Discovery Rights and the Arctic
Abstract This article examines whether discovery could, contrary to common philosophical opinion, be taken seriously as a ground of territorial rights. I focus on the discovery of uninhabitable lands such as found in the Arctic. After surveying the role of discovery in Roman private law and modern i...
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2019
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Online Access: | http://dx.doi.org/10.1017/s1752971919000174 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S1752971919000174 |
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crcambridgeupr:10.1017/s1752971919000174 2024-09-09T19:21:54+00:00 Discovery Rights and the Arctic Schwartz, Daniel 2019 http://dx.doi.org/10.1017/s1752971919000174 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S1752971919000174 en eng Cambridge University Press (CUP) https://www.cambridge.org/core/terms International Theory volume 12, issue 3, page 387-407 ISSN 1752-9719 1752-9727 journal-article 2019 crcambridgeupr https://doi.org/10.1017/s1752971919000174 2024-07-31T04:03:23Z Abstract This article examines whether discovery could, contrary to common philosophical opinion, be taken seriously as a ground of territorial rights. I focus on the discovery of uninhabitable lands such as found in the Arctic. After surveying the role of discovery in Roman private law and modern international law, I turn to Locke's well-known theory or original acquisition. I argue that many of the justifications that do the work in Locke's theory also apply to discovery. I then discuss some of the many reasons why discovery may seem unpromising as a ground of original acquisition. I close by arguing that if there is a bridge mechanism by which property can legitimately transform into territory and if, at least in some circumstances, discovery can produce property rights, then it would follow that in some circumstances discovery could also produce territorial rights. Article in Journal/Newspaper Arctic Cambridge University Press Arctic International Theory 12 3 387 407 |
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Open Polar |
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Cambridge University Press |
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English |
description |
Abstract This article examines whether discovery could, contrary to common philosophical opinion, be taken seriously as a ground of territorial rights. I focus on the discovery of uninhabitable lands such as found in the Arctic. After surveying the role of discovery in Roman private law and modern international law, I turn to Locke's well-known theory or original acquisition. I argue that many of the justifications that do the work in Locke's theory also apply to discovery. I then discuss some of the many reasons why discovery may seem unpromising as a ground of original acquisition. I close by arguing that if there is a bridge mechanism by which property can legitimately transform into territory and if, at least in some circumstances, discovery can produce property rights, then it would follow that in some circumstances discovery could also produce territorial rights. |
format |
Article in Journal/Newspaper |
author |
Schwartz, Daniel |
spellingShingle |
Schwartz, Daniel Discovery Rights and the Arctic |
author_facet |
Schwartz, Daniel |
author_sort |
Schwartz, Daniel |
title |
Discovery Rights and the Arctic |
title_short |
Discovery Rights and the Arctic |
title_full |
Discovery Rights and the Arctic |
title_fullStr |
Discovery Rights and the Arctic |
title_full_unstemmed |
Discovery Rights and the Arctic |
title_sort |
discovery rights and the arctic |
publisher |
Cambridge University Press (CUP) |
publishDate |
2019 |
url |
http://dx.doi.org/10.1017/s1752971919000174 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S1752971919000174 |
geographic |
Arctic |
geographic_facet |
Arctic |
genre |
Arctic |
genre_facet |
Arctic |
op_source |
International Theory volume 12, issue 3, page 387-407 ISSN 1752-9719 1752-9727 |
op_rights |
https://www.cambridge.org/core/terms |
op_doi |
https://doi.org/10.1017/s1752971919000174 |
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International Theory |
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12 |
container_issue |
3 |
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387 |
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407 |
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1809762189436780544 |