Abstract
ABSTRACTThis article examines the recent debate about the basis for claiming jurisdictional rights over territory. It contends that the debate as a whole misses a crucial feature of what makes territorial rights important – their role in protecting and maintaining distinct socioecological systems. This ‘ecological blindspot’ is shown to pertain to three main justifications for territorial rights – the nationalist, proprietary and populist justifications. These justifications view territoriality as connected to national identity, private property rights or democratic self-determination. In each case, while territoriality is only contingently related to these ideas, it is conceptually connected to peoplehood, which requires a place-based and environmentally distinct location in order to exist. A formulation of a territorial right that establishes this connection and highlights the ecological dimension of territoriality is given.
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