 A third problem, which is closely related to the two difficulties above, is that most theorists who adopt this line of argument tend to distinguish full justice from legitimacy, and so confer territorial rights on less-than-ideally just states. This means that while the theory seems to set the bar quite high in terms of the justification of the state, it is low when it is applied to actual states, especially when we examine the historical trajectory that enabled the state to gain rights over that geographical space. Many states have originated in deeply unjust practices: they gained territory through conquest, trickery and other forms of brutality. This sits uneasily with the overall emphasis on justice in the theory. It also introduces a problematic, because very status quo-oriented realpolitik element into the theory, and so tends to justify existing territorial orders, including ones that gained their territory through conquest and deceit. This may be a problem in Lea Ypi’s justice based account (Ypi 2014), which contends that states are only “provisionally” as opposed to “conclusively” justified until we have an international agreement on existing territory. But since having a universal agreement on territory is very unlikely in the medium to long-term future, this amounts to accepting (albeit with the adjective ‘provisionally’) whatever territorial entities there currently are, and treating these as ‘provisionally’ rightful.