Abstract

This study examines the nature and moral grounds of territory. It develops a novel account of territory, the home theory of territory. According to this theory, the territorial authority of states derives from individual residents' right to home. A state has a just claim to a territory insofar as its residents have a right to home. "Home" is a metaphysical condition of personal identity. It is an extension of the person in place. Home is the origin point of individual's framework of orientation. It is the safest and most familiar environment. Home is a medium of expression and realization of personal ideals concerning environment and interpersonal relationships. ;A number of accounts of territorial authority are discussed and refuted. These include the principles of recognition and conquest in international law, the Nationalist principle of traditional occupation, accounts deriving territoriality from private property of land, and well-being accounts. ;To establish the significance of home for individual's identity and territoriality, the loss of the refugee is compared and contrasted with the loss suffered by the dispossessed, the outlaw, the immigrant and the member of endangered minority. All of them, including the refugee, are deprived of something: possessions, safety, opportunity, or nurturing community. If we try to compensate the refugee for the loss of these, we would alleviate only the additional suffering which the refugee sometimes incur. However, this is not going to be compensation properly speaking for the main loss of the refugee, the loss of home