Professional Documents
Culture Documents
CARA NINE
1
3
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Dedicated to my parents
Contents
Preface ix
1. Introduction 1
PART 3: APPLICATIONS
11. Settler Colonialism 219
12. Resource Rights 239
13. The Global Commons: Antarctica and Forest Carbon Sinks 259
Bibliography 283
Index 301
Preface
Every once in a while, you realize that perhaps you are going about things the
wrong way. This happened to me a couple of years after I published my first book
on territorial rights. My colleague at University College Cork, Owen McIntyre, an
expert on international water law, got me thinking about territorial rights over
rivers. Rivers don’t obey the normal rules of property and territorial rights. Unlike
with land, river resources don’t stay put. We can easily think of dividing up
land for different people to exclusively own. But rivers resist division. They are
essentially shared.
Theories often can afford to ignore things that don’t follow the rules, especially
if those things are uncommon or insignificant. But rivers aren’t unusual or
unimportant. Natural water systems are everywhere and, essentially, are crucially
important. Once I started to see territorial rights from the perspective of rivers,
I began to see why parts of my earlier theory of territorial rights had been, to me,
unsatisfying. This book sets out a newly framed theory with a new set of rules for
use and control. And while it is compatible with a lot of what I wrote in that first
book, some parts of it are not. It might be best for readers to think of these two
books as setting out two distinct theories.
During the past decade, I have developed the ideas in this book through a process
that involved many conversations and exchanges in person, virtually, and by email.
So many valued moments have shaped the contents of this book, and inevitably,
their numbers outstrip my ability to remember them all. This work could not have
grown into a full book without the conversations I have had with people at
workshops, conferences, presentations, coffees, and dinners over the years.
The manuscript was greatly influenced by two manuscript workshops. Margaret
Moore and Paulina Ochoa Espejo organized a workshop at Haverford College with
Avery Kolers, Arthur Hill, Annie Stilz, and Kok Chor Tan participating. Chris
Bertram organized a workshop at the University of Bristol, ultimately over Zoom,
with Kim Angell, Chris Armstrong, Megan Blomfield, Simon Caney, Petra
Gümplova, Matt Longo, Alejandra Mancilla, David Owen, and Juri Viehoff as
commentors. At various stages over the years, I have benefited from frequent
correspondence with Margaret Moore, Alejandra Mancilla, Paulina Ochoa Espejo,
Chris Armstrong, Kim Angell, and Adina Preda. Margaret Moore and Chris
Bertram have been dear mentors and friends to me, and I have learned so much
from their examples.
I owe thanks to the audience and participants at the Climate and Territory
Workshop, Waterloo University; MANCEPT seminar series, University of
x
¹ Mervyn Piesse, “The Grand Ethiopian Renaissance Dam: Power for Ethiopia, Disaster for Egypt?”,
Future Directions International (blog), 13 June 2019, http://www.futuredirections.org.au/publication/the-
grand-ethiopian-renaissance-dam-power-for-ethiopia-disaster-for-egypt/.
Sharing Territories: Overlapping Self-Determination and Resource Rights. Cara Nine, Oxford University Press.
© Cara Nine 2022. DOI: 10.1093/oso/9780198833628.003.0001
2
the Nile’s unique ecosystem for most aspects of its development. The management
of the dam by Ethiopia threatens the continuity of the resources flowing into
Egypt. Water, silt, and sediment flows, necessary for supplying nutrients for the
Nile’s ecosystem, could be crucially decreased by decisions made at the dam.²
Ethiopia has resisted efforts to legally bind its management of the dam to
include consultation with Egypt (and Sudan, the other downstream state). In
practice, it looks like Ethiopia has gained significant control over Egyptian affairs.
Control of the dam determines “who gets to set the rules about a very, very
important asset for all aspects of [Egyptian] life”.³ It seems like the ability for
Egypt to control its own affairs as a self-determining country has been taken away;
they are at the mercy of Ethiopia’s management decisions over the GERD.
For the most part, contemporary theories of territorial rights take their subject
matter to be the justification of state territorial rights, although sometimes they
include justifications for the territorial rights of substate units and indigenous
groups. They do not have the tools to deal with significant physical interconnect-
edness that crosses territories, such as river catchment areas. This book argues that
cross-border interconnectedness is not merely a problem for international rela-
tions, but rather it points to a deep problem in the way we have gone about
justifying territorial rights so far.
Margaret Moore opens her recent book on territorial rights with the history of
Bermuda. In 1606, the English set a fleet of ships off to what is now known as
Canada. The purpose of the voyage, which carried supplies and settlers, was to
establish British colonies in North America. A hurricane intervened, and one of
the ships ran aground near an uninhabited island. The fleet then went to work
building a settlement on that island, now called Bermuda. The point of her theory,
she says, is to justify the connection between a people, like those settlers, and the
land, such that they could claim this island as their territory. While Moore
acknowledges that most political histories do not start with uninhabited islands,
her theory still uses Bermuda as a normative model. The justification of territorial
rights aims to connect one people to one particular territory. Once that
² Sherien Abdel Aziz et al., “Assessing the Potential Impacts of the Grand Ethiopian Renaissance
Dam on Water Resources and Soil Salinity in the Nile Delta, Egypt”, Sustainability 11, no. 24 (January
2019): 7050, https://doi.org/10.3390/su11247050; Magdi Abdelhadi, “Egypt Fumes as Ethiopia
Celebrates over Nile Dam”, BBC News, 30 July 2020, sec. Africa, https://www.bbc.com/news/world-
africa-53573154; Jed Higdon, Brendan Sheehan, and Ryan Eskew, “The Nile River and GERD—The
Politics of Water”, accessed 1 August 2020, http://waterandconflict.web.unc.edu/the-nile-river-and-
gerd/.
³ Ethiopia Starts Filling Disputed River Nile Dam|DW News, 2020, https://www.youtube.com/watch?
v=yYaYCklXCIk.
3
justification is established, then the people can claim more robust control over
resource rights and other rights associated with holding territory.⁴
Moore’s use of this model is not surprising, because the model is widespread.
Paulina Ochoa Espejo calls it the desert island model. On Ochoa Espejo’s descrip-
tion of the desert island model, groups with territory are thought to be independ-
ent and distinct. Independence allows a group to make decisions and to act without
external control or dependence. After assessing the natural resources on the
uninhabited island where we’ve found ourselves, we can decide to do what we
want with them and to act on those decisions. With mineral-rich land, we could
construct mines and build stone structures. Our economy could thrive on
invented ways to use these resources for the common good. Because our
decision-making is independent, we can theoretically do all of this without
depending on or coordinating with outsiders. Distinctness allows us to tell which
individuals are members of our group and which resources and lands are ours.
When the island divides us from outsiders, it is clear who is a member of the
people. That is, we assume, all the people on the island are members of the people.
And it is also clear which resources are part of our territory; we assume all the
resources of the island are ours. Distinctness allows us, the island people, to utilize
our resources without violating the claims of outsiders. Island resources clearly
belong to us, so we can use them according to our own plans without violating the
claims of outsiders to their own set of resources.⁵
Contrast the desert island model with a river model. On a river model, groups
are assumed to be interdependent and overlapping. Rivers carry essential materials
for life, ecosystems, economies, and cultures. A river passes through cities or
towns, picking up what these places put into the river and leaving what they take
out. What they put in or take out, the river presents it or its absence to the next
town downstream, and the cycle repeats onwards to the ocean. Rivers are not
single lines running through a landscape. They embody whole catchment areas
where streams, tributaries, and underground water filter through rock and soil
and anything else in their way to unite with the river flow. Industrial runoff on a
mountainside will appear in water hundreds of miles downstream.⁶
If we imagine human settlements and territorial rights as established in river
catchment areas—not on isolated islands—the primary features of group life are
not independence and distinctness. Instead, groups are vitally connected to each
other through this flowing resource. They need it to live, to fuel their economies,
to serve their environmental systems, and to support their ways of life.
⁴ Margaret Moore, A Political Theory of Territory, Oxford Political Philosophy (New York: Oxford
University Press, 2015), 1–2.
⁵ Paulina Ochoa Espejo, On Borders: Territories, Legitimacy, and the Rights of Place (New York:
Oxford University Press, 2020), 29–30.
⁶ Cara Nine, “When Affected Interests Demand Joint Self-Determination: Learning from Rivers”,
International Theory 6, no. 01 (March 2014): 157–74, https://doi.org/10.1017/S1752971914000086.
4
Moreover, river resources are not subject to distinct division between groups, but
instead are overlapping. River catchment resources are nearly impossible to divide
distinctly between groups, because these resources move around. One group
cannot say that they are going to act only on their share of water in a river,
because to act on some of the water entails acting on the whole river system.
Claims to river catchment resources of the Upstream group will overlap with the
Downstream group. Essentially, many mobile and flowing resources and resource
systems are shared between groups, not divided cleanly between them. On the
river model, groups with rights of self-determination over territory are inter-
dependent and overlapping.
The river model forces territorial rights theory in liberal analytic philosophy to
revise two of its key components: occupancy and collective self-determination.
Occupancy refers to human settlement or possession. This concept is important
for territorial rights theory because acts of occupancy can give rise to occupancy
rights, the right to continue acts of settlement in that area. Occupancy rights are
archetypes of foundational titles. Foundational titles are pre-political rights to
objects or locations that anchor territorial rights in particular places. These rights
anchor people to particular domains or places and provide the first step for
justifying their right to form political communities with territorial rights there,
in that particular place. Historically, “occupancy” referred to the exclusive settle-
ment of areas by people representing a sovereign. It was established by setting
boundaries and engaging in acts of altering the land within those bounds.⁷ These
boundaries marked settled areas as the exclusive domain of the sovereign.
Recently, the term has been used to refer to acts of settlement that do not imply
exclusive settlement. On these views, rights of occupancy are not exclusive rights,
but rather are rights against displacement or removal. Still, rights of occupancy are
argued to constitute foundational titles. Three of the most prominent books
published on territorial rights in the past five years have grounded collective
territorial rights in pre-political rights of occupancy or property rights in a
residence.⁸
I propose that this should change. Occupancy rights are not the only pre-
political rights that can count as foundational titles. If foundational titles refer to
pre-political rights that humans can claim over objects that are central to their
lives, like their place of residence, then these titles ought also to apply to other pre-
political rights as well. Foundational titles ought to include rights to secure access
⁷ Richard Tuck, Natural Rights Theories: Their Origin and Development (Cambridge [England];
New York: Cambridge University Press, 1979), 61; Hugo Grotius, The Free Sea [Mare Liberum], trans.
Richard Hakluyt, 1609th ed., Major Legal and Political Works of Hugo Grotius (Indianapolis, IN:
Liberty Fund, 2004), 23, https://scholar.harvard.edu/files/armitage/files/free_sea_ebook.pdf.
⁸ Moore, A Political Theory of Territory, chap. 3; Anna Stilz, Territorial Sovereignty: A Philosophical
Exploration, Oxford Political Theory (Oxford, New York: Oxford University Press, 2019), chap. 2;
A. John Simmons, “On the Territorial Rights of States”, Noûs/Philosophical Issues: Social, Political and
Legal Philosophy 35, no. s1 (2001): chap. 5.
5
to the objects of our basic needs, like accessing fresh water, rights to continue
using resource domains and resource systems, like river catchment areas, and
rights to access the places of important social spheres. So, in my view, founda-
tional titles can be held in resource systems, like rivers, and the resources extracted
from these resource systems, like fresh water. Given the complex nature of a river,
this means that agents must share foundational titles with others over the same set
of resources. This overlap in foundational titles opens up the possibility for
thinking of resource systems, and other places where foundational titles are
essentially shared, as foundations for the construction of territorial rights.
Collective self-determination refers to the right of a group to rule itself. The self-
determination of peoples has traditionally been employed as part of the answer to
the question: Who gets control over which territory? In international law, the right
to self-determination is articulated in terms of all peoples’ right to “the integrity of
their national territory”,⁹ as well as their rights to political freedoms.
Contemporary theories of self-determination usually identify the rightsholder
as a group that is a state or state-like, with state-like capacities for independent
governance over its own territory.¹⁰ But this view of self-determination ignores
other important features of our political world, where self-determining groups are
overwhelmingly interdependent and exercise control over overlapping territories.
Cities, for example, enjoy limited rights of self-rule, and their territories are nested
within larger-scale political entities. Cities are dependent on larger-scale political
entities like states for economic and other kinds of support. I contend that existing
theories of self-determination come up short in their justification of territorial
rights, because they fail to take on the overlapping nature of self-determination as
a key component of how groups achieve or exercise self-determination. But when
theory is forced to engage overlap, it must answer questions like: If different
kinds of groups, such as the residents of a state and the residents of a city, hold
separate rights of collective self-determination over the same territory, then what
does it mean to be self-determining in this context? Moreover, how should we
⁹ UN, “Declaration on the Granting of Independence to Colonial Territories and Peoples General
Assembly Resolution 1514 (XV)” (unpublished thesis, 1960).
¹⁰ Anna Stilz, “Why Do States Have Territorial Rights?”, International Theory 1, no. 02 (July 2009):
185–213, https://doi.org/10.1017/S1752971909000104; Simmons, “On the Territorial Rights of States”;
Jeremy Waldron, “Proximity and Conflict as the Basis of a State”, 2007; Tamar Meisels, Territorial
Rights, Second Edition, Second ([Dordrecht?]: Springer, 2009); D. Miller, “Liberalism and Boundaries:
Response to Allen Buchanan”, in States, Nations, and Borders the Ethics of Making Boundaries, by Allen
E. Buchanan (Cambridge: Cambridge University Press, 2003); Cara Nine, “A Lockean Theory of
Territory”, Political Studies 56, no. 1 (1 March 2008): 148–65, https://doi.org/10.1111/j.1467–9248.
2007.00687.x; Moore, A Political Theory of Territory, 51; Avery Kolers, “Attachment to Territory: Status
or Achievement?”, Canadian Journal of Philosophy 42, no. 2 (1 January 2012): 101–23, https://doi.org/
10.1353/cjp.2012.0001; Andrew Altman and Christopher Heath Wellman, A Liberal Theory of
International Justice (Oxford; New York: Oxford University Press, 2009); Ryan Pevnick, ed.,
“Statism, Self-Determination, and Associative Ownership”, in Immigration and the Constraints of
Justice: Between Open Borders and Absolute Sovereignty (Cambridge: Cambridge University Press,
2011), 19–52, https://doi.org/10.1017/CBO9780511975134.002.
6
of self-rule is divided between overlapping units, then we need to know how parts
of the rights of self-determination can be divided and allocated. This involves
breaking the right down into its component parts and matching them to different
scales and types of political units. Second, what it means to achieve self-
determination must be understood to allow for a significant amount of depend-
ence and lack of control. Where the RCA has the authority to be self-determining
about water allocation decisions, it will likely be dependent on other units, for
example, to enforce those decisions. Third, the allocation of component rights of
self-determination between groups will be subject to a set of principles. That the
RCA has certain powers and not others must be justified in the context of its
structural relations with other overlapping political units.
In this book, I present a theory that lays the groundwork for rethinking territorial
rights in liberal political philosophy using the river model framework.
In my theory, foundational titles are individual rights to objects or domains that
anchor territorial rights in particular locations. They include natural use-rights to
access the objects of our basic needs where these rights can be established outside
of conventional systems of law. Foundational titles are use-rights that are not
necessarily exclusive claims themselves, but instead have the weight to constrain
other exclusive claims. For example, my right to access water on your property
does not give me an exclusive right to that water, but it places constraints on your
property right.
Rights that can qualify as foundational titles:
• Use-rights to objects that are used to meet individuals’ basic needs, like
fresh water
• Use-rights to shared resource domains or systems
• Use-rights of residence
• Rights to access certain social relations and the places of those relations
Not all use-rights are foundational titles, and foundational titles are necessary
for establishing claims to a particular territory, but they are not sufficient.
Territorial rights are constituted by rights of groups to exercise collective self-
determination over a territory. Consequently, to hold territorial rights, a group of
individuals with foundational titles must also meet the conditions for claiming
rights of collective self-determination.
Foundational territories serve as the building blocks of larger territorial units
and are usually held by lower-scale political entities like cities and RCA
8
I stress that this is a conceptual taxonomy of the rights and obligations constitu-
tive of self-determination. On this conceptual division, it is conceptually possible
for one political entity to hold only one rights cluster or to hold two or all three.
Finally, I defend principles of institutional design for allocating self-determination
rights between overlapping territorial units. Vertical relationships define which
powers, immunities, and competencies are held by which scale of government; it is
normal for an entity at one scale to be justified in taking away powers from entities
in the same political structure, but at a different scale. It is sometimes thought that
states or state-like units may justifiably take away the power of a city to determine
local zoning ordinances. In contrast, I argue that both lower-scale foundational
units and higher-scale political units like states share metajurisdictional authority
to determine which decisions should fall under whose jurisdictional authority. In
addition, foundational territorial units can claim pre-emptive rights to control the
jurisdictional issues and competencies that serve to protect the place-specific
natural rights and obligations of their members, especially if these rights are
threatened by the decision-making of overlapping units.
When mediation and negotiation between metajurisdictional rights holders is
needed, it will be guided by a narrow principle of subsidiarity and the logic of
achievement.
My tailored version of the principle of subsidiarity specifically argues that
foundational territories should have:
¹¹ Thomas Christiano, “A Democratic Theory of Territory and Some Puzzles about Global
Democracy”, JOSP Journal of Social Philosophy 37, no. 1 (2006): 81–107; Allen Buchanan,
“Boundaries: What Liberalism Has to Say”, in States, Nations, and Borders the Ethics of Making
Boundaries, ed. Allen E Buchanan and Margaret Moore (Cambridge: Cambridge University Press,
2003).
11
The logic of achievement assesses whether political units have been successful
at implementing certain functions. At a minimum, the political unit must execute
the basic functions of government, defined relative to its jurisdictional remit and
competencies.
While executing political functions, the unit must:
Where a political entity, like a state or foundational unit, achieves these criteria,
then it qualifies as a group that may claim a right to exercise jurisdictional powers
over the geographical region where it has realized its achievement.
Foundational territories will cross many existing state boundaries. Where
foundational territorial units overlap two or more states or state-like units, they
should be recognized as constitutional entities or the equivalent in each state with
which they overlap. These circumstances imply a framework of political and legal
pluralism. Political pluralism occurs where “multiple sources of legitimate author-
ity are equally ultimate, in that one is not authorized by the other and neither is
authorized by a putative third”.¹² I am proposing that foundational territorial
units that overlap multiple states will fall under the territorial jurisdiction of each
¹² Victor M. Muniz-Fraticelli, The Structure of Pluralism (Oxford: Oxford University Press, 2014), 20.
12
of those states equally. This leads to a situation of legal pluralism, where multiple
systems of law produce different systems of rules for acting on the same issue.
These are areas of shared territory between states. On maps, they would be
represented as a cross-hatched geographical area.¹³
¹³ Nine, “When Affected Interests Demand Joint Self-Determination: Learning from Rivers”.
¹⁴ Chile, “Chile: Constitutional Amendment Concerning Natural Resources and Their Nationalization”,
International Legal Materials 10, no. 5 (1971): 1067–72; C. J. Tesar and Sheila Tesar, “Recent Chilean
Copper Policy”, Geography 58, no. 1 (1973): 9–12.
13
¹⁵ Nico Schrijver, Sovereignty over Natural Resources: Balancing Rights and Duties (Cambridge:
Cambridge University Press, 2008); Petra Gümplová, “Sovereignty over Natural Resources—A
Normative Reinterpretation”, Global Constitutionalism 9, no. 1 (March 2020): 7–37, https://doi.org/
10.1017/S2045381719000224.
¹⁶ My use of “state” here is intentionally ambiguous. It can refer to the institutions and government
of the state or to its collective citizenry.
¹⁷ Chris Armstrong, “Against ‘Permanent Sovereignty’ over Natural Resources”, Politics, Philosophy
& Economics, 20 March 2014, https://doi.org/10.1177/1470594X14523080; Chris Armstrong, Justice
and Natural Resources: An Egalitarian Theory (Oxford, New York: Oxford University Press, 2017);
Simon Caney, Justice beyond Borders: A Global Political Theory (Oxford; New York: Oxford University
Press, 2005); Thomas Pogge, World Poverty and Human Rights: Cosmopolitan Responsibilities and
Reforms (Cambridge; Malden, MA: Polity, 2002); Charles R. Beitz, Political Theory and International
Relations (Princeton, NJ: Princeton University Press, 1979); Hillel Steiner, “Territorial Justice”, in
National Rights, International Obligations, ed. Simon Caney (Boulder, CO: Westview Press, 1996),
139–48; Kok-Chor Tan, Justice without Borders: Cosmopolitanism, Nationalism, and Patriotism (New
York: Cambridge University Press, 2004); Lea Ypi, “A Permissive Theory of Territorial Rights”,
European Journal of Philosophy 22, no. 2 (June 1, 2014): 288–312, https://doi.org/10.1111/j.
1468–0378.2011.00506.x; Lea L. Ypi, “Statist Cosmopolitanism*”, Journal of Political Philosophy 16,
no. 1 (1 March 2008): 48–71, https://doi.org/10.1111/j.1467–9760.2008.00308.x.
14
features that are spatially integrated. These people have an obligation to form a
political community when it is impossible to manage their conflicting obligations
without a common set of rules. At this level, the groups have metajurisdictional
immunities against division or being made smaller and prima facie rights of
jurisdictional immunity, given certain conditions. We can draw foundational
territories around RCAs and other relevant ecosystems and urban areas. This
solves the problems that arise when we try to divide resource systems like rivers
between territorial units. In my view, it is impermissible to politically divide
certain resource domains or systems when the features of those systems are
spatially integrated. The whole RCA is an indivisible foundational territory with
limited rights of self-determination to manage its located resources.
However, foundational territories share resources with other overlapping
groups. This means that there must be principles for allocating political rights
and powers over resources between overlapping groups. I argue that vertical
allocations of resource rights between units should follow the narrow principle
of subsidiarity and logic of achievement.
Where a group is failing in one of these areas, for example, pursuing resource
development in ways that undermine the autonomous functioning of overlapping
groups, their resource rights should be re-evaluated, using the intergroup mech-
anisms of adjudication or negotiation. In Chapter 10, I suggest that these mech-
anisms could be built into a horizontal federalist system that manages the relations
between groups.
The book is divided into three parts. Part 1, Chapters 2–6, defends my theory of
foundational titles. Part 2, Chapters 7–10, defends my theory of foundational
territories. And Part 3, Chapters 11–13, applies these theories to three cases: settler
colonialism, resource rights, and the global commons.
Part 1 is concerned with defending an account of individual rights to resources
and to certain social spheres and places. This sets a backdrop for understanding
individual claims to complicated resource domains like rivers and to global
resources like polar ice. If the reader is not interested in these issues, and wants
instead to get straight to theories of self-determination and territorial rights, they
may want to skip ahead to Chapter 6. Chapter 6 lays the groundwork of relational
autonomy and morally significant social relations and place in my view. This
discussion supports my theory of foundational territories and overlapping self-
determination defended in Part 2. Readers interested in the applied issues of
settler colonialism, resource rights, and the global commons will be interested in
the discussions in Part 3.
17
In Part 1, Chapter 2 first introduces and defends the normative framework that
I use to ground my arguments throughout the book. My theory grows from
modern natural law, especially borrowed from Samuel Pufendorf and contem-
porary feminist views on relational autonomy. I believe a problem with traditional
natural law theory is that it can ignore features of individuals that are deeply
intertwined with others. To adequately address this issue, I adopt the feminist
view of relational autonomy, that an individual’s moral agency is essentially
embedded in social relations and place, and Pufendorf ’s principle of sociability.
Chapter 2 defends the adoption of Pufendorf ’s claim that the fundamental prin-
ciple of natural law is to be sociable. A fundamental natural principle describes
what humans essentially ought to achieve. The fundamental goal is to be sociable,
to live in peaceful coexistence with others under conditions that respect the
natural equality of persons. To proceed from this fundamental principle of natural
law to be sociable to specific rules of natural law, I appeal to a rule-utilitarian
procedure. Rule utilitarianism requires that moral agents follow rules, rather than
evaluate the moral consequences of each action. We evaluate the rules when it
seems that they are in conflict. When there is conflict, the overall capacity of the
rule to direct action towards the goal of sociability tells us which rule should be
followed.
Chapter 2 uses this rule-utilitarian method to derive the natural right to secure
access to the objects of our basic needs. On Gillian Brock’s and Martha
Nussbaum’s capability theories, what marks a human life is the ability to exercise
human agency—the freedom to choose and to achieve through the activities of
self-development and self-transformation.²⁵ Taking relational autonomy into
account, I add to Brock and Nussbaum’s list the basic need to access stable social
relations to support cognitive development and functionality necessary for indi-
vidual autonomy (defended in depth in Chapter 6).
Chapters 3 and 4 argue that foundational titles are best understood as use-
rights. Under normal circumstances, use-rights include a liberty to access and to
use things in the commons and also a special claim-right to those goods while they
are being used. In other circumstances, such as circumstances of extreme scarcity,
use-rights include liberties to access and to use things that are already owned by
others. Chapter 4 clarifies my account of use. In my view, one uses an object when
one physically incorporates it into the way they pursue and maintain their
interests. This conception is open to a wide set of ways that objects can be used,
and I employ it to justify use-rights over resource domains and resource systems.
²⁵ For a good discussion in the context of global justice, see Gillian Brock, Global Justice:
A Cosmopolitan Account (Oxford: Oxford University Press, 2009) (p. 66).
18
²⁶ Moore, A Political Theory of Territory; Anna Stilz, “Occupancy Rights and the Wrong of
Removal”, Philosophy & Public Affairs 41, no. 4 (September 1, 2013): 324–56, https://doi.org/10.
1111/papa.12018; Stilz, Territorial Sovereignty, 2019. Moore calls her right a “right of residency”.
I am calling both rights of occupancy, to distinguish it from a right to one’s residence, or home.
19
spheres and places. I argue that individuals draw on a variety of small, overlapping
social spheres to develop their capacity for autonomous moral agency. Family,
religion, profession, education, friendships, and political community all matter, in
my view. And more, diversity, change, and conflict between social contexts
contribute to our autonomous capacities to revise, evaluate, and choose between
various life options. My view stands in contrast to identity-based accounts, like
nationalism, where a significant group has the moral standing on its own to claim
territorial rights. Instead, my view depends on diverse, multiple, overlapping, and
conflicting social relations existing together.
Part 2 starts with Chapter 7, a mostly negative chapter. In it, I identify two
problems within existing theories of self-determination and territorial rights. First,
these theories have a methodological problem of failing to represent the political
standing of small-scale groups in their overall account of self-determination and
territorial rights, even though most theories imply that small-scale groups have
some level of political standing. Second, they face a boundary problem. Two sets of
individuals on territorial rights theory need to match: the set of legitimate
residents of territories and the set of persons who have a justified obligation to
obey the territorial rule of law. Unfortunately, these sets often do not match, and
this throws up practical and normative obstacles. My discussion in this chapter
draws three conclusions. First, theories should vary the justification for political
obligations according to scale. Second, theories should develop a place-based
account of political obligations. And third, theories ought to break down the
right of collective self-determination into its component parts to analyse how
political units at various scales may share these rights.
Chapter 8 defends my theory of foundational territories. I draw attention to the
way that physical proximity often entails a kind of mutual obstruction. Living near
others usually means that we cannot avoid negatively affecting their moral
agency—other people cannot do what they are morally obliged to do because we
get in their way. Residents in places that entail entrenched and scaffolded mutual
obstruction automatically become members of a political association tasked with
coordinating local behaviour, just because of their location. In my view, the
residents of foundational territorial units have an obligation to obey (or to form
and then obey) a political community with jurisdictional powers over location-
specific issues, when it is impossible to manage their conflicting place-specific
obligations without a common set of rules. This political obligation is necessary to
meet the conditions of natural law. First, a foundational territorial unit must
articulate and adjudicate conflicting use-rights and property rights over shared
resources. Second, they must manage localized conflict between the fulfilment of
individual obligations. Because sharing space and resources in a place prohibits
the fulfilment of obligations, people in that place must abide by collective rules to
(a) justify their actions that prevent others from fulfilling obligations, and (b)
establish peaceful relations.
20
remain under the jurisdictional control of the groups that have territorial rights
over the regions that contain them. Finally, I argue that territory and property
rights to the Antarctic ice and to forest carbon sinks are constrained by the basic
needs and sustainability provisos. As I argue in Chapter 3, triggering the basic
needs proviso requires appropriate compensation. Therefore, in the case of forest
carbon sinks, humanity must, where they can, compensate the territorial rights
holders for the costs of complying with this use-right to provide for humanity’s
basic needs.
PART 1
FOUNDATIONAL TITLES AND
OVERLAPPING INDIVIDUAL
RIGHTS
2
Natural Law, Methods, and Basic Needs
How should international political systems, like rights to territory and resources,
be organized? What rules should we follow when setting up these institutions, and
which rules should these institutions make into law? In answering these questions,
it is possible to employ different methods. One method is to appeal to seemingly
objective, universal values, such as the equality of individuals or individual rights
to subsistence. This approach produces universal principles that ought to con-
strain and guide all human activity, including the construction and maintenance
of political institutions. An alternative approach appeals to conventional rules and
examines the validity and value of existing institutions by asking whether the
systems are legitimate.
I pursue an approach that appeals to universal values, specifically a natural law
approach. This book offers a new adaptation of natural law theory for our
contemporary circumstances. My theory is borrowed from modern (sixteenth
and seventeenth centuries) natural law theory, especially from Samuel Pufendorf
and John Locke, and incorporates contemporary feminist views on relational
autonomy. That humans are fundamentally social is built into my foundational
premises. In my view, the fundamental principle of natural law is sociability, or
peaceful relations with others under conditions that recognize others’ equal
moral agency.
My central goal is to challenge the assumption in traditional natural law theory
that territorial rights do not overlap each other by developing an alternative
account of natural law that embraces nested and overlapping self-determination.
With this framework, I justify the moral and political standing of foundational
territories—lower-scale political units that can cross multiple state territories.
This chapter sets out this book’s natural law framework, the principle of
sociability. Working from interpretations of Pufendorf ’s theory and capability
theory, I argue that the principle of sociability should be interpreted as setting the
justification for natural rights and obligations within a rule-utilitarian framework.
The ultimate goal of the framework is to implement political institutions that
achieve sociability, peaceful relations under conditions that recognize equal moral
agency. Section 2.1 defends the general goal to provide a moral theory of territorial
rights by revising natural law theory. While I acknowledge that natural law theory
is limited, I believe that it plays an important role in the justification of our
political and legal international systems. Section 2.2 presents Pufendorf ’s theory
that the fundamental law of nature is the obligation to be sociable. I also present in
Sharing Territories: Overlapping Self-Determination and Resource Rights. Cara Nine, Oxford University Press.
© Cara Nine 2022. DOI: 10.1093/oso/9780198833628.003.0002
26 , ,
this section the rule-consequentialist methodology for deriving natural rights and
obligations from the fundamental duty of sociability. Section 2.3 argues for a
capabilities account of basic needs and for the claim that natural rights to the
objects of basic needs can be derived from my methodology.
This chapter sets the groundwork for Part 1 of this book, defending founda-
tional titles as the grounds for foundational territories and overlapping territorial
rights. Foundational titles are individual natural rights to objects or domains that
anchor territorial rights in particular locations, justified from the principle of
sociability. It also sets the groundwork for Part 2, where I defend foundational
territories as lower-level political units with rights of self-determination.
Foundational territories are justified from the principle of sociability.
In his 2013 book on human rights, Allen Buchanan laments the methodology
usually employed by philosophers to justify legal systems. Most philosophers,
Buchanan notes, try to justify legal rights by justifying moral rights. But there is no
need for this kind of moral theorizing, he says. Once there is a system of law in
place, this need not be justified “from the ground up”.¹ Instead, systems of law
should be evaluated using a pluralistic, open-minded methodology by appealing to
“some rather uncontroversial values” and showing that the system can achieve
“the desired conclusion by invoking mere duties to protect them”.² Recently, Petra
Gümplová adapted Buchanan’s method to justify state rights to natural resources
within their territories. Permanent sovereignty over natural resources, the right of
states to freely dispose of resources within their territories, can be assessed using
this method by evaluating whether this right protects values internal to the system
of international law.³ Gümplová chooses to assess the principle of permanent
sovereignty over natural resources by asking how well it protects the internal value
of collective self-determination.
In Buchanan’s method and Gümplová’s adaptation of it, the justification of a
system of law proceeds by subjecting that system to a normative evaluation. The
norms employed by this method are supposed to be internal to the system. And
yet, systems of law do not hold isolated norms, unconnected to the way norms are
understood in the rest of the world. Systems of law and the norms that shape them
are constantly negotiated by people and groups who are affected by and author the
¹ Allen Buchanan, The Heart of Human Rights (Oxford: Oxford University Press, 2013), 9.
² Buchanan, 54.
³ Gümplová, “Sovereignty over Natural Resources – A Normative Reinterpretation”, March 2020, 12.
27
law.⁴ Buchanan, for example, draws on the individual right to physical security as
an uncontroversial value that a system of human rights law ought to protect. This
value is appropriate to employ here not only because it is a value already
recognized by the system of human rights law but also because it is just simply
widely recognized to be valuable.
My point is that this conventionalist method of justification depends on first
confirming a cornerstone for normative analysis. For some values, understanding
why and how something is valuable might be straightforward, like the value of
physical security. But for others, like the value of collective self-determination, we
need more analysis to understand how and why this value is weighty enough to
use it to justify systems of international law. For example, Gümplová’s use of
collective self-determination as grounding value faces problems. She argues that
the right of collective self-determination is central for justifying the principle of
sovereignty over natural resources, because of its instrumental role in protecting
other uncontroversial values such as freedom from imperial domination.⁵ But this
argument can be circular if we are not clear on what constitutes self-determination
and freedom from domination. If what it means to be subject to imperial dom-
ination is that outsiders exercise jurisdictional control over your territory’s natural
resources, then, merely by definition, the principle of permanent sovereignty over
natural resources looks like it protects a group from this kind of imperialism. And
this would make Gümplová’s justification empty. Conceptions of self-
determination are widely variable, and some undermine others. Gümplová
acknowledges this, noting that self-determination has “inconsistencies in its
application” and is marked by the “failure to sufficiently address the needs and
aspirations of minorities and other potentially self-determining groups trapped in
both old and newly created states”.⁶ In sum, concepts like collective self-
determination call for clarification before they can be used as a cornerstone for
justifying systems of international law.
I maintain that the moral analysis of key norms and concepts in the system of
law regarding territorial rights is an essential part of justifying any such system.
Careful understanding of the norms at play within systems of law and how these
norms are morally justified (or not) provides an important analytic touchstone.
That said, my aim in this book is modest. Buchanan’s method rightfully draws on
a plurality of values, and I am here only offering one, not a plurality, of theories.
My modest aim is to update what has been an important source of thinking about
values in resource rights, territorial rights, and self-determination that come from
⁴ Carol M. Rose, “Crystals and Mud in Property Law”, Stanford Law Review 40, no. 3 (1988):
577–610, https://doi.org/10.2307/1228813.
⁵ Gümplová, “Sovereignty over Natural Resources—A Normative Reinterpretation”, March 2020, 23.
⁶ Gümplová, 23.
28 , ,
natural law theory. In particular, I want to challenge the perspective in natural law
theory that territorial rights do not overlap each other.
Natural law theory has been a central source of normative reasoning in
international law for centuries. A predecessor of Pufendorf and Locke and widely
thought to be the father of international law, Hugo Grotius played a pivotal role in
establishing key elements of law between states. Importantly, he argued that the
territorial claims of sovereigns must have principles and limits. At the beginning
of the seventeenth century, Grotius argued against the then-common practice of
claiming vast stretches of ocean as exclusive parts of European territories.⁷ His
arguments cemented the international standard that territorial claims are based
on occupancy.⁸
Originally, all of the earth’s resources originally were held in common.⁹ But,
observes Grotius, “as men increased in numbers and their flocks in the same
proportion, they could no longer with convenience enjoy the use of lands in
common”.¹⁰ Because humans continually develop new kinds of technology, like
agriculture, which require more long-term, exclusive control over parcels of land,
some things in the commons will not provide enough to serve all without division
into property.¹¹ Sovereign states are formed from areas where people hold (or can
hold) property, where people occupy the land.¹² Occupancy, in Grotius’ view, is
established by setting boundaries and engaging in construction within those
bounds. Once occupied, the area becomes the exclusive domain of the people
that occupy it. Now, parts of the earth’s surface cannot be occupied. Grotius
believed that acts of occupancy could not be performed on the surface of water,
like in some rivers and oceans.¹³ We can’t effectively construct things on bodies
of water, because the water doesn’t provide a foundation for construction.
⁷ Christopher R. Rossi, “A Particular Kind of Dominium: The Grotian Tendency and the Global
Commons in a Time of High Arctic Change”, Journal of International Law and International Relations
11 (2015): 34; Hugo Grotius, The Free Sea [Mare Liberum], trans. Richard Hakluyt, 1609th ed., Major
Legal and Political Works of Hugo Grotius (Indianapolis, IN: Liberty Fund, 2004), 49–51.
⁸ Christopher R. Rossi, “A Particular Kind of Dominium”, 1; The Legacy of UNCLOS, Lecture series,
Law of the Seas (United Nations), accessed December 18, 2017, http://legal.un.org/avl/ls/de-Marffy-
Mantuano_LS.html#; John E. Noyes, “The Common Heritage of Mankind: Past, Present, and Future”,
Denver Journal of International Law & Policy 40, no. 1–3 (2011): 447–71.
⁹ Mónica Brito Vieira, “Mare Liberum vs. Mare Clausum: Grotius, Freitas, and Selden’s Debate on
Dominion over the Seas”, Journal of the History of Ideas 64, no. 3 (2003): 364; Stephen Buckle, Natural
Law and the Theory of Property: Grotius to Hume (Oxford: Clarendon Press, 2002), 8–11.
¹⁰ Grotius, The Rights of War and Peace, 2005th, ed. Richard Tuck ed. (Indianapolis, IN: Liberty
Fund, 2005), 2, Ch 2, Sec 2, http://oll.libertyfund.org/titles/grotius-the-rights-of-war-and-peace-2005-
ed-3-vols.
¹¹ Grotius, Mare Liberum, 23.
¹² Tuck, Natural Rights Theories, 61; Grotius, Mare Liberum, 23.
¹³ Tuck, 60. Grotius admits that a territory, but not a property, can include the length of a riverbed,
even though a river cannot be built on. Similarly, bays and straights fall within a territory if the body of
water is sufficiently bounded by land claimed as part of the territory. Grotius, 2, Ch 2, sec 3–4;
Ch 3, 4–5.
29
One can own a boat, but not the water beneath it, because a boat provides the
stable materials for occupancy, while the water beneath it constantly changes.
Thus, Grotius established a grounding idea for state territorial rights that is still
used today: occupancy can be used to establish exclusive territorial rights. The
problem is that the interpretation of “occupancy” and how it normatively grounds
territorial rights is susceptible to conceptual shifts. What it means to “occupy” a
place has been adapted to contemporary circumstances. Since World War II, the
world has witnessed a series of creeping territorial expansions into the oceans.¹⁴
The 1945 Truman Proclamations expanded US territorial domain over the subsoil
and seabed of the US’s continental shelf. Similar proclamations expanded terri-
torial claims to columns of ocean water within wider coastal zones in order to
regulate fishing.¹⁵ They argue that the continental shelf is occupied because the
utilization and conservation of the continental shelf region are necessarily con-
tingent on the shore.¹⁶ Russia has appealed to this reasoning to argue that their
territorial claims extend along the ocean floor up to the North Pole. The concept
of occupancy has become malleable, open to shifting amendments and assertions
made by states according to their desires. Different interpretations of “occupancy”
can lead to confusion and conflicting border negotiations. For example, a legal
interpretation holds that all persons who are subject to the state’s rule of law by
living within the state’s territory are occupying the territory for that state. And a
cultural interpretation says that persons living in an area that belong to one
culture are occupying that location on behalf of the political unit that represents
that culture. These conflicting interpretations have led to border disputes and
institutional failures, like the border enclaves on either side of the India-
Bangladesh border. Pockets of land occupied by Indians or Bangladeshis were
embedded entirely in the foreign territory of its neighbour, and this complicated
the “state’s administrative control over the enclave and its residents, who in turn,
were essentially ungoverned and disconnected from their respective home states
for almost seventy years”.¹⁷
The task of this book is to re-examine natural law theory to provide an updated
moral framework for the territorial rights of groups with rights of collective self-
determination. My arguments work “from the ground up” to establish a theory
that justifies (1) the conditions under which groups of people can claim territorial
rights by using territorial space and resources, and (2) the limits of territorial
¹⁴ Alison Reppy, “The Grotian Doctrine of the Freedom of the Seas Reappraised”, Fordham Law
Review 19, no. 3 (1950): 245; Rossi, “A Particular Kind of Dominium”, 43–5.
¹⁵ S.N. Nandan, “The Exclusive Economic Zone: A Historical Perspective” (Food and Agriculture
Organization of the UN, 1987), http://www.fao.org/docrep/s5280T/s5280t0p.htm.
¹⁶ Rossi, “A Particular Kind of Dominium”, 45.
¹⁷ Nitika Nayar, “India and Bangladesh: Exchanging Border Enclaves & (Re-) Connecting with New
Citizens”, Brookings (blog), 12 May 2020, https://www.brookings.edu/blog/up-front/2020/05/
12/sambandh-blog-india-and-bangladesh-exchanging-border-enclaves-re-connecting-with-new-citizens/.
30 , ,
rights, as emergent from the fact that we live together on this earth, connected and
deeply interdependent, through our occupancy within ecosystems and through
other sociopolitical relations. In Part 1 of this book, I defend a substitute for the
principle of occupancy. I re-interpret natural law as supplying individuals with
foundational titles to use located objects and resources. These foundational titles
locate territorial rights in particular places and also serve as a partial justification
for territorial rights. As outlined in the Introduction, my model for theorizing is
not an isolated group achieving self-determination on a desolate island. Giving
physical, sociopolitical, and environmental interdependence its due, I theorize
from the perspective of overlapping groups—groups that can claim some rights of
self-determination over territory and resources that overlap with other groups,
such as residents sharing a river catchment area that spans state borders. This
perspective requires, I believe, rethinking some of the initial perspectives of
natural law on individuals as independent agents and starting instead with the
perspective that individuals are by nature embedded in groups and places. I start
this discussion on individual, relational autonomy in this chapter and pick it up
again in Chapters 5 and 6.
Natural law theory considers features of human nature and from them develops
natural rights and obligations that bind all people. This is a normative process that
moves from an “is” to an “ought”. It moves from describing what humans are, to
prescribing how they ought to behave. Most natural law theorists endorse a
natural right of self-preservation.¹⁸ This right is a good example of an “is” turned
into an “ought”. “Self-preservation” describes a consistent human characteristic—
that humans strive for self-preservation. And we can construct a set of moral rules
around this fact. It is morally permissible in certain circumstances for a person to
harm others in self-defence, for example. This also serves as a good example of a
problematic feature shared by most theories of universal moral rules: sometimes
rules conflict with each other. In this case, the fact that humans strive for self-
preservation generates two moral rules that, in some circumstances, are mutually
¹⁸ Samuel Freiherr von Pufendorf, Of the Law of Nature and Nations: Eight Books, trans. Basil
Kennett (Oxford: Gale Ecco Print reproduction from British Library, 1710), bks. 2, Ch 3–5; bk 3 ch 3;
John Locke, “The Second Treatise of Government”, in Two Treatises of Government and a Letter
Concerning Toleration, ed. Ian Shapiro (New Haven, CT; London: Yale University Press, 2003), chap. 2,
http://site.ebrary.com/id/10170809; Hugo Grotius, The Rights of War and Peace, trans. A. C. Campbell,
1901st-Online Library of Liberty ed. (New York, NY: M. Walter Dunne, 1901), http://oll.libertyfund.
org/titles/grotius-the-rights-of-war-and-peace-1901-ed; John Salter, “Grotius and Pufendorf on the
Right of Necessity”, History of Political Thought 26, no. 2 (2005): 284–302; Alejandra Mancilla, The
Right of Necessity: Moral Cosmopolitanism and Global Poverty (London, New York: Rowman &
Littlefield, 2016).
31
exclusive. First, that we should not harm others because we cannot threaten their
self-preservation. And second, that it is sometimes permissible to harm others in
order to secure our own self-preservation. We can resolve these dilemmas by
recognizing that some principles are more important than others. These are
fundamental principles in natural law. From these we can derive and interpret
other natural laws.
A fundamental natural principle describes what humans essentially ought to
achieve. Although humans strive to remain alive through self-preservation, I argue
that this is not the ultimate foundation of a natural law theory. Instead, the
fundamental goal is to be sociable, to live in peaceful coexistence with others
under conditions that respect the natural equality of persons. Sociability is a moral
peace.
I adopt the fundamental goal of sociability from the works of Samuel von
Pufendorf. I appeal to parts of Pufendorf ’s philosophy, because Pufendorf
grounds his philosophy in the fact that people live together in groups. A main
criticism of many natural law theories is that they are overly individualistic and
tend to rely on the conception of the individual as independently in charge of her
own reasons and actions. Being a good person, making choices, and acting
according to the rules is entirely up to the individuals; their rewards or punish-
ments under natural law are due to their individual actions. This individualism
ignores crucial aspects of how humans reason and act. Claudia Card reminds us of
this commonsense fact: it is important to reflect on the social circumstances
created by networks of “institutions and histories” that that can affect an individ-
ual’s choices, values, and actions.¹⁹
While I adopt the goal of moral peace from Pufendorf, it is not unique to his
philosophy. Other theorists, such as Grotius, Hobbes, Kant, and Rawls, adopt
versions of this end as an ultimate goal for international politics. In the Law of
Peoples, for example, Rawls’ aim is to get rid of the great evils of human history,
particularly unjust war and oppression.²⁰ Even in Rawls’ domestic theory of
justice, society is designed to be a peaceful cooperative venture, allowing for
mutual flourishing amid disagreement.²¹ The point is not to end here—to end at
peaceful cooperation—we want institutional arrangements to ideally be so much
more. Yet, sociable relations are the foundational, essential principle of institu-
tional design.
¹⁹ Claudia Card, The Unnatural Lottery: Character and Moral Luck (Philadelphia, PA: Temple
University Press, 2010), 20.
²⁰ Peri Roberts, “War and Peace in The Law of Peoples : Rawls, Kant and the Use of Force”, Kantian
Review 23, no. 4 (December 2018): 661–80, https://doi.org/10.1017/S1369415418000444; John Rawls,
The Law of Peoples (Cambridge, MA: Harvard University Press, 1999), 7.
²¹ John Rawls, A Theory of Justice (Cambridge, MA: Belknap Press of Harvard University Press,
1999), 4.
32 , ,
—Je vous en prie, lui dit Antoinette, je vous en supplie... Vous êtes
sûr de moi. Est-ce que vous n'êtes pas sûr de moi?
—Si, je suis sûr de vous...
—Hé bien, ne me pressez pas... Je vous demande, comme une
preuve d'amour, de ne pas me presser.
Elle disait ces mots: une preuve d'amour, d'une voix rapide et
presque honteuse, comme une petite fille qui récite, et n'ose donner
un sens à ses paroles.
Ils se promenaient bien gentiment dans le jardin, après le déjeuner.
Tout le monde était sur la terrasse et les voyait. Alors ils étaient
simplement un monsieur et une dame, assez liés, qui s'en vont en
causant de choses insignifiantes le long d'une allée. Même ils
affectaient de ne pas se regarder. Elle faisait ses tendres
supplications, les yeux droit devant elle, et en jouant d'un air
indifférent avec une petite branche coupée. Lui regardait à droite et
à gauche, distrait et presque impoli, semblait-il, pour un invité,
cependant qu'il implorait avec passion:
—C'est moi qui vous supplie de m'écouter, et de vous rendre compte
du tourment que j'endure. Je vous sais entourée de gens qui en
veulent à mon bonheur. Anne Lorgis vous a encore parlé ce matin?
—... Ce matin? Oui, elle est venue dans ma chambre...
—J'en étais sûr! Ah! ils sont tous mes ennemis... Anne, Lorgis,
Henri...
—Henri, dit-elle avec une moue, ce n'est pas lui qui me préoccupe...
Ce qui était, en somme, excellent, c'est que leurs appréhensions
n'étaient pas les mêmes. Chacun d'eux avait donc des arguments
pour combattre les scrupules de l'autre. Ainsi, le souvenir d'Henri
obsédait presque constamment Julien. Il avait encore à l'esprit les
paroles de Lorgis: Henri, c'était celui qu'il trahissait dans la maison.
Le volage et sautillant Hubert ne semblait avoir de droits sur
personne; il avait délégué le souci de son honneur familial à ce
sensible adolescent. Mais Antoinette, en parlant de son beau-fils,
corrigea l'idée romantique que s'en était faite l'imaginatif Julien.
Certes Henri souffrait de voir les assiduités de Julien auprès de la
marquise. Il n'en souffrait, dit-elle, que lorsqu'il en était témoin... Il
avait tout de même un peu le caractère de son père. Il était plus
sensible et plus inquiet. Seulement il changeait sans cesse de sujet
d'inquiétude, comme son père de marotte.
L'autre ennui de Julien, c'était l'attitude de Lorgis.
—Il vous bat froid? demanda Antoinette.
—Pas précisément.
—Il ne sait pas bouder. Il vous parle moins, n'est-ce pas? Il a l'air de
vous fuir?
—C'est bien cela.
—Je connais Lorgis. Il fait son possible pour être froid avec vous. Il
suit les recommandations d'Anne. Vous savez qu'elle le mène
comme un petit garçon?
—Mais qu'est-ce que c'est que cette femme-là? dit-il avec irritation.
—Une femme très gentille, croyez-moi. Je n'ai pas d'amie plus
dévouée, plus sûre. Elle a peur pour moi: elle se dit que je vais
bouleverser ma vie... Et c'est vrai... Ne vous fâchez pas, mon ami!...
... Voilà qu'il se fâche! continua Antoinette, la voix pleine d'angoisse.
Est-ce que j'hésite? Je n'ai pas dit que je ne savais pas si je
bouleverserais ma vie. Je dis que je suis résolue à la bouleverser.
—Mais pourquoi employez-vous ce mot? Vous parlez de cela
comme d'un malheur...
—Ce n'est pas un malheur, mais c'est un bouleversement.
... Vous ne pensez pas, ajouta-t-elle avec gravité, que je vais
continuer à vivre comme je vis, et à mentir et à trahir...
Ils étaient arrivés au bout d'une allée. Ils tournèrent sur la droite,
derrière un massif, de façon à n'être plus en vue des gens de la
terrasse.
—Je serai à vous, dit-elle à Julien, mais pas ici... Vous
m'emmènerez...