Territorial Justice in Israel/Palestine

Abstract

This Article examines the two dominant theories of territorial justice
— one associated with justice, the other with self–determination. It
applies these theories to the case of Israel/Palestine, and to ongoing
claims by political actors with respect to territorial rights there.
It argues that justice theory seems to straightforwardly suppose
the territorial rights of the State of Israel, at least if historical and
retrospective considerations are not at the forefront, though once
they are brought in, this argument can be deployed in support of
a number of different political positions. The self–determination
argument, it is argued, is somewhat less indeterminate and seems to
most straightforwardly support a “two–state” compromise. However,
as with justice theory, its assumptions can be challenged on a number
of fronts, and could also be deployed to buttress other arguments.
The merits and challenges of both theories are analyzed through
this case study.