The Political Philosophy of Territorial Rights and the State of Israel

Sebastian Hanak

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Academic Paper from the year 2021 in the subject Politics - Political Theory and the History of Ideas Journal, grade: 2,0, Univer...

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Academic Paper from the year 2021 in the subject Politics - Political Theory and the History of Ideas Journal, grade: 2,0, University of Frankfurt (Main), language: English, abstract: 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.