Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 05 June 2020

Abstract and Keywords

Few deny that states should be delineated territorially, but questions abound as to what moral rights states can claim to which parcels of territory. In other words, even if one assumes that states can be legitimate and must be territorially districted (and not everyone does, of course), why think that Norway is entitled to exclusive jurisdiction over the particular piece of territory it currently occupies? And even if Norway does have a special claim to this land, what rights does this give it against which parties? More specifically, does Norway have exclusive rights of jurisdiction (the right to make and enforce law on its territory), resources (the right to control and consume the natural resources available in its territory), and/or border control (the right to design and enforce its own immigration policy as it sees fit)? This chapter explores how functional theorists (those who believe that states are justified in virtue of the important functions they perform) might try to ground a legitimate state’s claims to jurisdiction, border control, and resources. I argue that functional theorists can provide plausible accounts of the first two territorial rights, but it remains unclear how they can justify the third. Assuming that this is correct, the plausibility of functional theories of political legitimacy will depend upon whether natural resources should be understood as belonging exclusively to the citizens of the country in which they lie.

Keywords: political legitimacy, territory, jurisdiction, immigration, natural resource

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.