Papers on



In this page are listed and briefly introduced papers on the theme of Territorialism and Aterritorialism. Some of them present cases of non-territorial governance that are quite relevant for panarchy, theoretically and practically.


[2023] Marina Andeva et alii, eds.
Non-Territorial Autonomy. An Introduction
Palgrave Macmillan

Is the first textbook to focus entirely on Non-Territorial Autonomy .Contains examples and case studies as well as summaries of key concepts. Illustrates theories and practical implications of non-territorial autonomy .This book is open access, which means that you have free and unlimited access



[2018] Andreas Faludi
Territorialism: a first approximation
Elgaronline, November 2018

Like owners of landed property, states treat their territories as theirs. This means a view of the world as divided into territories: territorialism. Whether intergovernmental or supranational – ultimately a United States of Europe – thinking about the EU, and thus about European spatial planning, is predicated upon territorialism. But the Middle Ages knew a different order with overlapping jurisdictions. Neo-medievalism takes inspiration from this. The underlying notion of space is different in that it does not, as under territorialism, assume a mosaic of closed containers seamlessly filling space, much as plots of land fill a jurisdiction. Rather, it allows for spaces to overlap. Since the presumption of spaces being fixed is constitutive of our system of government, much as the EU construct, the implications are serious.



[2016] Andreas Faludi
The Poverty of Territorialism: Revisiting European Spatial Planning
The Planning Review, October 2016

Like Karl Popper in The Poverty of Historicism does with social science methods going by that name, this paper points to territorialism as a misguided way of dealing with contemporary issues.



[2015] Eric B. Schnurer
E-Stonia and the Future of the Cyberstate
Foreign Affairs, January 2015

Virtual Governments Come Online



[2014] Eric Smalis
The Future of Governance is In The Cloud
Foreign Affairs, January 2015

A framework for legal governance in the digital age



[2013] Jason Potts & Trent Mac Donald
The Future of Cities as Non-Territorial Public Goods Clubs

What is the future of cities? We argue there are three-stages in the development logic of cities. First, that over the past millennia or so the raison d’être of cities has changed, shifting from political purposes based on centralisation to commercial trading purposes based on specialisation. Second, because of the first change, city governance becomes increasingly competitive. Coupled with growing mobility of factors and people, this condition gives rise to what economists call ‘Tiebout sorting’ (Tiebout, ‘Pure’) over local public goods. In essence, cities begin to compete for globally mobile factors through offering various bundles of taxes and public goods. Third, the next developmental stage is to remove the territoriality from the public goods, creating non-territorial public goods clubs.



[2012-2013] Paola Viganò, instructor

Harvard University. Graduate School of Design

Abstract: "What we perceive as a territory, or as our territory, is above all a mental construction inside which territories can be created or erased. The design studio investigated the role of design as a knowledge producer, as an active research tool in the understanding and construction of the contemporary territory."



[2011] Janique Dubois,
Beyond Territory : Revisiting the Normative Justification of Self-Government in Theory and Practice
The International Indigenous Policy Journal, Vol. 2

Abstract: "The association of sovereignty with control over territory is being challenged both internally and externally in modern societies. Demands for political autonomy from sub-state minorities undermine the natural link between nation, state and territory from within, while the movement of capital, goods and information across borders contests the relationship between these concepts from without. Scholars of international relations,law, philosophy and political science have already suggested that the sovereignty of nation-states is underattack; however, scant attention has been paid to the way in which changes in the relation between nation,state, and territory affect the normative weight associated with each of these concepts in discussions aboutsovereignty and self-government. The objectives of this article is to examine the way in which nation, state,sovereignty, and territory are addressed in normative justifications of indigenous self-government and to better understand how these notions are being treated in its implementation."



[2010] Carl Watner
The Territorial Assumption: Rationale for Conquest
Journal of Libertarian Studies, Vol. 22

From the conclusion:

"As we know, most people in the world today have been acculturated to take the state for granted, and they, at most, seek to limit the state within the confines of national boundaries. Most people have never thought about the fact that taxation is theft, nor have they ever questioned the legitimacy of state boundaries. Most of our contemporaries simply assume that the state must exist, “and accept grudgingly or willingly, the enormous impact it has on [their] lives.” Nevertheless, there are still those few siren voices that call the nation-state into question and claim that we can live without it. Some of those people are libertarians, and it is they who identify the territorial assumption as a rationale for conquest."



[February 2010] Jurgen Brauer and Robert Haywood
Non-state Sovereign Entrepreneurs and Non-territorial Sovereign Organizations
United Nations University

We propose two new concepts, of non-state sovereign entrepreneurs and the nonterritorial sovereign organizations they form, and relate them to issues pertaining to state sovereignty, governance failures, and violent social conflict over the appropriation
of the powers that accrue to states in modern international law. The concepts deal with the rise of transboundary non-state actors, as they impinge on and aim to supplement or supersede certain powers of state actors. We provide examples to show that non-state sovereign entrepreneurs and their organizations already exist. We are interested in their potential role in conflict transformation.



[February 2010] Joseph Kopsick,
Jurisdictional Aterritorialism: Bastiat vs. Bauer

"One would expect these two thinkers to agree on little, but surprisingly, they developed conceptions of their respective economic systems which were startlingly similar."



[December 2008] Sherrill Stroschein
Making or Breaking Kosovo: The Case for Non-Territorial Autonomy

In this article, I make a case for a dispersed state control model as an alternative to the territorial and hierarchical principles of the Weberian state. Rather than allocating governance powers in terms of territory, dispersed state controls are based on a functional principle, in which governance is allocated to various subunits by issue area or function. This examination is informed by recent debates in international relations theory on contractual and imperial network models of control, as well as work on non-territorial autonomy in the fields of nationalism and ethnic conflict. I examine the practical application of a dispersed control model in the context of the governance structure proposed for Kosovo, which declared independence from Serbia in February 2008. I conclude with an overview of the advantages of creative designs for states that move beyond territory and hierarchy, to deal with complex demographic and governing realities in regions such as the Balkans.



[November 2009] Pál Nyíri
Extraterritoriality, Foreign Concessions: the Past and Future of a Form of Shared Sovereignty

A current look at extraterritoriality as implemented by the Chinese in Asia and in Africa. The author still seems unaware of the larger view of extraterritoriality beyond the state.



[2006] Reiner Eichenberger and Bruno S. Frey
Functional, Overlapping and Competing Jurisdictions (FOCJ): A Complement and Alternative to Today’s Federalism

Introduction: Traditional types of federalism and decentralization exhibit many important advantages over centralization, but they also face some serious problems. In this contribution we develop a new concept of functional federa lism which exploits the advantages of decentralization, but which at the same time a voids the inherent problems.



[2005] Andreas P. Kyriacou
Functional, Overlapping, Competing, Jurisdictions and Ethnic Conflict Management

By allowing ethnic groups to organize areas important to them regardless of their geographic distribution, functional, overlapping and competing jurisdictions (FOCJ) have an important role to play in the management of ethnic conflict in plural societies.
The application of FOCJ to the area of ethnic conflict management calls for institutional structures which take into account possible problems stemming from the existence of economies of scale in the production of some public goods, the need to maintain ‘competitive equality’ among jurisdictions and the danger that the functional devolution which is inherent to FOCJ may harden group boundaries over time.



[1997] Malcom N. Shaw
Peoples, Territorialism and Boundaries

European Journal of International Law, Volume 8, Issue 3, 1 January 1997

Introduction: Territorial change is often a painful process. It impacts not only upon the interna- tional community and the states concerned, both old and new, but also upon the individuals and groups that inhabit the areas involved. This is especially so where an existing independent state is dismantled in whole or in part How such interests may be acceptably accommodated within the framework of international law is a crucial question in an era of rapid and dramatic international political change. The major elements to be considered in situations of change of sovereignty include, apart from human rights generally, the rights of self-determination and of groups, and the law relating to territory.



[1992] Ali Khan
The Extinction of Nation-States
American University International Law Review, Vol. 7, Issue 2

The universal recognition of human rights, meanwhile, transforms both the relationship between states and the relationship between gov- ernments and their people. The international law of human rights as- pires to subordinate the nation-state to the will of the people. Accord- ingly, governments have less legal authority to invoke the concept of sovereignty to justify policies that violate fundamental rights of citi- zens. 3 Moreover, matters that historically belonged to domestic juris- diction may now be lawfully examined in international fora of human


[1957] John H. Herz
Rise and Demise of the Territorial State


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