Showing papers on "Sovereignty published in 1971"

Transnational Politics: Toward a Theory of Multinational Politics

Abstract: The concept of “international politics” which is central to a large sector of political science, indeed its label, is increasingly being called into question. Those processes which can no longer be clearly assigned either to states or—as suggested by the model of “inter-national politics”—to the area between states are gaining in importance in international affairs. Some examples of these processes are the direct horizontal transactions between societal actors of different nation-states, transactions which bypass the institutions of government but strongly affect their margin of maneuver; the various forms of mutual penetration of formally separate entities; and the growing activities of a number of nonstate actors. Many theories which are connected with the model of international politics, above all that of sovereignty but also subordinate constructs such as the doctrine of separation of powers, should likewise be called into question.

The conflict of laws

Abstract: Introduction to the Conflict of Laws Personal Connecting Factors The Exclusion of Foreign Law Jurisdiction: Principles and The European Rules Jurisdiction: the Traditional English Rules Sovereign and Diplomatic Immunity Recognition and Enforcement of Foreign Judgments Foreign Arbitral Awards Marriage Matrimonial Causes The Care of Children and Child Abduction Legitimacy, legitimation and adoption Contracts Torts Property Matrimonial Property Succession and the Administration of Estates Trusts The Conduct of International Litigation Some Technical Problems Theories and Methods

The Functional Approach in Historical Perspective

Abstract: 'A T no period in history has human capacity for political creation been subjected to such contin ous unremitting strain.' The new inventions and discoveries ' have rendered traditional ideas of "what politics is about" almost as obsolete as astrology and alchemy. In this unique historical context, if we are to win through, a supreme effort of political creativity is needed'.The whole of human society now is stirred and shaken by a threefold revolution-a political upheaval, a social surge and a scientific eruption which is moving beyond man's foresight and control. If these new forces are not to overwhelm the world, the world must learn how to bring them under common control. And for that, all the old political devices, from the Roman forum to the Russian soviet, from city-states to federations, would prove useless. The situation is unique, unlike any other period or experience in history, in that the impact and repercussions of these revolutionary forces are felt across the whole universe. No country and no region can insulate itself against their effect. ' With satellites and space travel we have in truth reached the " no man's land " of sovereignty.' 2 These problems are global, and so must be the answers. While generally the sphere of politics had solidified over the years, its international sector was left to stagger along through the centuries without any common sense or common authority. We can do so no longer-that is our historical problem. Yet the very need to make good the deficiency means that past ways and means are of little help. Any assessment of the task has to begin with a simple but absolute proposition: that the whole of the traditional view of politics, as based upon and working through power, is dead. The ultimate test of power is force and its use: when that has come to mean nuclear force, uncontrollable in its

The Right to Rule

Abstract: Beginning with the Spanish jurists of the sixteenth century, European commentators on imperialism, if not the conquerors themselves, have been much concerned with the morality of their actions. In the background, the Judeo-Christian religious tradition and the Roman legal tradition were both important in making states wish to see their actions as moral and licit. Legality or claims to legality were also important, if a European state wished to have its overseas claims recognized and respected by other states. But the wish to appear moral was more than this. International law, after all, recognized the “right of conquest” as an adequate claim to sovereignty over territory. At bottom, states needed to assert their imperial rule as a matter of right simply because the men who ran them needed to feel that they were acting morally.

The Multinational Enterprise: Power versus Sovereignty

Abstract: THE extraordinary spread of U.S. enterprises into foreign countries in the last two decades has produced its inevitable aftermath. Though the multinational enterprise as an eco nomic institution seems capable of adding to the world's aggre gate productivity and economic growth, it has generated tensions in foreign countries. As a rule, the tensions are a manifestation of powerful psychic and social needs on the part of ?lite groups in host countries, including the desire for control and status and the desire to avoid a sense of dependence on outsiders. There are several unresolved conflicts. Sovereign states have legitimate goals toward which they try to direct the resources under their command. Any unit of a multinational enterprise, when operating in the territory of a sovereign state, responds not only to those goals but also to a flow of commands from outside, including the commands of the parent and the commands of other sovereigns. As long as the potential clash of interests re mains unsolved, the constructive economic role of the enterprise will be accompanied by destructive political tensions. II

International Patent-Legislation and Developing Countries

Abstract: THE INTERNATIONAL PATENT-LEGISLATION AND DEVELOPING COUNTRIES A major concern today in many fields of international cooperation is the development of the nonindustrialized part of the world. This was not always so. Until fairly recently contacts among States were basi cally limited to diplomatic intercourse. The concept of State sovereign ty naturally led to the application of the principle of legal reciprocity between States. In the few areas outside diplomatic relations where international cooperation developed during the last century the same principle of legal reciprocity was applied. The cooperation that did take place was mostly among a limited number of Western States. In case countries outside this group wished to participate they were free to do so on accepting the traditional standards for such cooperation. Though a few countries, which today would have been or are known as develop ing countries, did join in various schemes of international cooperation, the majority of them remained outside. Moreover, a large number of States, which today are known as developing, did not exist as sovereign States at the time. One of the areas in which a system of international cooperation was set up in the latter part of the nineteenth century was that of patent protection.

Selden Redivivus—Towards a Partition of the Seas?

Abstract: 1. The sea-bed and ocean floor, and the subsoil thereof, beyond the limits of national jurisdiction (hereinafter referred to as the area), as well as the resources of the area, are the common heritage of mankind. 2. The area shall not be subject to appropriation by any means by States or persons, natural or juridical, and no State shall claim or exercise sovereignty or sovereign rights over any part thereof.

Legislative Authority in the Soviet Political System

Abstract: It is a settled principle of Soviet constitutional law that the USSR Supreme Soviet is the supreme representative organ, the supreme legislative body, and the supreme executor of the people's sovereignty. The 1936 Constitution subordinates all other organs of government to the Supreme Soviet, and it alone, on the national level, has the right to form governments, pass laws, and amend the Constitution. The Constitution also stipulates, however, that the Communist Party of the Soviet Union is "the vanguard of the workers in their struggle for the construction of a communist society and- constitutes the guiding core of all workers' organizations, public as well as governmental."' There is no doubt that the latter principle has been the operative one in Soviet politics since the Revolution. The party leadership has so effectively controlled the activities of all other political institutions that no serious challenge to its authority has ever been made, at least since the Workers' Opposition was crushed in the early 1920s. But recognition of this fact is only a starting point in analyzing Soviet politics, for the party leadership has never attempted to rule through the party apparatus alone. It has developed instead a wide range of subordinate institutions, through which, in varying degrees at different times, it has exercised its authority. In the legislative area, which is the focus of this essay, the USSR Supreme Soviet and its Presidium have been the primary vehicles for party rule. The functions of these bodies, and the relations between them, are formally regulated by the USSR Constitution, but throughout most of Soviet history party leaders have shown little concern for the specific provisions in the Constitution. During the past decade, however, the roles of the Supreme Soviet and the Presidium in the gathering of information, the formulation of legislative proposals, and their enactment into law have become subjects of widespread debate among Soviet officials and academicians. The terms of the debate are particularly significant in that they focus to an unprecedented extent on provisions of the Soviet Constitution as independent sources of authority in resolving questions of political structure and process. This essay will examine the nature and the sources of the conflict between the Supreme Soviet

Foreign-Linked Factionalism as a Historical Pattern

Abstract: One of the major problems of international relations theory is differentiation between what is unique in the contemporary international system, and what is inherent to any system of relationships among sovereign political units. Theorists have recognized the need to isolate the "implicit logic" of interstate politics not only because it is essential to basic theory, but also because only in this way could the true importance of such variables as historical change and particular systemic configurations be assessed (Aron, 1966; Hoffman, 1960; Rosecrance, 1962). By implication this leads to a comparative study of international politics which would include premodern and non-Western systems, though these areas have as yet been little researched.2 In the absence of broadly-conceived research into the international relations of other periods and areas, there is constant risk of generalizing basic theory from the contemporary system, despite frequent emphasis on the very nonrepresentativeness of twentieth-century world politics. Only empirical research into the actual presence or lack of historical continuity in patterns of international interaction can firmly estab-

The Economics of Territorial Sovereignty

Abstract: My task in this lecture is to examine in what ways territorial inequalities may have economic consequences which are a danger to world peace. Some states control large territories; others control small territories. It is notorious that disputes concerning the justice of this division are a continual menace to peace. It is my business to investigate, from the economic point of view, some of the complaints underlying these disputes and the conditions under which these complaints are valid.

The Principle of Nonintervention, the United Nations, and the International System

Abstract: In the last decade a number of scholars concerned with patterns of change in the international system have turned to international law for indications of systemic trends. They have assumed that key rules and principles of international law reflect broad characteristics of the system while controversies over and changes in their content and status reflect the rate, extent, and direction of change in the system. For example, Stanley Hoffmann in an early contribution illustrated the transition from the stable international system of the nineteenth century to the revolutionary system of today by reference to changes in the principle of sovereignty. Morton A. Kaplan and Nicholas deB. Katzenbach discussed the same transition—in their terms from a balance of power to a loose bipolar system—by reference to the principle of nonintervention. Somewhat later Wolfgang Friedmann treated the principles of sovereignty and nonintervention together in light of systemic trends over the last century, while Richard A. Falk associated the substantive law relating to civil war with the changing position of the principle of nonintervention. More systematically, an article by William D. Coplin ranged over several critical areas of international law in describing the evolution of the traditional international system to its present form. Finally, in recent but cursory essays, Andrew M. Scott and Oran R. Young have broadened the context in which the principle of nonintervention is related to systemic trends.

The Judicial Agreements in Yorubaland 1904–1908

Abstract: The role of law in British expansion in Africa has received insufficient attention from historians, yet there is nothing new in the use of law as an instrument of imperial or colonial expansion. Law occupied an important position in the organization of the Roman Empire. The Norman kings strengthened their hold on medieval England by centralizing the administration of justice through the establishment of royal courts whose varied jurisdictions eventually became predominant throughout the whole country.This paper discusses the circumstances in which English law was introduced into Yorubaland early in this century largely through a series of judicial agreements signed with a number of indigenous rulers. The primary consideration behind the making of the agreements was the protection of British commercial interests, but the importance of the agreements really transcends this objective. They provided a firm basis for the establishment of British colonial rule in this part of Nigeria—by making provisions for the punishment of criminal offences, by introducing a machinery of justice which struck at the sovereignty of the Yoruba states, and by ensuring the supremacy of English law over the indigenous laws and customs. The agreements also marked the beginning of the introduction into Yorubaland of new legal ideas and principles, which were a potent factor of social change.

Turmoil and transition in international broadcasting organizations: 1938–1950

Abstract: Although there are numerous international organizations of a technical nature in the field of communications that have managed to remain remarkably apolitical for many years (the International Telecommunications Union and the Universal Postal Union both had their genesis more than a century ago), it is obviously unrealistic to expect a regional association of sovereign nations organized for a specific technical purpose not to reflect the strains and pressures of the larger international political arena. European broadcasting is no exception, and few today are aware of the sometimes violent changes in broadcasting associations that followed the rise and fall of Hitler and the developments of the “cold war” between eastern and western Europe. In the following article, the metamorphosis of the continent‐wide International Broadcasting Union into the Soviet‐bloc International Radio and Television Organization and the west‐Europe European Broadcasting Union is explored in detail. Dr. Charles E. Sherman is Asso...

The Heavenly Counsellor in Isaiah xl 13–14: The origin of the divine council

Abstract: This image of the divine council is not simply a poetic image invented by Deutero-Isaiah as a means of expressing his message more forcibly. The concept of an assembly or council of divine beings in heaven presided over by a king or chief god was a regular feature of the religions of the ancient Near East from very early times. In polytheistic religions something of the kind was almost inevitable: it was necessary that the mutual relationships of the various gods, their functions and their relative importance should be defined. This could only be done on the assumption that the divine society was organised along lines similar to the organisation of human society. The existence of such an assembly in human society in the ancient Near East from very early times has recently been demonstrated. The earliest type of city government in Sumer took the form of an assembly ( unkin ) of all the free, adult citizens, in whose hands resided ultimate sovereignty. Rulers and magistrates were appointed by it, derived their authority from it, and could be deposed by it. Although the demands of efficiency and in particular the urge for foreign conquest very quickly led to the supersession of this form of government by the autocracy of one man who held permanent office as king, some features of democratic government, especially in judicial matters, persisted in the cities of Mesopotamia right through the period of the great Semitic empires, and were even reinforced in the early second millennium with the arrival of new elements of Semitic population whose form of local government was of a similar character.

The Political Offense

Abstract: As seen in the preceding chapters, a state has a right under international law to accord asylum on its territory by virtue of the sovereignty and exclusive jurisdiction which it has on that territory. An arrangement altering this right and creating, instead, a duty to restore the fugitive to his state of origin is frequently established by means of an extradition treaty, the general objective being the repression of crime. Of course, non-extradition of political offenders is only one of the ways in which a political asylum may arise. In modern extradition treaties, the political offenders are usually excluded from extradition. The consequent asylum is often called the political asylum. The purpose of this chapter is to examine the growth of the notion of political offense, the interpretations given to the term political offense, and the problem of mixed offenses, that is to say, offenses which have both political and common attributes.

The Ukraine: a Sovereign and Independent State? A Juridical Approach

Abstract: Soviet political leaders, diplomats and jurists maintain that the Soviet Republics are independent and sovereign states. On the basis of this claim, Andrei Gromyko, then the Ambassador to the United States, made his initial request at the Dumbarton Oaks Conference (1944) to seat the sixteen Union Republics in the projected world organization. At both Yalta (1945) and San Francisco (1945), Moscow cited the constitutional amendments of February, 1944,1 as proof that the Republics were independent in foreign

International Order and National Sovereignty – They Can Co-Exist

Abstract: In the past, national sovereignty and international order have been treated as if they were two utterly opposite and mutually exclusive concepts. It was as if each were like a fixed quantity of money in the bank. To put more into international order, one would have to subtract it pro rata from the sovereignty account. And to have a true international order worthy of the name, national sovereignty would have to be cashed in almost entirely. Proponents of strengthened world order usually begin by conceding this unpalatable fact, but argue that the gain is more than worth the sacrifice. Aggressive nationalists heartily agree with them as to this reciprocal relation, but they express it by protesting loudly, every time we make a treaty or handle a matter through the United Nations or settle a dispute by adjudication, that we are \"giving away our sovereignty.\

Sovereignty and an Empty Purse: Banks and Politics in the Civil War . By Bray Hammond. Princeton, NJ., Princeton University Press, 1970. Pp. vi + 400. $10.00.

Abstract: the history of all twenty-one of South Carolina's ante-bellum banks. Dr. Lesesne tells of the state's hostility to Biddle's "monster" Bank of the United States, and adds that the Bank of the State assumed its often unpopular function of restraining monetary expansion by redeeming for specie the notes of the state banks. He stresses the imperial dominance of Charleston bankers over money and credit conditions in the colonial interior areas. The common historical stereotypes of "wildcat banking" are generally avoided. The author recognizes that paper money based on mortgage collateral might stimulate expanded trade and production, and that suspension of specie payments during financial crises prevented the gi eater damage of continued monetary and economic contraction. Dr. Lesesne recognizes that the southern ruling class suffered internal conflicts between commerce and agriculture, and praises the Bank of the State for compromising its profit motive in order to shift funds from more profitable commercial loans to less liquid mortgage loans to planters. Economic historians might well question whether such implicit credit subsidies to plantation agriculture contributed to more efficient economic development. They should also question the author's sanguine approval of the Bank's (and state government's) generous support of a remarkable (and unprofitable) iron manufacturing company, a railroad project destined to connect Charleston with Louisville and Cincinnati (bankrupt by the time it reached Columbia!), and similar uneconomic products of the frontier "booster" mentality. Dr. Lesesne might also have admitted that the infrequent bank failures and the "cautious and conservative" monetary policies reflected not only "the high caliber of the membership of the South Carolina legislature during the antebellum period" (183) (which in crusty southern style he contrasts to the "corrupt" Negro-influenced Reconstruction legislatures after the "War Between the States"), but also the weak demands for credit in a relatively stagnant South Carolina economy.

The Concept of Sovereignty as a Form of Property

Abstract: The international order which rules the peoples of the world is based on a model of political territorial organization which emerged at the time of absolute monarchy. This model, which still persists in the very midst of the twentieth century, is that of Louis XIV-autocratic and absolutist-a model based on the national property of the territory, or on influences and imperial dominion over territories. The system of national values generated by the model autocratic, militarist, imperialist, nationalist produces violent resistance to any attempt at unifying the human species. The projection of this situation into the future shows the tragic ridicule of a territorial division of the sea and outer space with all its predatory and right-of-way consequences. The sovereign limits loom in the vision of the future like an unacceptable cage which, if imposed on the human species, would destroy the conditions of life on the planet. The essence of the model of territorial or-

Life and politics as plural: James and Bentley on the twentieth century problem

Abstract: If twentieth century thought has been characterized by a preoccupation with the themes of analysis, fragmentation, specialization, alienation and anomie, American speculation on the disunity of the cosmos has owed a great debt to the metaphysics and psychology of William James and the political theory of Arthur F. Bentley. While James revolted against idealistic holism by describing a "pluralistic universe" and an empirical self constituted by disparate processes, Bentley reacted against a political science of state and sovereignty by developing a doctrine of political pluralism based on the activity of interest groups. The division of the whole into its separate, and often unrelated, constituents was carried out in America in the name of pluralism. Though Europeans might despair about dissolution and estrangement, American pragmatists and behaviorists revelled in their new freedom from the "block universe." The destruction of monism could be interpreted as the final step in the liberation of America from the Old World. With optimism and confidence James used the political analogy of a federal republic to elucidate his pluralistic metaphysics, t Bentley, a self-conscious disciple of James, improved upon his master by dissecting the "federal republic" itself. No pessimist, he praised the Jamesian approach: "No one has made a more brilliant raid into the social field than James in his analysis of the 'selves.' " e Karl Jaspers has remarked that while pragmatism "seemed to be laying new foundations" for existence-philosophy, "what it built thereon was nothing more than an aggregate of crude analysis of life and cheap optimism, was a mere expression of a blind confidence in the extant confusion." 3 Why, when others were attempting to reconstruct unity of purpose, did philosophers like James and Bentley embrace a purposeless diversity? Did they discover something worthwhile in twentieth century life and politics to which Europeans were blinded and which contemporary Americans have lost? James was one of the first writers to adopt a fully pluralistic view of government and politics. In The Varieties of Religious Experience he noted that no major social institution could be defined simply. This was particularly