 Because Kantian theory has no internal mechanism to address the particularity problem, it accords rights over territory retrospectively, after some group or agent has succeeded in gaining political power. This seems unacceptable for a theory that, in other ways, is guided by the importance of justice and the rule of law, and deeply sub-optimal for a theory of territory, which ought to be able to adduce normative principles to adjudicate cases where more than one political community has claims to the same territory.