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Perceptions of Nature in the Classification of Territory beyond the State
from Part II - Unmaking International Law
Published online by Cambridge University Press: 22 September 2022
This chapter explores the understanding of nature reflected in the international legal classification of territory, as reflected in the doctrines of terra nullius, res communis and the common heritage of mankind. It provides an overview and analysis of each of these concepts, noting the frequently problematic role they have played in legitimating the exercise of political and economic power. It then analyses the continuities and discontinuities between these categories. It argues that, despite surface changes, a narrow instrumental view of nature and the environment continues to be deeply embedded in much of our current thinking about jurisdiction over territory, and can be seen as constituting one of the ongoing barriers to thinking about the environment in more innovative and sustainable ways.
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