scispace - formally typeset
Search or ask a question
Author

Cara Nine

Other affiliations: University of Arizona
Bio: Cara Nine is an academic researcher from University College Cork. The author has contributed to research in topics: Law and economics & Autonomy. The author has an hindex of 10, co-authored 25 publications receiving 485 citations. Previous affiliations of Cara Nine include University of Arizona.

Papers
More filters
Journal ArticleDOI
TL;DR: In this paper, the authors focus on those rights ecological refugees may claim on the basis of collective self-determination, and adapt a version of the Lockean proviso for use in territorial rights theory.
Abstract: Ecological refugees are expected to make up an increasing percentage of overall refugees in the coming decades as predicted climate change related disasters will displace millions of people. In this essay, I focus on those rights ecological refugees may claim on the basis of collective self-determination. To this end, I will focus on a few specific cases that I call cases of ‘ecological refugee states’. Tuvalu, the Maldives, and to a certain extent, Bangladesh are predicted to be ecological refugee states in the near future. These are states whose entire (or close to it) geographical territory is predicted to be lost to rising sea levels; the collective body of the people will itself become an ecological refugee. The question is: what may the people of an ecological refugee state legitimately claim on the basis of their right to self-determination? Should we redraw state borders to accommodate a New Tuvalu? I argue that a plausible position regarding territorial rights is that when (1) a people clearly is (or recently was) self-determining and has a legitimate claim to continue to be self-determining, and (2) the self-determination of a people is existentially threatened because the people lacks territorial rights, that (3) the people becomes a candidate for sovereign over a new territory. The result is that existing state borders may need to change to accommodate something like a New Tuvalu. To generate these results on behalf of ecological refugee states, I examine the principles of the system of territorial states. Because the system of territorial states is a system of exclusive rights over goods, especially land, it is possible that it is subject to the conditions of a Lockean proviso mechanism. This paper is dedicated mainly to adapting a version of the Lockean proviso for use in territorial rights theory.

79 citations

Book
26 Jul 2012
TL;DR: In this article, the Lockean Proviso and the Ecological Refugee States Bibliography have been used to define the General Right to Territory (GNT) and the Natural Law Theory and the General right to Territory.
Abstract: Introduction 1. Territorial Rights 2. Natural Law Theory and the General Right to Territory 3. The People and Self-Determination 4. A Lockean Theory of Territory 5. Arbitrariness and Territorial Borders 6. Resource Rights 7. Global Justice and Territory 8. The Lockean Proviso and Ecological Refugee States Bibliography

76 citations

Posted Content
TL;DR: In this article, the authors focus on which rights ecological refugees may claim to collective self-determination, and they adapt a version of the Lockean proviso for use in territorial rights theory.
Abstract: Ecological refugees are expected to make up an increasing percentage of overall refugees in the coming decades as predicted climate change related disasters will displace millions of people. In this essay, I focus on which rights ecological refugees may claim to collective self-determination. To this end, I will focus on a few specific cases that I call cases of ‘ecological refugee states.’ Tuvalu, the Maldives, and to a certain extent, Bangladesh are predicted to be ecological refugee states in the near future. These are states whose entire (or close to it) geographical territory is predicted to be lost to rising sea levels; the collective body of the people will itself become an ecological refugee. The question is: what may the people of an ecological refugee state legitimately claim on the basis of their right to self-determination? Should we redraw state borders to accommodate a New Tuvalu? I argue that a plausible position regarding territorial rights is that when (1) a people clearly is (or recently was) self-determining and has a legitimate claim to continue to be self-determining, and (2) the self-determination of a people is existentially threatened because the people lacks territorial rights, that (3) the people becomes a candidate for sovereign over a new territory. The result is that existing state borders may need to change to accommodate something like a New Tuvalu. To generate these results on behalf of ecological refugee states, I examine the principles of the system of territorial states. Because the system of territorial states is a system of exclusive rights over goods, especially land, it is possible that it is subject to the conditions of a Lockean proviso mechanism. This paper is dedicated mainly to adapting a version of the Lockean proviso for use in territorial rights theory. When applied to the system of territorial states, this simple mechanism governing consistency between principle and practice in rights over land, tells us that ecological refugee states should become candidates as sovereigns over new territories.

68 citations

Journal ArticleDOI
TL;DR: In this article, the authors defend a straightforward application of Lockean property arguments to territorial rights and argue that it is possible to apply directly Lockean principles regarding land use to territorial claims.
Abstract: In this article I defend a straightforward application of Lockean property arguments to territorial rights. The article is divided into three parts. In the first part I explain the difference between two rights to land: property rights and territorial rights. In the second part I explain why an individualistic account of a Lockean theory of territory cannot be used to theorise about territorial rights. In the third part I defend a collectivist version of Lockean theory of territory. I argue that it is possible to apply directly Lockean principles regarding land use to territorial rights. I punctuate my defence with examples where Lockean principles are intuitively helpful in resolving conflicts over territorial rights.

68 citations


Cited by
More filters
Journal ArticleDOI
G. W. Smith1

1,991 citations

Journal Article

1,449 citations

Journal ArticleDOI
TL;DR: Nussbaum and Nussbaum as mentioned in this paper discuss women and human development in the context of women's empowerment and women's reproductive health. New York: Cambridge University Press, 2000, 303 pp.
Abstract: Women and Human Development. Martha C. Nussbaum. New York: Cambridge University Press, 2000, 303 pp.

752 citations

01 Dec 2005
TL;DR: A liberal form of nationalism is a form of "nationalism" that tries to reconcile two sets of seemingly contradictory values: the values of liberalism and its opponents as discussed by the authors, which is called liberal nationalism.
Abstract: Liberal nationalism is a liberal form of nationalism that tries to reconcile two sets of seemingly contradictory values: the values of liberalism and...

363 citations

Journal ArticleDOI
TL;DR: This Review presents a high-level synthesis of global gender data, summarise progress towards gender equality in science, medicine, and global health, review the evidence for why gender Equality in these fields matters in terms of health and social outcomes, and reflect on strategies to promote change.

265 citations