Sarah Köglsperger

Functionalists hold that the territorial rights of states are grounded solely in their successful performance of their morally mandated functions. In this paper, I defend a distinctive functionalist view of the right of territorial jurisdiction. I develop this view over the course of considering a variety of objections to functionalism that arise from reflection on cases of non- violent and otherwise rights-respecting annexation. Functionalism’s critics argue that it is committed to counterintuitive implications in these cases, as it is unable to explain why the usurper states do not gain rights over the territory they take over. Against these critics, I argue that functionalism can in fact deliver intuitively plausible verdicts regarding: (a) the territorial rights of unsuccessful states; (b) the morality of military occupation; and (c) the appropriate response to past territorial injustices.