This paper examines what different philosophical approaches towards Territorial Rights of states can tell us about the founding and being of the State of Israel. Some might say that international law already holds the answers for most of the unsolved issues in this context and that it is solely a problem of non-implementation of this law that keeps the conflict going. On this point I clearly oppose. I argue that first international law is not as clear on the subject as some might argue, second that for this reason the sole reference to international law has not contributed essentially to a solution of the conflict within the recent years and third that many of the legal aspects oppose perceptions of justice for both sides involved. Therefore, I believe that taking a close look at the issue using theoretical perspectives of some of the most prestigious thinkers of the past centuries can positively contribute to the debate surrounding the Israeli-Palestinian conflict. The findings of this paper and their normative aspects hold political implications that provide a deeper understanding for the possibilities of a just peace between the parties involved.
In the first section of my paper, I will take a look at the legal aspects of territory in general and the case of Israel in particular. In this context I will also examine the historical dimensions that play a role in our case. Rejecting the idea that the reference to legal implications hold the components for a just peace, I then turn to the theoretical approaches towards the question of territorial rights. In this context, I will engage different schools of thought, including their most important authors, that consider the normative foundations of a.) the rights of states to rule over territory and b.) the rights of a particular state to rule over a particular territory. These theoretical approaches are first Lockean approaches towards territorial rights which derive territorial rights from property rights of individuals/collectives and their consent to pass over these rights to a state and secondly, nationalist approaches that focus on the nation as the subject of territorial rights and emphasize its’ historical connection to particular.
Finally, I will examine what each of the theoretical approaches can tell us about the key territorial questions associated with the founding and the being of the State of Israel or about relevant territorial aspects surrounding the conflict.
Inhaltsverzeichnis (Table of Contents)
- The Political Philosophy of Territorial Rights and the State of Israel
- State Territory, International law and the case of Israel
- (Legal) history of the founding of the state of Israel in 1948
- (Legal) history of the expansion of Israeli territory in 1967
- A political theory of territorial rights and the state of Israel
- Applying a Lockean theory of territory to the case of Israel
- Alternative Lockean Approaches
- Applying a Nationalist theory of territory to the case of Israel
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper explores different philosophical approaches towards territorial rights of states and analyzes their implications for the founding and existence of the State of Israel. It aims to contribute to the understanding of the Israeli-Palestinian conflict, particularly regarding the complexities of territorial claims, by examining the theoretical perspectives of renowned thinkers.
- The role of international law in defining territorial rights and the Israeli-Palestinian conflict
- The historical dimensions of territorial claims in the case of Israel
- The applicability of Lockean theories of territorial rights to the case of Israel
- The relevance of nationalist theories of territorial rights to the Israeli-Palestinian conflict
- The potential for a just peace between Israelis and Palestinians in light of theoretical perspectives on territorial rights
Zusammenfassung der Kapitel (Chapter Summaries)
The paper commences with an examination of the legal aspects of territory, particularly in the context of the State of Israel. It explores the historical dimensions of the issue and analyzes the role of international law in defining territorial boundaries and resolving conflicts.
The main part of the paper delves into theoretical approaches towards territorial rights, focusing on both Lockean and nationalist perspectives. It examines how these theories can be applied to understand the key territorial questions associated with the founding and being of the State of Israel, as well as the complexities of the Israeli-Palestinian conflict. The analysis explores the normative foundations of state rights to rule over territory and the implications of these theories for the case of Israel.
Schlüsselwörter (Keywords)
This paper focuses on territorial rights, international law, the State of Israel, the Israeli-Palestinian conflict, Lockean theory, nationalist theory, just peace, and historical dimensions of territorial claims.
- Quote paper
- Sebastian Hanak (Author), 2021, The Political Philosophy of Territorial Rights and the State of Israel, Munich, GRIN Verlag, https://www.grin.com/document/1182956
