Territory and Self-Determination

Abstract

This article focuses on discussions of territorial rights and self-determination in the last 15–20 years. Theories of territorial jurisdiction typically combine two elements. First, they offer an account of foundational title: What gives a particular set of people a claim to be located in an area, including the right to form political institutions to govern that space? Second, they offer an account of legitimate jurisdiction: What is the moral basis of a state's right to govern the area and its population? This article begins by reconstructing prominent accounts of foundational title and legitimate jurisdiction. After canvassing these views, I highlight three areas where further work is needed, particularly as the territorial states system begins to be challenged by climate change: the appropriate balance of sovereignty and international authority in a world of global interdependence, how to rectify imperial and colonial legacies in the states system, and the just distribution of territory.