 Third, whether self-determination could be realized or not depends on whether the occupancy group (in Moore’s theory) or the aggregate individuals who have occupancy rights (in Stilz’s theory) have the capacity to be the right kind of agent to exercise jurisdiction. However, the capacity condition is normatively problematic. If we define capacity broadly, it suggests that any state that is conquered or failed lacks capacity and is therefore not an appropriate agent for territorial rights. This is counter-intuitive, because many groups lack capacity because they have been denied it through previous injustice. Thus it seems that this condition is too sensitive to power configurations for a normative theory of territorial rights. Moore attempts to avoid this problem by emphasizing that there are third-party duties to refrain from interference and to assist groups that suffer from burdened conditions. However, this strategy could be criticized as being ad hoc, in the sense that it is not based on a principled definition of what counts as ‘capacity’.