Home
Scholarly Works
Three Models of Territory
Chapter

Three Models of Territory

Abstract

Abstract The chapter argues that regardless of whether a legal order has been established over a territory, possession of land itself already imposes obligations on persons outside the territory to respect it. She points out that possession of land also imposes duties on the holders of territory that are global in scope. It is therefore not possible to reduce territorial rights to claims of juridical independence in virtue of a state’s internal civil condition, although the existence of a legal order over a territory is an additional argument to the duty to respect a group’s occupation of land. This is because the internal legal order is only binding to its members, while occupation of land is binding to individuals and states already in the state of nature.

Authors

Walla AP

Book title

The Public Uses of Coercion and Force

Pagination

pp. 78-94

Publisher

Oxford University Press (OUP)

Publication Date

June 24, 2021

DOI

10.1093/oso/9780197519103.003.0007
View published work (Non-McMaster Users)

Contact the Experts team