Liberal defences of nationalism, widespread because the mid-1980’s, have principally missed the truth that nationalism is essentially approximately land. Territorial Rights examines the regularly occurring forms of territorial claims almost always recommend by means of nationwide teams as justification for his or her territorial calls for, in the framework of what has end up often called ‘liberal nationalism’.
''When it seemed in 2005, Territorial Rights stuffed a void in liberal nationalist concept. during this moment version, Meisels consists of her refined and systematic considering at the subject extra, partially by way of deftly and constructively responding to the literature that the 1st variation spawned.'' Allen Buchanan, Duke college, USA
''The query of who's entitled to workout jurisdiction over which land is of basic theoretical and useful importance. It has, despite the fact that, been overlooked through modern political philosophers. In her considerate and stimulating paintings, Territorial Rights, Tamar Meisels presents a miles wanted research of the normative concerns involved. Territorial Rights is a accomplished, rigorous and illuminating analysis. It presents either an overview of competing philosophical views and a defence of a liberal nationalist viewpoint on territory. In doing so it contains instructive discussions of the consequences of Locke's political inspiration for territorial rights, and the ongoing relevance of historical injustices. it'd be of curiosity to somebody drawn to questions of territorial rights (and certainly somebody attracted to problems with worldwide justice extra generally).'' Simon Caney, Magdalen university, Oxford, UK
''Even the main cursory interpreting, of the burgeoning literature on worldwide distributive justice and simply warfare, reveals a transforming into appreciation of the foundational function that territorial rights needs to play in developing a coherent thought of what countries owe to each other. Tamar Meisels presents us with a not easy, comprehensive, and hugely unique research of ways such rights are constituted and the stipulations lower than which they are often justified. these, like myself, who have complex a in basic terms individualistic view of the root of territorial rights, should perform a little critical grappling along with her many robust arguments in the event that they are effectively to maintain that view.'' Hillel Steiner FBA, University of Manchester, UK
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40 However, while such an interest may exist, they cannot justify imposing on others the onerous duties we associate with sovereignty rights. ‘These duties involve the risk of losing sources of livelihood as well as the conditions necessary for freedom. ’41 Furthermore, since historical rights arguments are usually voiced, not by present occupants hoping to hold on to the territories they were the first to occupy but rather by groups hoping to regain territories of which they were the first occupants but have subsequently lost, their interest must contend not only with the duties mentioned above but also with the expectations of present occupants to remain sovereigns of the territories in which they are presently situated and in control of, as well as with general policy considerations supporting prescription.
Ultimately, it works in favour of supporting present occupancy and present occupancy only, whether it was historically the first or not. Thus, it is ultimately more akin to conservative arguments for the preservation of the existing territorial arrangements—arguments which often refer to considerations of international stability and order, and allude to the concept of prescription63 —than to any historical argument for territorial entitlement. The upshot of all this is that first-occupancy claims fail to establish territorial rights.
They are not primarily the demands to rectify past wrongs based on principles of corrective justice. (The normative status of these latter demands will be examined in Chapter 4). 2 These related issues will be addressed separately. This chapter looks at the prevalent nationalist claim whereby a particular historical connection to a specific land establishes a nation’s right to retain or even acquire, the said territory. 2. WHAT ARE ‘HISTORICAL RIGHTS’? In an article concerning the issue of states and homelands, Anthony Smith explains that: ‘to a nationalist, the national territory belongs to a nation by historic right, as a possession of his forefathers for many generations and a repository of sacred memories.