On the ecological blindspot in the territorial rights debate

Abstract

This 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.