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Territorial Conflict and Territorial Rights: The Crimean Question Reconsidered

Published online by Cambridge University Press:  06 March 2019

Ayelet Banai

Abstract

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This article focuses on contemporary theories of territorial rights in political and legal philosophy and explores their implications for the case of Crimea, focusing on three main accounts of territorial rights: Liberal nationalist, Lockean, and Kantian. The article advances the legal-political account of the “people” and its territorial rights as a promising approach to theorizing the corporate agents that have potentially valid territorial rights and claims. While normative theory does not yield a single unequivocal judgment that identifies one claimant as the solely justified territorial right-holder in Crimea, the application of general principles of territorial rights theory can help identify the pertinent considerations for the case, which clarify the normative implications of each potential resolution. While no party has an absolutely just territorial claim to Crimea, this article offers a qualified defense of the existence of a distinct “Crimean people,” defined by the distinct political history of Crimea and its long-standing legacy of autonomous legal-political institutions, which may constitute a shared political project for the culturally diverse population.

Type
Research Article
Information
German Law Journal , Volume 16 , Issue 3: Special Issue - The Crisis in Ukraine , July 2015 , pp. 608 - 630
Copyright
Copyright © 2015 by German Law Journal GbR 

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