Review Article: The environmental turn in territorial rights

Recent theories of territorial rights could be characterized by their growing attention to environmental concerns and resource rights (understood as the rights of jurisdiction and/or ownership over natural resources). Here I examine two: Avery Kolers’s theory of ethnogeographical plenitude, and Cara Nine’s theory of legitimate political authority over people and resources. While Kolers is a pioneer in demanding ecological sustainability as a minimum requirement for any viable theory of territorial rights – building a bridge between environmental and political philosophy – Nine highlights a crucial distinction when looking at territorial rights from a global justice perspective, namely that between jurisdictional powers and ownership rights over resources. Daring and innovative at first glance, I claim that both theories present, however, deep ambiguities and retreat from their radical implications which, if taken seriously, would lead to a massive redrawing of current territorial borders.     

Beyond reason: the philosophy and politics of immigration

In this paper, I critically address the role of arbitrary and contingent features in philosophical debates about migration. These features play a central role, and display the importance of ‘unreason’ in the debate and the limits of rational criticism. Certain elements of political thought have to be taken as given, as essential starting points or indispensable building blocks. As such, they cannot be exposed to rational criticism. Political arrangements such as national borders, nation-states and national identities constitute these building blocks, and justify coercive borders in order to sustain them. If we are to subject these arrangements to critical examination, then we move beyond the limits of liberal political philosophy. I examine theorists who take this kind of approach to the ethics of immigration: Michael Blake, Samuel Scheffler and David Miller. I argue that such approaches ask us to balance arbitrary and contingent features of the political world against the non-contingent moral equality of the migrant. If we are to recognize the migrant as an equal reason-giver in the moral contestation of borders, then we are compelled to theorize beyond these limits, and to theorize instead about a global community of equals, a post-national world made up of transnational belonging.     

Looking for a smoking gun: Committee jurisdictions and congressional voting decisions

The nature of jurisdictional boundaries of committees in the House of Representatives has received little scholarly attention. Recently, however, LaRue and Rothenberg (1992) focused specifically on this topic and concluded that for some legislators — namely, those involved in a jurisdictional dispute — jurisdictional issues were an important influence, above and beyond policy preferences, in determining votes. I expand on their analysis in an attempt to discover whether members who are not involved in such a dispute also seek to protect jurisdictional property rights. I find that these non-involved members werenot affected by the jurisdictional considerations.     

Engaging in Small Talk: Nanotechnology Policy and Dialogue Processes in the UK and Australia

This article discusses the phenomena of nanotechnology, and notes that despite high investment levels for global research and development, the public presently understands neither the implications of this emerging technology nor how it might be best governed. It considers the notion of the public interest and its place in the public policy cycle, and notes some of the specific challenges posed by this new technology. Adopting a comparative jurisdictional approach, this article maps a range of policy and dialogue activities currently underway within the United Kingdom and Australia and concludes that policy dialogue is an essential component of public policy development for all emerging technologies. While the Australian government is currently beginning this process, compared to countries such as the United Kingdom, such efforts here are still embryonic. A fuller engagement in wide‐ranging public debate is suggested as a part of protecting the public interest.     

Jurisdictional Integrity, Polycentrism, and the Design of Democratic Governance

Political and managerial processes are creating polycentric networks that transcend the traditional ideas of jurisdictional integrity in state-centric systems. Jurisdictional integrity refers to the political and legal competence of a unit of government to operate within a spatial and functional realm. An intrinsic element of jurisdictional integrity in a democratic system is that citizens are enabled to give consent to and pass judgment on the exercise of authority by that governmental entity. The concept of jurisdictional integrity is shown to apply differentially in relation to the traditional institutions of government in comparison with the emergent complex of quasi-governmental agencies, special purpose bodies and multi-organizational collaborations. Distinctions are drawn between club, agency and polity entities within this emergent organizational field. Problems to be faced in the design of institutions for network governance under conditions of polycentrism are identified and solutions reviewed. The potential of consociationalism to enable collective decision making across a polycentric system is highlighted. Informal norms are shown to be essential in enabling such a system for network governance to operate effectively.     

The Politics of Indian Gaming: Tribe/State Relations and American Federalism

Since the passage of the Indian Gaming Regulatory Act in 1988,gambling on reservations has become a multibillion dollar industry.The act, however, has led to jurisdictional conflicts betweentribes and states. These conflicts are redefining the positionand role of Indian tribes in American federalism. As the tribeshave gained autonomy, states have lost jurisdictional powerand control. The federal government has become the arbiter inthe disputes and, as such, has continued to maintain its positionof supremacy and power over both tribes and states.     

Tiebout Sorting in Metropolitan Areas

In this article, we tackle the issue of sorting at the metropolitan area by utilizing an alternative methodological approach that permits us to avoid problems plaguing earlier studies. For this analysis, we take two Metropolitan Statistical Areas (MSAs) as our test cases: the Houston MSA and the Atlanta MSA. For each metropolitan area, we employ Monte Carlo computer simulations to randomly create a large number of metropolitan “jurisdictional” groupings. Based upon these Monte Carlos, we are able to estimate the level of jurisdictional homogeneity that is attributable to random chance. The observed levels of sorting, including the increasing homogeneity as populations decrease, are entirely consistent with what one might find if clusters of households were randomly grouped together into municipalities.     

Border Security and Drug Trafficking in Senegal: AIRCOP and global security assemblages

Transnational security governance initiatives in West Africa, operationalized through international statebuilding interventions, are altering the sub-region’s borders and border enforcement. The article employs a practice-oriented ‘global security assemblages’ approach to demonstrate how border security professionals compete over how, who, and where to secure the border from borderless threats like drug trafficking. The article demonstrates this theoretical position empirically through an analysis of struggles over a flagship drug control project implemented by the United Nations Office of Drugs and Crime (UNODC) at Senegal’s Leopold Sédar Senghor (LSS) airport—AIRCOP. Senegalese customs, police, and gendarmes simultaneously cooperate and compete with international actors, private actors based at the airport, and amongst themselves, over how to curb drug trafficking. Through these competitive struggles over who should be the border’s guardian and how it should be guarded, it can be seen how new security practices and understandings are devised, as well as how borders become (re)constituted within the connected spaces of global security assemblages.     

Transaction costs and inter‐jurisdictional cooperation: an application to land use collaboration

• The costs and benefits of inter‐jurisdictional cooperation and how these impede strategic alliances among jurisdictions is an issue of growing importance worldwide. The reason is the potential cost savings, efficiency increase and economic development benefits that can be realized through cooperation. The literature has increasingly mentioned transaction costs as obstacles that mitigate cooperation and as a key component of cooperation costs, which must be outweighed by cooperation benefits in order for communities to perceive advantageous strategic alliances. However, a framework is lacking in the literature for evaluating the implications of transaction costs for inter‐jurisdictional cooperation. This paper develops a framework for evaluating the nature and dynamics of transaction costs and their implications for inter‐jurisdictional cooperation, with an application to land use. A simple cost function model is used to explain the costs and challenges associated with managing coordinated, cooperative or consolidated relationships, and the dynamics of such costs. The analysis highlights the importance of such things as degree of complexity, inter‐party diversity and the relative sizes of collaborating partners. An application to land use cooperation in Michigan suggests that policies to eliminate transaction costs could help reduce the barriers to cooperation of various types.

Copyright © 2010 John Wiley & Sons, Ltd.     

Global equality of opportunity and self-determination in the context of immigration

David Miller’s political philosophy of immigration employs two complementary argumentative strategies to challenge open border theories. The first strategy is to defeat the principled case for open borders, such as the global equality of opportunity argument for more lax immigration control. The second strategy is to establish the democratic community’s prima facie right to determine the shape of its future, including membership and the right to exclude. First, I argue that Miller’s conception of global equality of opportunity is overly narrow and that his objections to the principle, to the metric and to what counts as feasible political action misfire against other, more plausible, accounts. Second, I argue that his democratic interpretation of collective self-determination does not solve the pressing question concerning the morally justified scope and content of self-determination and the moral limits of the right to exclude. I conclude by questioning Miller’s general strategy: whether theories of immigration should be engaged in an exercise of shifting the burden of proof between open and closed borders. By contrast, I argue that a more desirable task for the political philosophy of immigration is to find ways in which the joint requirement of global equality of opportunity and collective self-determination can be coherently upheld.     

The Ethics of Immigration

This review essay examines recent work in political theory on the ethics of immigration admissions. It considers arguments put forward by Michael Walzer, Peter Meilaender and David Miller, among others, for state control of borders. Such arguments tend to appeal to the value of political communities and/or the exclusion rights of democratic associations, and I argue that neither of these are successful. Turning to work by Joseph Carens, Phillip Cole, Michael Dummett and others who advocate open or much more open borders, the article considers various arguments that would support this stance, including appeals to freedom of movement, utilitarianism and social justice. I argue that rights to immigration need embedding in global principles of resource redistribution. In the conclusion I sketch a cosmopolitan approach to immigration by which impartial criteria such as population density and gross domestic product would determine how many migrants states have a duty to admit.     

Environmental planning,administration and management in Nigerian Cities: The example of Benin City,Bendel State

Third World cities are characterized by weak administrative and managerial capacity for environmental planning. Benin City, Nigeria, is no exception. Benin's environmental problems result largely from its unplanned land use and weak development control. These problems include lack of open space, substandard housing and an increasing volume of refuse. The administrative arrangements to handle environmental problems include the Town Planning Division, which enforces building and housing codes and land use regulations; and the Task Force on Environmental Sanitation, responsible for solid waste management. However, these arrangements have not produced satisfactory results. Failure has been due partly to the ad hoc organization of environmental administration; the overlapping perception of environmental problems; the alienation of the public; dispersal of authority; and the scale of jurisdictional units. Effective environmental planning administration must adopt a holistic approach, which recognizes the need for a comprehensive environmental planning and a concentration of environmental authority. This is based on the premise that environmental issues are the responsibility of one agency but an obligation for all. Structurally, the concentration of environmental authority hinges on the principle of cooperative leadership by the Federal Government. This calls urgently for the establishment of a Federal Environmental Protection Agency at the centre, and Environmental Management Boards at state levels. The Boards would provide an administrative umbrella under which the management of various aspects of the environment are coordinated. In order to maximize the cooperation of the public, the traditional power structure of the Oba (paramount chiefs and community leaders) must be involved in the conception and implementation of environmental planning. Citizen participation would in turn be maximized if the neighbourhood is adopted as the jurisdictional unit, upon which environmental administration and management are systematically built.     

Committee jurisdiction, congressional behavior and policy outcomes

The literature on congressional committees has largely overlooked the impact of jurisdictional fights on policy proposals and outcomes. This paper develops a theory of how legislators balance the benefits of expanded committee jurisdiction against preferred policy outcomes. It shows why (a) senior members, and junior members in safe seats, are most likely to challenge a committee’s jurisdiction; (b) policy proposals may be initiated off the proposer’s ideal point for jurisdictional gains; (c) policy outcomes will generally be more moderate with jurisdictional fights than without these turf wars. We empirically investigate these results examining proposed Internet intellectual property protection legislation in the 106th Congress.     

Between hearts and pockets: locating the outcomes of transnational homemaking practices among Mexican women in Canada's temporary migration programmes

Temporary migration programmes (TMPs) contain features such as reduced costs and the social legitimation of regularized entry that allow women, including the very poor, to access transnational livelihoods. For mothers, taking up opportunities for employment abroad inevitably involves ‘transnational homemaking’, the set practices involved in caring for family relationships and maintaining household economies across borders. In this article, we examine the transnational homemaking practices undertaken by rural Mexican migrant women employed in highly masculinized TMPs in Canada, tracing how they construct and maintain household economies across borders through a delicate (re)negotiation of reproductive roles and responsibilities with non-migrating kin in Mexico. We find that migration yields material and subjective benefits that enable the expansion of their citizenship across multiple dimensions ranging from the economic to the sexual. At the same time, as racialized, gendered, migrants from the global South, their labour and status in Canada are highly precarious. The advantages derived from transnational migration are thus tenuous, limited, and contradictory.     

A left-libertarian proposal for egalitarian world ownership

In this paper I advocate a left-libertarian approach to egalitarian world ownership that combines common ownership of land, following Henry George (where private appropriation is subject to the payment of rent), with joint ownership of finite and exhaustible resources such as oil (where use is subject to a collective decision-making process and tax paid at the point of extraction). This rent and tax together create a common fund available for global distribution. I argue that this approach offers improvements on Hillel Steiner’s proposal for a global fund, and Thomas Pogge’s proposal for a Global Resources Dividend (GRD) since it does not penalize states for the inclusion of valuable resources within their territory that are not being used, while it also does not allow states to benefit from the use of resources elsewhere while simultaneously refusing to exploit the resources within their own borders. Moreover, joint ownership need not conflict with the libertarian commitment to self-ownership, as is often thought to be the case, and when supplementing common ownership of land it can provide an egalitarian outcome as well as greater protection for future generations and the environment.     

An aesthetics of diasporic citizenship: the example of Lebanese women in the UK

Migration for Lebanese is an ancestral practice that can be traced back to the Phoenicians. This cultural and social heritage has been maintained throughout time and still has an impact on the country to this very day. In the light of the expansion of capitalist mode of production on a global scale and the accentuation of human mobility across borders, the Lebanese migration represents an interesting case. This is not only because of their long tradition of travelling across the world but also, on closer inspection, because Lebanese people seem to have anticipated what has now emerged as a widespread ‘diasporic’ condition. In this regard, aspects such as belonging and participation are crucial. The aim of this work is not only to study a specific migratory experience through a transnational perspective but also to use gender as a fertile analytical category to interrogate all-encompassing issues such as human mobility and citizenship, and to raise more general theoretical questions. Ultimately, this approach will prove useful to critically examine concepts such as citizenship, identity and boundaries produced by contemporary nation states. The objective is to understand what the articulations of belonging and participation across boundaries are and how trajectories affect them. The research has no pretence of exhaustiveness. Nonetheless, as it takes advantage of qualitative methods of analysis, it sheds light on aspects that can prove useful to frame contemporary migration in a novel global perspective.     

Congressional Oversight of Intelligence: Is the Solution Part of the Problem?

After presenting evidence that the current system of congressional oversight of intelligence is failing, this article analyzes how the system has been undermined by a toxic combination of problems: the intelligence committees' inherent informational disadvantage in relation to the executive branch, the jurisdictional morass in which the committees must operate and their own internecine partisanship. The article discusses a range of specific changes that could be made, but concludes that the critical ingredient in strengthening the oversight system is to emphasize the development of strong, nonpartisan committee leadership.     

Tribes, States, and the Management of Lake Resources: Lakes Coeur d'Alene and Flathead

Divisiveness and conflict have often characterized the relationshipbetween native tribes and state governments. The two ordersof government, however, increasingly share resources and confrontcommon problems. Consequently, there is acknowledgment thatthere are mutual advantages to closer cooperation in some cases.One area of special significance is the management of sharednatural resources—specifically, lake watersheds. Thisarticle examines state-tribal management of Idaho's Lake Coeurd'Alene and Montana's Flathead Lake. It surveys the three principalissues (hunting and fishing, development, and water quality)for state and tribal policymakers, explores how state and tribalgovernments are responding to shared jurisdictional and managementchallenges, and suggests that these responses could be a basisfor a more flexible and balanced tribal-state relationship.     

Public health,human rights,and the beneficence of states

Conclusions The HIV/AIDS pandemic, now well into its third decade and spreading in states as diverse as Belarus, Ukraine, Indonesia, and Papua New Guinea, has shown us that we truly are sharing an interconnected world. As we struggle to deal with both ongoing and emerging threats to public health, and to reach just balances of the rights of individuals and communities, it is critically important not to lose sight of the many states where neither the rights of citizens nor the well-being of the community drive policy. Secretive, rights-violating regimes make poor global citizens in a world where new threats can emerge from obscure corners of the world (like occupational exposures in the butchering of masked palm civets or chimpanzees) and spread fast and far. The mishandling of public health threats in such states may be due to incompetence, malfeasance, official denial, censorship of science, bureaucratic inertia, or the desire not to lose face on the global stage. This is true for state failure in an array of other arenas, including economics and development. But public health failures are likely to have effects beyond state borders, and to affect us all. And this may be reason for some hope: outbreaks like SARS cast a bright light on ineffective responses, and may be one more reason for the citizens of the world who live in free societies to be concerned over the fate of those who do not.     

China and Disaster Governance: Assessing the Domestic Sources of a Global Responsibility

This article examines China’s engagement with global disaster governance. It reveals how international sentiments of humanitarian responsibility—understood as the imperative to help one’s own people as well as distant others—resonate deeply with Chinese political and social thought, with important implications for the Chinese leadership in managing the complex challenges presented by natural disasters. Here, modern conceptions of China’s global responsibilities are traced back to historic Chinese thinking on the nexus between political statecraft and able disaster management, and to its experiences in dealing with catastrophic events like the 2008 Sichuan Earthquake. Together, these have worked to inform China’s contemporary involvement in disaster relief operations within and beyond its borders.