. Pavković & P. Radan, The Ashgate Research Companion on Secession. Ashgate. pp. 81-95 (2011)
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Abstract

In this chapter I will survey the philosophical discussion on the justification of territorial rights which has developed during the last two decades. By a territorial right I will understand a moral entitlement to exert jurisdictional power, i.e. to enact and to enforce laws, within a certain area. The theories of territorial rights which are currently debated in political philosophy can be broadly classified into four groups. In the following I will examine various forms of property theories, justice-based arguments, national accounts and choice theories. Ultimately, I will defend a plebiscitary version of choice theory which considers the will of the residents to be decisive for the assessment of territorial claims.

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Frank Dietrich
Heinrich Heine University Düsseldorf

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