On the Territorial Rights of Statements

2009 ◽  
Author(s):  
A. John Simmons
Keyword(s):  
Territorial Rights

Attachment to Territory: Status or Achievement?

2012 ◽  
Vol 42 (2) ◽  
pp. 101-123 ◽  
Author(s):  
Avery Kolers
Keyword(s):  
Normative Force ◽  
Successful Theory ◽  
Territorial Rights

It is by now widely agreed that a theory of territorial rights must be able to explain attachment or particularity: what can link a particular group to a particular place with the kind of normative force necessary to forbid encroachment or colonization? Attachment is one of the pillars on which any successful theory of territory will have to stand. But the notion of attachment is not yet well understood, and such agreement as does exist relies on unexamined assumptions. One such assumption is that attachment is an achievement of some sort, as opposed to some kind of brute ascriptive status that a claimant has irrespective of anything it might do.But achievements do not come for free. ‘Achievement’ is a success term, and any theory predicated on success, no matter how minimal, requires a theory of failure. Yet theorists of territory have not grappled with the problem of failure.

Occupancy, Land Rights and the Algonquin Anishinaabeg

2021 ◽  
pp. 1-18
Author(s):  
Veldon Coburn ◽  
Margaret Moore
Keyword(s):  
Land Rights ◽  
Legal Order ◽  
Moral Rights ◽  
River Watershed ◽  
Ottawa River ◽  
Territorial Jurisdiction ◽  
International Legal Order ◽  
Territorial Rights ◽  
State Rights

Abstract This article is about Indigenous territorial title and land rights, and specifically those of the Algonquin Anishinaabeg Nation. In 1983, the Algonquins of Pikwàkanagàn, residing in the province of Ontario, petitioned the Crown to recognize Algonquin territorial title and rights to 36,000 square kilometres of their natal homelands in the Ottawa River watershed. With negotiations beginning in the early 1990s, an Agreement-in-Principle was developed and ratified in 2016, the penultimate step to the largest modern treaty in Ontario's history. In this article, we examine the argument for moral rights to territory, not in terms of the Canadian or international legal order, nor even through examining the documents and voice of the Algonquin Anishinaabeg, but through the lens of an argument that has been advanced as the basis of the international territorial rights of states. We argue that the justifications for state rights territory—grounded in the considerations that ensue from an analysis of occupancy groups—provides a stronger claim to territorial jurisdiction and title in the case of the Algonquin Anishinaabeg Nation than the competing claim by the Canadian state.

Kazakh election raises questions about leadership

2021 ◽  
Keyword(s):  
Prime Minister ◽  
Freedom Of Expression ◽  
Civil Liberties ◽  
Content Type ◽  
The Real ◽  
The Face ◽  
Territorial Rights

Significance The governing Nur Otan party won most seats and two tame allies were awarded a few. The importance of this election is that it offers pointers to how much power President Kassym-Jomart Tokayev wields. None of his promises of political liberalisation has been realised and it is unclear how serious he is about change. Impacts Askar Mamin's reappointment as prime minister points to general continuity -- or stasis. Tokayev will defend Kazakh nationhood in the face of Russian politicians casting doubt on its territorial rights. Trends as regards civil liberties and freedom of expression are retrograde in both the real and virtual spheres. The OPEC+ bloc's special deal allowing Kazakh oil output to rise by 10,000 barrels per day in February-March offers some economic relief.

Sign in / Sign up

Export Citation Format

Share Document