Administrative / Constitutional Law Environmental / Energy Law International Law

Sharing Territories: Overlapping Self-Determination and Resource Rights

By Cara Nine
Oxford University Press October 2024

Specifications

ISBN-13
9780198915829
Publisher
Oxford University Press
Publication
October 2024
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

In Sharing Territories, Cara Nine defends a river model of territorial rights. On a river model, groups are assumed to be interdependent and overlapping. If we imagine human settlements and territorial rights as established in river catchment areas-not on lands with walls and borders-the primary features of group life are not independence and distinctness. Drawing on natural law philosophy, Nine's theory argues for the establishment of foundational territories around geographical areas like rivers. Usually lower-scale political entities, foundational territories overlap with and serve as the grounding blocks of larger territorial units.

Examples of foundational territories include not only river catchment areas but also urban areas, drawn around individuals who hold obligations to collectively manage their surroundings. Foundational territorial authorities manage spatially integrated areas where agents are interconnected by dense and scaffolded physical circumstances. In these areas, individuals cannot fulfil their natural obligations to each other without the help of collective rules. As foundational territories overlap the territories of other political units, Nine frames a theory of nested and shared territorial rights, and argues for insightful changes to the allocation of resource rights between political groups and individuals.

Table of Contents

Preface
1:Introduction

PART 1: Foundational Titles and Overlapping Individual Rights
2:Natural Law, Methods, and Basic Needs
3:Foundational Titles and Basic Needs
4:Resource Domains: 'Enough and as good' and Sustainability
5:Residence
6:Social Relations: Relational Autonomy and Place

PART 2: Foundational Territories and Overlapping Self-Determination
7:Self-Determination and Overlapping Territories
8:Place, Self-Determination, and Foundational Territories
9:Self-Determination as Functional Autonomy
10:Vertical institutional Structures: Metajurisdictional Authority and Subsidiarity

PART 3: Applications
11:Settler Colonialism
12:Resource Rights
13:The Global Commons: Antarctica and Forest Carbon Sinks

References
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