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A Study On Kantian Justifications Of Territorial Rights

Posted on:2020-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:X C HuangFull Text:PDF
GTID:2416330620951943Subject:Political philosophy and history of thought
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Today,the world has been segmented into independent states,and each state claims to its exclusive and supreme jurisdictional authority over territory.Territorial Rights have become an integral part of state sovereignty.Thus,the following issues occur: 1.What are territorial rights and who’s the owner of territorial rights? 2.How does a state legitimatize jurisdictional authority over its territory?In this paper,I argue that Territorial Rights are defined as the exclusive jurisdiction that develops,adjudicates and enforces laws and the exclusive meta-jurisdiction that sets up,alters or prohibits the alteration of jurisdiction within a certain region;Territorial Rights ultimately belong to the people who own the right to collective self-determination.Furthermore,this paper examines the Kantian justifications of Territorial Rights.According to the theory,a state’s general claim to territorial rights is based on its effective realization of equal freedom,and the pre-institutional occupancy rights of its subjects are incorporated to particularize the state’s general claim to territory.Finally,through a contrast with Lockean theory of territorial rights,the advantages and dilemmas of the Kantian theory of territorial rights are presented.
Keywords/Search Tags:Territory, Property Right, Justice, Collective Self-determinat-ion
PDF Full Text Request
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