Cara Nine
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199580217
- eISBN:
- 9780191741456
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580217.001.0001
- Subject:
- Political Science, Political Theory
Historical injustice and global inequality are basic problems embedded in territorial rights. We ask questions such as: How can the descendants of colonists claim territory that isn’t really ...
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Historical injustice and global inequality are basic problems embedded in territorial rights. We ask questions such as: How can the descendants of colonists claim territory that isn’t really ‘theirs’? Are the immense, exclusive oil claims of Canada or Saudi Arabia justified in the face of severe global poverty? Wouldn’t the world be more just if rights over natural resources were shared with the world’s poorest? These concerns are central to territorial rights theory and at the same time they are relatively unexplored. In fact, while there is a sizeable debate focused on particular territorial disputes, there is little sustained attention given to providing a general standard for territorial entitlement. This widespread omission is disastrous. If we don’t understand why territorial rights are justified in a general, principled form, then how do we know they can be justified in any particular solution to a dispute? As part of an effort to remedy this omission, this book advances a general theory of territorial rights. This book puts forward a theory of territorial rights that starts with the idea that territorial rights affect everybody. Territorial rights, it asserts, must be universally justified. it adapts a theoretical framework from natural law theory to ground all territorial claims. In this framework, particular territorial rights are claimable by the collectives that establish legitimate, minimal conditions for justice within a geographical region. A consequence of this theoretical approach to territorial rights is that exclusive resource entitlements are justified, even if they maintain global inequality.Less
Historical injustice and global inequality are basic problems embedded in territorial rights. We ask questions such as: How can the descendants of colonists claim territory that isn’t really ‘theirs’? Are the immense, exclusive oil claims of Canada or Saudi Arabia justified in the face of severe global poverty? Wouldn’t the world be more just if rights over natural resources were shared with the world’s poorest? These concerns are central to territorial rights theory and at the same time they are relatively unexplored. In fact, while there is a sizeable debate focused on particular territorial disputes, there is little sustained attention given to providing a general standard for territorial entitlement. This widespread omission is disastrous. If we don’t understand why territorial rights are justified in a general, principled form, then how do we know they can be justified in any particular solution to a dispute? As part of an effort to remedy this omission, this book advances a general theory of territorial rights. This book puts forward a theory of territorial rights that starts with the idea that territorial rights affect everybody. Territorial rights, it asserts, must be universally justified. it adapts a theoretical framework from natural law theory to ground all territorial claims. In this framework, particular territorial rights are claimable by the collectives that establish legitimate, minimal conditions for justice within a geographical region. A consequence of this theoretical approach to territorial rights is that exclusive resource entitlements are justified, even if they maintain global inequality.
Margaret Moore
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780198297468
- eISBN:
- 9780191599958
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297467.003.0007
- Subject:
- Political Science, Political Theory
This chapter examines the appropriate view of the relationship between territory, national communities, and self‐determination. It examines various (historical, indigenous, efficiency, divine) ...
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This chapter examines the appropriate view of the relationship between territory, national communities, and self‐determination. It examines various (historical, indigenous, efficiency, divine) arguments for territorial rights.Less
This chapter examines the appropriate view of the relationship between territory, national communities, and self‐determination. It examines various (historical, indigenous, efficiency, divine) arguments for territorial rights.
Cara Nine
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199580217
- eISBN:
- 9780191741456
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580217.003.0002
- Subject:
- Political Science, Political Theory
This chapter explores the concept of territorial rights. It argues that the primary incidents of territorial rights are rights of jurisdictional authority over persons and resources, while the ...
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This chapter explores the concept of territorial rights. It argues that the primary incidents of territorial rights are rights of jurisdictional authority over persons and resources, while the contingent incidents (incidents that could not hold and the right would still exist) are rights of ownership over resources and rights regarding residency and immigration. An analysis of territorial rights must also include an account of what kind of agent may hold territorial rights. This chapter argues that the agent must be a collective of persons and should not be understood as a state or as an individual.Less
This chapter explores the concept of territorial rights. It argues that the primary incidents of territorial rights are rights of jurisdictional authority over persons and resources, while the contingent incidents (incidents that could not hold and the right would still exist) are rights of ownership over resources and rights regarding residency and immigration. An analysis of territorial rights must also include an account of what kind of agent may hold territorial rights. This chapter argues that the agent must be a collective of persons and should not be understood as a state or as an individual.
Cara Nine
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199580217
- eISBN:
- 9780191741456
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580217.003.0005
- Subject:
- Political Science, Political Theory
Chapter 4 provides a theory of particular territorial rights. These particular rights are claimable only by the collectives that meet the general criteria (established in the previous chapters), and ...
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Chapter 4 provides a theory of particular territorial rights. These particular rights are claimable only by the collectives that meet the general criteria (established in the previous chapters), and that also have a relevant historical connection with a particular geographical region. This chapter advances a collectivistic Lockean account of particular territorial rights by adapting the Lockean principles of desert, efficiency, and autonomy. According to this theory, (i) relevant collectives must be capable of changing the land thereby creating a relationship with it, and (ii) this relationship must be morally valuable—established through the concern for basic individual needs expressed in terms of these principles (of desert, efficiency, and autonomy). Because the collective’s relationship with territory is fundamentally morally valuable, as it is necessary for the collective to meet the basic needs of its members, the collective territorial relationship is granted rights status.Less
Chapter 4 provides a theory of particular territorial rights. These particular rights are claimable only by the collectives that meet the general criteria (established in the previous chapters), and that also have a relevant historical connection with a particular geographical region. This chapter advances a collectivistic Lockean account of particular territorial rights by adapting the Lockean principles of desert, efficiency, and autonomy. According to this theory, (i) relevant collectives must be capable of changing the land thereby creating a relationship with it, and (ii) this relationship must be morally valuable—established through the concern for basic individual needs expressed in terms of these principles (of desert, efficiency, and autonomy). Because the collective’s relationship with territory is fundamentally morally valuable, as it is necessary for the collective to meet the basic needs of its members, the collective territorial relationship is granted rights status.
Cara Nine
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199580217
- eISBN:
- 9780191741456
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580217.003.0003
- Subject:
- Political Science, Political Theory
Chapter 2 defends the general collective right to territory from the perspective of natural law theory. A general right to territory is a claim to be self-determining over some territory, even if the ...
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Chapter 2 defends the general collective right to territory from the perspective of natural law theory. A general right to territory is a claim to be self-determining over some territory, even if the particular territory is not yet identified. Natural law theory is well suited for the task of explaining and justifying territorial rights because it establishes a universal method for the appropriation of exclusive rights over goods. However, modern natural law theorists did not carry out a sustained investigation of territorial rights. Consequently, this chapter utilizes capability theory to develop a naturalistic perspective from which we can derive a general principle regarding the acquisition of territorial rights. This principle tells us that exclusive territorial rights are justified if they are essential for the provision of individual basic needs.Less
Chapter 2 defends the general collective right to territory from the perspective of natural law theory. A general right to territory is a claim to be self-determining over some territory, even if the particular territory is not yet identified. Natural law theory is well suited for the task of explaining and justifying territorial rights because it establishes a universal method for the appropriation of exclusive rights over goods. However, modern natural law theorists did not carry out a sustained investigation of territorial rights. Consequently, this chapter utilizes capability theory to develop a naturalistic perspective from which we can derive a general principle regarding the acquisition of territorial rights. This principle tells us that exclusive territorial rights are justified if they are essential for the provision of individual basic needs.
Cara Nine
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199580217
- eISBN:
- 9780191741456
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580217.003.0009
- Subject:
- Political Science, Political Theory
After eschewing existing cosmopolitan arguments regarding territory and resource rights in previous chapters, This chapter details an account of territorial rights that is sensitive to the needs of ...
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After eschewing existing cosmopolitan arguments regarding territory and resource rights in previous chapters, This chapter details an account of territorial rights that is sensitive to the needs of individuals worldwide by adapting a version of the Lockean proviso for use with territorial rights. The Lockean proviso is a mechanism that maintains consistency between principle and practice in the case of systems of exclusive rights over goods. This mechanism is triggered to change particular rights (A’s exclusive right to a territory) when those particular rights threaten the values (to provide for individual basic needs through the self-determination of groups) that justify the system of rights as a whole. Because the system of territorial states is a system of exclusive rights over goods, especially land and resources, it is subject to the conditions of a Lockean proviso mechanism. An application of these arguments yields the following result: ecological refugee states may be candidates as sovereign over a new territory after their existing territorial lands have been lost to the rising sea.Less
After eschewing existing cosmopolitan arguments regarding territory and resource rights in previous chapters, This chapter details an account of territorial rights that is sensitive to the needs of individuals worldwide by adapting a version of the Lockean proviso for use with territorial rights. The Lockean proviso is a mechanism that maintains consistency between principle and practice in the case of systems of exclusive rights over goods. This mechanism is triggered to change particular rights (A’s exclusive right to a territory) when those particular rights threaten the values (to provide for individual basic needs through the self-determination of groups) that justify the system of rights as a whole. Because the system of territorial states is a system of exclusive rights over goods, especially land and resources, it is subject to the conditions of a Lockean proviso mechanism. An application of these arguments yields the following result: ecological refugee states may be candidates as sovereign over a new territory after their existing territorial lands have been lost to the rising sea.
Cara Nine
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199580217
- eISBN:
- 9780191741456
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580217.003.0006
- Subject:
- Political Science, Political Theory
This chapter engages with cosmopolitan theory in order to set the stage for the theory of exclusive collective resource rights. It criticizes the claim that territorial borders are morally arbitrary. ...
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This chapter engages with cosmopolitan theory in order to set the stage for the theory of exclusive collective resource rights. It criticizes the claim that territorial borders are morally arbitrary. Because of the importance of a collective’s relationship to the land and resources for the capacity of individuals to meet basic needs, denying that certain collectives have a prima facie claim to natural resources may constitute an unjustifiable harm to individuals. As such, our placement in the distribution of natural resources is not ‘up for grabs’ in the redistribution of goods.Less
This chapter engages with cosmopolitan theory in order to set the stage for the theory of exclusive collective resource rights. It criticizes the claim that territorial borders are morally arbitrary. Because of the importance of a collective’s relationship to the land and resources for the capacity of individuals to meet basic needs, denying that certain collectives have a prima facie claim to natural resources may constitute an unjustifiable harm to individuals. As such, our placement in the distribution of natural resources is not ‘up for grabs’ in the redistribution of goods.
Margaret Moore
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198293842
- eISBN:
- 9780191599941
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198293844.003.0007
- Subject:
- Political Science, Political Theory
This chapter examines one of the most serious problems with the principle of self‐determination, viz., that this concept does not tell us who the peoples are that are entitled to self‐determination ...
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This chapter examines one of the most serious problems with the principle of self‐determination, viz., that this concept does not tell us who the peoples are that are entitled to self‐determination or the jurisdictional unit that they are entitled. It examines indigenous, historical, superior culture, and occupancy arguments for rights to a particular territory and suggests normative principles for thinking about jurisdictional units.Less
This chapter examines one of the most serious problems with the principle of self‐determination, viz., that this concept does not tell us who the peoples are that are entitled to self‐determination or the jurisdictional unit that they are entitled. It examines indigenous, historical, superior culture, and occupancy arguments for rights to a particular territory and suggests normative principles for thinking about jurisdictional units.
Margaret Moore (ed.)
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198293842
- eISBN:
- 9780191599941
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198293844.001.0001
- Subject:
- Political Science, Political Theory
National Self‐determination and Secession brings together a number of original essays by leading figures in the field on the ethics of secession. It examines such questions as: When is ...
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National Self‐determination and Secession brings together a number of original essays by leading figures in the field on the ethics of secession. It examines such questions as: When is secession justified? What is a people and what gives them a right to secede? Is national self‐determination compatible with liberal and democratic principles? It offers fresh insight into debates about contested territory, the problem of minorities, and the place of secession in resolving national conflicts.Less
National Self‐determination and Secession brings together a number of original essays by leading figures in the field on the ethics of secession. It examines such questions as: When is secession justified? What is a people and what gives them a right to secede? Is national self‐determination compatible with liberal and democratic principles? It offers fresh insight into debates about contested territory, the problem of minorities, and the place of secession in resolving national conflicts.
Margaret Moore
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780190222246
- eISBN:
- 9780190222260
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190222246.003.0002
- Subject:
- Philosophy, Political Philosophy, General
This chapter offers a conceptual analysis of territory, distinguishes it from property accounts, and discusses different versions of property accounts, all derived from Locke’s ‘Second Treatise of ...
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This chapter offers a conceptual analysis of territory, distinguishes it from property accounts, and discusses different versions of property accounts, all derived from Locke’s ‘Second Treatise of Government’. It offers a conceptual analysis of territory and the various rights associated with territory. According to Locke, territorial right is established through the subjection, by free consent, of persons and their land to state authority. This theory is found to rest on a number of flawed assumptions, among them claims to natural rights of property and an obvious link between private property and territorial jurisdiction. Cara Nine draws on Lockean principles to claim that a state is a collective that, like individuals, owns property, namely the territory of the state. After examining the historical antecedents of such ideas, the chapter points away from them and towards accounts of territory based on individual and collective claims of rights.Less
This chapter offers a conceptual analysis of territory, distinguishes it from property accounts, and discusses different versions of property accounts, all derived from Locke’s ‘Second Treatise of Government’. It offers a conceptual analysis of territory and the various rights associated with territory. According to Locke, territorial right is established through the subjection, by free consent, of persons and their land to state authority. This theory is found to rest on a number of flawed assumptions, among them claims to natural rights of property and an obvious link between private property and territorial jurisdiction. Cara Nine draws on Lockean principles to claim that a state is a collective that, like individuals, owns property, namely the territory of the state. After examining the historical antecedents of such ideas, the chapter points away from them and towards accounts of territory based on individual and collective claims of rights.
Margaret Moore
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780190222246
- eISBN:
- 9780190222260
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190222246.003.0005
- Subject:
- Philosophy, Political Philosophy, General
This chapter critically examines the two main versions of statist theories of territory, associated with the accounts given by Hobbes and Kant about the link between jurisdictional control over land ...
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This chapter critically examines the two main versions of statist theories of territory, associated with the accounts given by Hobbes and Kant about the link between jurisdictional control over land and the fulfilment of the purpose of the state, which makes territorial right contingent on the achievement of those goods. The Hobbesian version identifies the achievement of peace, stability, coordination, and order as the function of the state and then justifies territorial rights as necessary to an effective state order. The more moralized version, associated with Kant and contemporary Kantians, links the state with the achievement of justice, and argues that territorial rights should be accorded to a legitimate state.Less
This chapter critically examines the two main versions of statist theories of territory, associated with the accounts given by Hobbes and Kant about the link between jurisdictional control over land and the fulfilment of the purpose of the state, which makes territorial right contingent on the achievement of those goods. The Hobbesian version identifies the achievement of peace, stability, coordination, and order as the function of the state and then justifies territorial rights as necessary to an effective state order. The more moralized version, associated with Kant and contemporary Kantians, links the state with the achievement of justice, and argues that territorial rights should be accorded to a legitimate state.
Sarah Song
- Published in print:
- 2018
- Published Online:
- October 2018
- ISBN:
- 9780190909222
- eISBN:
- 9780190909253
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190909222.003.0003
- Subject:
- Political Science, Political Theory
Chapter 3 turns to political theory to explore the normative foundations of the state’s power over immigration. It examines theories based on (1) the value of cultural and national identity, (2) the ...
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Chapter 3 turns to political theory to explore the normative foundations of the state’s power over immigration. It examines theories based on (1) the value of cultural and national identity, (2) the right to property, (3) freedom of association, and (4) freedom from unwanted obligations. The first three appeal to the value of collective self-determination. On the nationalist view, the fundamental imperative of immigration control is the preservation of culturally distinctive nations. The property argument derives the right of immigration control from the labor of citizens. The freedom-of-association argument regards citizens as parties to associations, such as marriage or a golf club, which have the right to refuse association with nonassociates. The freedom-from unwanted-obligations-argument does not directly engage with the idea of collective self-determination. I argue that each of these theories falls short of providing a convincing theory of state authority over immigration.Less
Chapter 3 turns to political theory to explore the normative foundations of the state’s power over immigration. It examines theories based on (1) the value of cultural and national identity, (2) the right to property, (3) freedom of association, and (4) freedom from unwanted obligations. The first three appeal to the value of collective self-determination. On the nationalist view, the fundamental imperative of immigration control is the preservation of culturally distinctive nations. The property argument derives the right of immigration control from the labor of citizens. The freedom-of-association argument regards citizens as parties to associations, such as marriage or a golf club, which have the right to refuse association with nonassociates. The freedom-from unwanted-obligations-argument does not directly engage with the idea of collective self-determination. I argue that each of these theories falls short of providing a convincing theory of state authority over immigration.
Zoran Oklopcic
- Published in print:
- 2018
- Published Online:
- July 2018
- ISBN:
- 9780198799092
- eISBN:
- 9780191839573
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198799092.003.0005
- Subject:
- Law, Constitutional and Administrative Law
Chapter 5 moves beyond the two most politically consequential understandings of the right to self-determination: attributed to Demos and Ethnos respectively. While normative theorists are not sure ...
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Chapter 5 moves beyond the two most politically consequential understandings of the right to self-determination: attributed to Demos and Ethnos respectively. While normative theorists are not sure how to evoke these figures, this chapter treats them as ensembles that are extracted from Nephos; an even fuzzier and more granular political ‘aerosol’. Against it as a backdrop, the discrete locations of territorial rights will also appear more fuzzified—not as identifiable locations, but rather as Scopos; visual effects of concealed, but nevertheless contestable scopic regimes. Once its holders and objects appear in that light, otherwise incommensurable accounts of the right to self-determination will reveal a denominator they secretly share: a Kelsenian ‘tendency’—an aspiration to increase the degree of constituent attachments across the entirety of the spacetime of a constitutional order whose legitimacy is put in question by a demand for ‘self-determination’.Less
Chapter 5 moves beyond the two most politically consequential understandings of the right to self-determination: attributed to Demos and Ethnos respectively. While normative theorists are not sure how to evoke these figures, this chapter treats them as ensembles that are extracted from Nephos; an even fuzzier and more granular political ‘aerosol’. Against it as a backdrop, the discrete locations of territorial rights will also appear more fuzzified—not as identifiable locations, but rather as Scopos; visual effects of concealed, but nevertheless contestable scopic regimes. Once its holders and objects appear in that light, otherwise incommensurable accounts of the right to self-determination will reveal a denominator they secretly share: a Kelsenian ‘tendency’—an aspiration to increase the degree of constituent attachments across the entirety of the spacetime of a constitutional order whose legitimacy is put in question by a demand for ‘self-determination’.
Sarah Song
- Published in print:
- 2018
- Published Online:
- October 2018
- ISBN:
- 9780190909222
- eISBN:
- 9780190909253
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190909222.003.0004
- Subject:
- Political Science, Political Theory
Chapter 4 advances an alternative justification for the state’s right to control immigration based on the idea of collective self-determination. Collective self-determination is the idea that a group ...
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Chapter 4 advances an alternative justification for the state’s right to control immigration based on the idea of collective self-determination. Collective self-determination is the idea that a group of people should govern themselves. The chapter begins by discussing the meaning, role, and value of collective self-determination and then elaborates a conception of collective self-determination. It argues that the agent of collective self-determination is not a nation, joint owners of state institutions, or members of a voluntary association but “a people.” It then explores the connections between collective self-determination, territorial rights, and immigration control. It concludes by considering the distinctive requirements of democratic self-determination and its implications for immigration control in democratic societies.Less
Chapter 4 advances an alternative justification for the state’s right to control immigration based on the idea of collective self-determination. Collective self-determination is the idea that a group of people should govern themselves. The chapter begins by discussing the meaning, role, and value of collective self-determination and then elaborates a conception of collective self-determination. It argues that the agent of collective self-determination is not a nation, joint owners of state institutions, or members of a voluntary association but “a people.” It then explores the connections between collective self-determination, territorial rights, and immigration control. It concludes by considering the distinctive requirements of democratic self-determination and its implications for immigration control in democratic societies.
Cécile Fabre
- Published in print:
- 2016
- Published Online:
- September 2016
- ISBN:
- 9780198786245
- eISBN:
- 9780191839092
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198786245.003.0005
- Subject:
- Philosophy, Political Philosophy, Moral Philosophy
Belligerents routinely appropriate their enemy’s publicly owned resources, materiel, and territory, as well as their privately owned resources. The question is whether a belligerent which has taken ...
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Belligerents routinely appropriate their enemy’s publicly owned resources, materiel, and territory, as well as their privately owned resources. The question is whether a belligerent which has taken property in the public and/or private de facto possession of its enemy is under a duty to restitute it once the war is over. In this chapter, it is argued that a justified peace all things considered, does not always require the restitution of what was wrongfully taken; it is also argued that a justified peace sometimes does require the restitution of what was rightfully taken. The chapter defends those conclusions by considering three cases: the restitution of publicly and privately owned moveable property; the return of territory; and the return of displaced individuals to their homeland.Less
Belligerents routinely appropriate their enemy’s publicly owned resources, materiel, and territory, as well as their privately owned resources. The question is whether a belligerent which has taken property in the public and/or private de facto possession of its enemy is under a duty to restitute it once the war is over. In this chapter, it is argued that a justified peace all things considered, does not always require the restitution of what was wrongfully taken; it is also argued that a justified peace sometimes does require the restitution of what was rightfully taken. The chapter defends those conclusions by considering three cases: the restitution of publicly and privately owned moveable property; the return of territory; and the return of displaced individuals to their homeland.
Alexandre Kedar, Ahmad Amara, and Oren Yiftachel
- Published in print:
- 2018
- Published Online:
- May 2018
- ISBN:
- 9781503603585
- eISBN:
- 9781503604582
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9781503603585.003.0009
- Subject:
- Law, Comparative Law
This chapter explores the development of international law on indigeneity. It reviews the legal protections endowed by key documents, such as International Labor Organizations Convention No. 169 and ...
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This chapter explores the development of international law on indigeneity. It reviews the legal protections endowed by key documents, such as International Labor Organizations Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The chapter also provides a short comparative legal perspective on land rights of indigenous peoples which helps to situate the Israeli case within other settler colonial situations and to address the status of the relevant international legislation and norms. It concludes that several components of the UNDRIP have gained a status of international customary law, and hence with growing relevance to Israeli jurisprudence and to the Bedouins. The chapter ends by addressing the question of indigenous peoples’ rights in Israeli law and how Israeli basic laws should expand to incorporate the legal protection of the Bedouins.Less
This chapter explores the development of international law on indigeneity. It reviews the legal protections endowed by key documents, such as International Labor Organizations Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The chapter also provides a short comparative legal perspective on land rights of indigenous peoples which helps to situate the Israeli case within other settler colonial situations and to address the status of the relevant international legislation and norms. It concludes that several components of the UNDRIP have gained a status of international customary law, and hence with growing relevance to Israeli jurisprudence and to the Bedouins. The chapter ends by addressing the question of indigenous peoples’ rights in Israeli law and how Israeli basic laws should expand to incorporate the legal protection of the Bedouins.
David George Surdam
- Published in print:
- 2015
- Published Online:
- April 2017
- ISBN:
- 9780252039140
- eISBN:
- 9780252097126
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5406/illinois/9780252039140.003.0017
- Subject:
- Sociology, Sport and Leisure
This conclusion discusses the aftermath of the Congressional hearings. During the hearings, the owners' general prerogatives survived essentially intact, although free agency of some sort was ...
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This conclusion discusses the aftermath of the Congressional hearings. During the hearings, the owners' general prerogatives survived essentially intact, although free agency of some sort was imminent in all sports by 1976. Legislators did not repudiate the reserve clause, the reverse-order draft, or territorial rights, despite their qualms regarding these institutions. The legislators and their aides missed some opportunities to subject the team financial data from the 1950s to analysis, which could have shed light on such questions as the effects of revenue sharing. Some fans gained when their hometown landed an expansion or existing franchise, while other fans lost when legislators did not prevent franchise relocation. Congress has held several hearings in the intervening decades since 1989. The professional sports leagues have also evolved. Technology has altered the landscape.Less
This conclusion discusses the aftermath of the Congressional hearings. During the hearings, the owners' general prerogatives survived essentially intact, although free agency of some sort was imminent in all sports by 1976. Legislators did not repudiate the reserve clause, the reverse-order draft, or territorial rights, despite their qualms regarding these institutions. The legislators and their aides missed some opportunities to subject the team financial data from the 1950s to analysis, which could have shed light on such questions as the effects of revenue sharing. Some fans gained when their hometown landed an expansion or existing franchise, while other fans lost when legislators did not prevent franchise relocation. Congress has held several hearings in the intervening decades since 1989. The professional sports leagues have also evolved. Technology has altered the landscape.
David George Surdam
- Published in print:
- 2015
- Published Online:
- April 2017
- ISBN:
- 9780252039140
- eISBN:
- 9780252097126
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5406/illinois/9780252039140.003.0018
- Subject:
- Sociology, Sport and Leisure
This book examines the economics of the antitrust aspects of the three professional sports leagues—Major League Baseball (MLB), the National Football League (NFL), and the National Basketball ...
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This book examines the economics of the antitrust aspects of the three professional sports leagues—Major League Baseball (MLB), the National Football League (NFL), and the National Basketball Association (NBA)—based on the information presented at the hearings conducted by Congress during the 1950s. In the late 1800s, Americans worried about the growing concentration of economic power in the hands of large corporations and big trusts such as oil, railroads, steel, meat packing, and tobacco. In response, Congress passed the Sherman Antitrust Act of 1890. While owners of professional sports teams may not have resembled industrialists, they labored under the same antitrust statutes. This book explores some of the major issues tackled in the Congressional hearings, including mergers between rival football and basketball leagues, player rights, general antitrust exemptions, territorial rights, franchise relocation and sales, franchise expansion, and television policies.Less
This book examines the economics of the antitrust aspects of the three professional sports leagues—Major League Baseball (MLB), the National Football League (NFL), and the National Basketball Association (NBA)—based on the information presented at the hearings conducted by Congress during the 1950s. In the late 1800s, Americans worried about the growing concentration of economic power in the hands of large corporations and big trusts such as oil, railroads, steel, meat packing, and tobacco. In response, Congress passed the Sherman Antitrust Act of 1890. While owners of professional sports teams may not have resembled industrialists, they labored under the same antitrust statutes. This book explores some of the major issues tackled in the Congressional hearings, including mergers between rival football and basketball leagues, player rights, general antitrust exemptions, territorial rights, franchise relocation and sales, franchise expansion, and television policies.
David George Surdam
- Published in print:
- 2015
- Published Online:
- April 2017
- ISBN:
- 9780252039140
- eISBN:
- 9780252097126
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5406/illinois/9780252039140.003.0007
- Subject:
- Sociology, Sport and Leisure
This chapter focuses on the Congressional hearings conducted in 1959 and 1960 to address the issue of expansion and prospective new leagues. All of the league constitutions contained clauses ...
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This chapter focuses on the Congressional hearings conducted in 1959 and 1960 to address the issue of expansion and prospective new leagues. All of the league constitutions contained clauses pertaining to relocating or selling existing franchises and creating new franchises. These clauses typically required a supermajority, in some cases unanimity, of owners to approve franchise relocation or sales and expansion. However, incumbent owners were lukewarm about franchise expansion and hostile towards new leagues. This chapter begins with a discussion of tactics employed by team owners to prevent the entry of a new league, including territorial rights. It then considers the demise of the Continental League due to a number of hurdles, such as getting television contracts, providing pension benefits equivalent to Major League Baseball's (MLB) scheme, and and getting stadiums. It also examines the expansion policies of the National Basketball Association (NBA) and the National Football League (NFL), along with the legal wrangling between the NFL and the American Football League (AFL) over expansion.Less
This chapter focuses on the Congressional hearings conducted in 1959 and 1960 to address the issue of expansion and prospective new leagues. All of the league constitutions contained clauses pertaining to relocating or selling existing franchises and creating new franchises. These clauses typically required a supermajority, in some cases unanimity, of owners to approve franchise relocation or sales and expansion. However, incumbent owners were lukewarm about franchise expansion and hostile towards new leagues. This chapter begins with a discussion of tactics employed by team owners to prevent the entry of a new league, including territorial rights. It then considers the demise of the Continental League due to a number of hurdles, such as getting television contracts, providing pension benefits equivalent to Major League Baseball's (MLB) scheme, and and getting stadiums. It also examines the expansion policies of the National Basketball Association (NBA) and the National Football League (NFL), along with the legal wrangling between the NFL and the American Football League (AFL) over expansion.
