Showing papers on "Sovereignty published in 1972"

Introduction to international law

Abstract: Part 1 International law in general: nature and origins the material sources of international law the subjects of international law the relation between international law and state law. Part 2 States as subjects of international law: states in general recognition state territorial sovereignty and other lesser territorial rights of states. Part 3 Rights and duties of states: jurisdiction the law of the sea and maritime highways state responsibility succession to rights and obligations the state and the individual the state and economic interests - international economic and monetary law development and the environment - Stockholm Conference of 1972 on the human environment. Part 4 International transactions: the agents of international business diplomatic envoys, consuls and other representatives the law and practice as to treaties. Part 5 Disputes and hostile relations (including war, armed conflicts and neutrality): international disputes war, armed conflicts and other hostile relations neutrality, quasi-neutrality and non-belligerency. Part 6 International institutions.

An Economic Interpretation of the American Revolution

Abstract: HE Atlantic economy in the half century before American Independence underwent deep, wrenching changes. As a result, English capital and English decisions increasingly dominated the colonial economy. The freedom of the wealthy colonists, merchants and planters alike, to conduct business as they chose was restricted. Profit margins were lessened and possibilities for local development sacrificed. These broad, structural changes, and the accompanying short-run economic crises, troubled the colonial elite at least as much as did the parliamentary enactments which followed the Seven Years War. These new British measures remain one ostensible cause of revolt. But the colonial reaction to them was determined in large part by a growing concern for the economy and for economic sovereignty, a concern that only coincidentally reinforced the dictates of patriotic principle. This transformation of the colonial business world is the framework for the following broad and tentative reinterpretation of the American Revolution. Our reinterpretation, however, does not argue a monocausal explanation for the colonies' struggle with Britain. Consequently, an examination of the strengths and weaknesses of earlier writers provides a necessary introduction to the presentation of a new hypothesis.

Consumer Behavior and the Concept of Sovereignty: Explanations of Social Decay

Abstract: This paper deals with the way alternative economic models interpret important aspects of modern capitalism. What is to be explained is the clear tendency of capitalist societies to generate vast quantities of goods and services-both public and private while social life falls into progressive decay. WAork remains bureaucratic, fragmented, and unfulfilling; communities are rendered architectural, social, and ecological monstrosities; the natural environment is destroyed; cultural activity becomes a mere passive consumption item in our daily lives; education remains unequalizing and unliberating; and the list continues. The three alternative "paradigms" I shall discuss are the traditional neoclassical, the widely held Galbraithian, and the more heterodox "radical," with its heavy debt to Karl Marx. The neoclassical view takes social outcomes as the reflection of individual preferences, constrained by available resources and knowledge of technologies, perhaps distorted by ultimately correctible organizational "inefficiencies." For instance, the undesirability of work reflects the nature of technology and the preferences of individuals for yet higher levels of consumption rather than creative work. The fragmentation of communities reflects the individual's preference for private expenditure over increased tax dollars for community development. And so on. The Qalbraithian views social outcomes partly as the result of the direct power of those who control large productive organizations, and partly as the result of consumer choices manipulated by those who control production. In short, while neoclassical theory holds that "citizen, worker, and consumer sovereignty" obtain, Galbraith replaces them with a theory of "producer sovereignty." In contrast, radical theorists hold that social decay is a normal result of the development of capitalism and cannot be reduced to the irrationalities of consumer preferences or the autonomous and socially irresponsible exercise of power by controllers of production. This radical paradigm involves two basic assertions. First, the choice-set of socially feasible options in the areas of work, technology, and public policy does not extend over all technologically feasible alternatives, but is constrained to those compatible with the reproduction of the social relations of capitalist production. In this sense, worker and citizen sovereignty fail to hold, and social outcomes tend to follow the requisites of capitalist accumulation rather than the preferences of individuals. Second, observed consumer behavior in capitalist society is a rational reaction to the structure of available alternatives for social activity open to the individual. No theory of "con* Lecturer and research associate, Graduate School of Education, Harvard University. This paper was made possible bv massive doses of advice from Samuel Bowles, as well as helpful arm twisting by Keith Aufhauser, Andrew Barlow, Steve Marglin, James Medoff, and Ellen Willis.

Hobbies and Hale on law, legislation and the Soverign

Abstract: Many years after launching Leviathan and towards the end of his life Thomas Hobbes composed A Dialogue between a Philosopher and a Student of the Common Laws of England in which he set out his final thoughts on fundamental matters of law, legislation and sovereignty. This work was published for the first time in 1681, two years after the author's death, and though it represents Hobbes's final thoughts on these questions it has received but slight study compared with his other works. Leviathan and other earlier works must, no doubt, take first place in interest for the political scientist. The Dialogue, on the other hand, is a work of a jurisprudential slant and is as deserving of the attention of lawyers as it has been largely neglected by them. To this neglect there is one important exception. Sir Matthew Hale rejoined in argument to Hobbes's thesis. His argument remained unpublished till modern times, and even the enormous modern literature on Hobbes's writings has generally preserved a silence upon Hale's Reflections. One modern author indeed remarks briefly that “Hale's short treatise is the most brilliant contemporary reply to Hobbes's theory of positive law,” but the remark is not developed. The prevalent opinion may be represented by Holdsworth's view, and this supposes that Hale failed to grasp Hobbes's idea of sovereignty and that Hale's criticism therefore missed its mark. It seems timely to re-examine the received opinion (if Holdsworth's may be so called) for more than one reason.

An Overview of the Problem

Abstract: States in the contemporary world have assumed greater international obligations than in the past, not only because areas of mutual concern and contacts among them have significantly increased during recent years but also because there has been an increase in the number of international organizations, both technical and political, which regulate international relations. This expansion of international obligations has been accompanied by efforts toward more effective international control of national affairs. Equally true is the observation that, as long as the basic unit of interplay in the international community remains the “sovereign” state, these units will be able to counter attempts to impose repugnant obligations upon them. Consequently, progress toward a more harmonious and united world, founded on the principles of peace and mutual security maintained by such international organizations as the United Nations, cannot be achieved unless there is a reasonable balance between the goals of individual states and those of international organizations.

Sun Yat-sen and the Japanese: 1914–16

Abstract: The First World War changed the pattern of international relations in East Asia. What had previously been another arena for the European power struggle became the cockpit for two regional forces, Japanese expansionism and incipient Chinese nationalism. The confrontation between the two, which was to last for a quarter of a century, began as a most unequal contest. Great power rivalry had enabled China to balance off her enemies and to maintain her status as a sovereign entity. But with Europe distracted, China was helpless, and Japan had a unique opportunity to pursue an independent expansionist policy. Instead of cooperating with England and the other powers in order to get a fair share of the China spoils, after 1914 Japan could make her bid for the grand prize, exclusive access to China's resources. Thus the European powers’ pre-occupation with mutual slaughter exposed China to extreme danger, greater than that which she had faced during the heyday of classical imperialism.1 But Japan was not alone in welcoming the European retreat. Japan’s opportunity was also Sun Yat-sen's opportunity.

II. Legal Sovereignty in the Brady Controversy

Abstract: A Major source of difficulty in interpreting the political thought of Dr Robert Brady, the high tory historian who imparted a new dimension to the political quarrels of late Stuart England, arises out of a limitation that he imposed upon himself in writing history. He deliberately included very little political reflection in his writings, observing that he would not ‘inlarge further upon the great Use and Advantage Those that read Old Historians may make of these Discourses, but leave that to the Judgment of Understanding Readers’. This limitation may be offset, it is suggested here, by placing Brady securely within the intellectual framework created by the contemporary theories of legal sovereignty mat had originated during the English civil war and were fast becoming tradition by the late years of Charles II. When Brady made his researches public, almost all the elements were present that were required for fashioning a theory of legal sovereignty on the lines made famous in Blackstone. Englishmen were reading Sir Thomas Smith and Sir Edward Coke on the uncontrollable authority that resided in parliament for making, confirming, repealing, and expounding laws; and many of them were by this time accustomed to associating the legislative power, itself a new expression, with sovereignty in the state. They had also learned during the civil war years to recognize law-making as the characteristic function of their high court of parliament. All that remained for the whole to fall

The Indian Directorate: Forced Acculturation in Portuguese America (1757-1799)

Abstract: One of the most important issues that confronted the colonial powers in the New World was the problem of European-Indian relations. Upon this pivotal point hinged such fundamental questions as political sovereignty, the moral responsibilities of Christian states towards aboriginal inhabitants and, on a less elevated level, the economic rights of the Europeans to the wealth and labor of the Indians. All colonial nations in the western hemisphere grappled with the problem introducing, modifying, and ultimately substituting a variety of institutions to regulate European-Indian contacts.

The Democratic Republic of the Sudan

Abstract: CONSTITUTION AND GOVERNMENT. The Sudan was proclaimed a sovereign independent republic on 1 Jan. 1956. On 19 Dec. 1955 the Sudanese parliament passed unanimously a declaration that a fully independent state should be set up forthwith, and that a Council of State of 5 should temporarily assume the duties of Head of State. The Co-domini, the UK and Egypt, gave their assent on 31 Dec. 1955.

Revolution By Fiat: the Context of Policy-Making in Peru

Abstract: T HE MILITARY government which took power in Peru in October 1968 is an anomaly among military governments in Latin America. In contrast to Charles Anderson's well-known description of the military coup, which "does not demolish the previous structure of power relationships," but marks the addition of a "new power contender to the "inner circle" of power elites,"' The Peruvian coup is not a holding operation but a watershed event in Peruvian and Latin American history. The government of Juan Velasco Alvarado is committed to, and is implementing, radical changes in the structure of Peruvian society. The regime rejects terms like "reformist" or "modernizing" ;2 rather it sees itself as carrying out a revolution in the name of the people, a revolution without bloodshed, a revolution which will bring economic independence and social harmony to Peru. In the words of the Manifesto, the "Revolutionary Government" is committed to "transform the social, economic and cultural structures," to maintain a "clear, independent position in defense of the national sovereignty" and to achieve these goals in the context of "authority, respect, and observance of the law, and the rule of justice and morality in all areas of national activity." 3 Those responsible for the coup are a small, self-conscious elite, operating within an institution that has important unique features within Peruvian society. The military has been relatively isolated4 from the rest of Peru's elites; the leadership tends to be drawn from the provincial middle classes5 and to have shared common experiences. Data on cabinet members show that many attended Chorillos Military Academy in about the same period (with dates of graduation ranging from 1939 to 1943), and a number attended or taught at the Center for Advanced Military Studies where the fundamental questions of Peru's economic and social development were raised and where the ideology of the current regime is said to have developed. Further, it has been argued that the military leadership was galvanized into action by its experiences with rural guerrilla movements in 1962 and 1965. Although the effort required to suppress these movements seems to have been quite minimal, there is no question that the military took the existence of a rural peasant threat and its link to urban based leftist movements quite seriously, as is evidenced by their own reporting of the repression: "Although it is quite true that the guerrilla focos... have been disbanded, that does not mean that the revolutionary war in Peru is over.

A changing international law of the sea

Abstract: The legal regime of the sea has been a persistently important theme of the law of nations from the beginning; but it has probably never been more dominant than it is at the present time, touching as it does so many of the most vital interests of nations, such as the supply of food and of energy; politically sensitive questions like defence and immigration; and some of the most pressing aspects of pollution and conservation problems. With this renewed importance of the law of the sea have come also new doubts about its content and meaning, and even about the underlying legal principles. Half a century ago, the law of the sea was relatively simple, certain and stable, at any rate in time of peace. The classical dispute between the closed sea and open sea doctrines seemed at last to have been finally resolved on the basis of a kind of dualism by which the coastal state was to have sovereignty over a belt of territorial waters, subject to the general right of innocent passage, and the high seas outside that maritime belt were to be res communis, not subject to acquisition by title of sovereignty, but subject to an international regime which was spelt out in terms of the so-called “freedoms” to be enjoyed by the flags of all nations, the most important being the freedom of navigation and the freedom of fishing.

Indonesia 1971: Pantjasila Democracy and the Second Parliamentary Elections

Abstract: Indonesia entered 1971 under the firm control of President Suharto. In the broadest terms, General Suharto's power was founded on at least six factors. First, his control of the armed forces, constantly intensified since the events of October 1965. Second, the physical liquidation of PKI, the Indonesian Communist Party, completed during 1968. Third, the acquiescent docility of the civilian bureaucracy. Fourth, the confusion present in many of the political parties. Fifth, the obedient traditionalism of many of the lower classes. And sixth, the government's relative success in the economic sphere. Basic to Suharto's position is his performance, in alliance with civilian technocrats and with the assistance of foreign aid and investment, in extricating Indonesia from its economic morasse. The results of the government's economic policies may appear modest to some outsiders, but they are impressive when compared with the years of Sukarno's domination.' During 1971 and despite a devaluation of the rupiah (in part a response to President Nixon's well-known measures) and a release of rubber from the U.S. stockpiles, the economy continued its upward climb. President Suharto, along with many army leaders and civilian technocrats, may have desired to concentrate all the government's energy in the economy, but they could not do so. Their overthrow of Sukarno had been accompanied by avowals of adherence to Pantj asila, including people's sovereignty, and to the 1945 constitution, including popularly elected state leadership. Furthermore, enough of them were sufficiently pragmatic to realize that without a reasonable degree of political freedom and without parliamentary elec-

Liberalism and the Jewish Question: The Progressive Bloc

Abstract: World War I was fought, at least in part, under the banner of liberating small nations and granting them sovereignty and self-determination. But for the five million Jews within the multinational Russian Empire, the war brought new miseries and the antithesis of liberation, renewed oppression. In 1915 much of the fighting on the Eastern front took place in the Pale of Settlement, uprooting thousands of already impoverished Jews, and forcing propertyless hordes to flee eastward into the Empire. Nevertheless, Jewish Duma deputy N. M. Fridman maintained that although "Jews live and have lived under exceptionally burdensome legal conditions . . . they have always felt that they were citizens of Russia and true sons of the fatherland."' But as Russian military operations continued to result in a chain of defeats, Russian military officials, particularly General Ianushkevich, began to intensify the persecution of these "true sons of the fatherland," who were frequently accused-arbitrarily and often en masse-of betraying the Russian armies. In the Duma, an astonished Social Democratic deputy, N. Chkheidze, queried whether ever before there had been a government so cynical that it took hostages from among its own subjects. "I declare," he continued, "that this has no precedent in history."2 The program of the majority coalition of the Fourth Duma, the Progressive Bloc, drawn up and published in August 1915, included the call for "entry upon the path of abolishing restrictions on the rights of Jews, and in particular, further steps toward abolishing the Pale of Settlement, facilitating admission to educational institutions, and removing obstacles to free choice of profession. Restoration of

Vincentius Hispanus, ‘Pro Ratione Voluntas,’ and Medieval and Early Modern Theories of Sovereignty

Abstract: Some years ago I called attention to these words of the early thirteenth-century decretalist, Vincentius Hispanus, on the powers of the pope and of the prince: ‘… sit voluntas pro ratione.’ What is the meaning? Did Vincentius hold that the supreme authority was arbitrarily absolute, that the voluntas of the monarch must in all circumstances be accepted as reason itself? Must we believe that he advanced a doctrine of unlimited absolutism — of the pope in the Church and of the emperor in the Empire? And that he anticipated a theory of sovereignty as the authority and powers of the ruler subject neither to the law nor to the laws?

Concepts of sovereignty among the Shambaa and their relation to political action

Abstract: This thesis is a study of the political symbols and general political concepts of the Shambaa of north-eastern Tanzania, and of their relation to changing patterns of political action in the Shambaa kingdom as it existed before colonial conquest at the end of the nineteenth century. The thesis is based on research which was carried out between March 1966 and August 1968 in Tanzania, and in 1965-1966 in British and German archives. The work is an attempt to explore the relationship between two bodies of evidence on the political organization of the Shambaa. First, there are the configurations of symbols and sets of general concepts of the Shambaa view of politics. In these, linear non-reversible time is suppressed. History is seen by the Shambaa as an alternation between strong Kings who dominated the chiefs and thereby brought fertility to the entire land, and weak Kings who competed with the chiefs, in which cases there was famine. Secondly, there is the record of political action throughout the history of the kingdom. There were frequent changes not only in the distribution of power between King and chiefs, but also in the potential sources of support for competing leaders, it is shown that the patterns of action which are explained by the Shambaa in terms of the general concepts did indeed change. In Shambaa kingship the divergence between experience and an articulated system of cultural ideology was potentially great because the King was expected to provide leadership when new political or economic forces in the region impinged on the kingdom, and because the King often had the power to act in ways which were unexpected. For these reasons, the most important political concepts were general and ambiguous. They lacked precision in their classification of social groups, and in their specification of accepted behaviour. [Please see pdf. for full abstract.]

University Reform in Latin America: The Case of Colombia

Abstract: ALTHOUGH THERE WERE isolated manifestations of discontent in the universities during the late nineteenth and early twentieth centuries, it is generally accepted that the university reform movement of Latin America had its beginnings with the Cordoba Manifesto of 1918. In this now famous document, Argentine students demanded university sovereignty and the right to choose both faculty and administrators. Their rebellion was against: a) an "anachronistic" university regime that mirrored a "decadent society"; b) instruction corrupted by a narrow dogmatism that cut the university off from science and other modern thought; and c) a tyrannical concept of authority which considered every request an insult and every thought an act of rebellion.' In their attack, the students singled out professors for their "Olympian indifference" and mediocrity, and the Church for its oppression and opposition to science. The movement for university reform was initially successful in Argentina because students there were united, demands were limited to university affairs, and in 1918 petitions were directed to a sympathetic government that was itself democratically oriented and in opposition to the traditional oligarchy. Subsequently, despite setbacks and counter-reforms, the movement achieved free tuition, non-compulsory attendance, periodic review of faculty appointments, and co-government with professors and alumni on faculty governing councils and in the university assembly. In Colombia, by contrast, though students had similar grievances and modeled their protests and proposals on the Argentine example, university reform was negligible.2 Walker attributes this failure to participation by student leaders in diffuse radical political movements, and to the resulting disunity and alienation of potential support. This defective strategy combined with opposition from an unsympathetic government ruled by an intransigent oligarchy, led early to incorporation of demands for university reform with calls for broad social changes, thereby diminishing the likelihood of acquiescence to petitions for changes within the universities. To be sure, in 1935 a moderate university reform law was passed, not due to militant student activism but rather at the initiative of a new reformist liberal party majority. Students were given token representation in university government, but

The Brezhnev Doctrine and Communist Ideology

Abstract: Announcement of the so-called Brezhnev Doctrine by Soviet spokesmen in 1968 has been widely regarded in the West as a development marking a new epoch in the evolution of the world communist system. The Doctrine has been commonly viewed as a Soviet response to the exigencies of Great Power politics in circumstances of continuing loss of revolutionary dynamism or as a reaction to the threat to Soviet hegemony in its inner bloc posed by uncontained polycentrism, or both. Much attention has been devoted to the concept of “limited sovereignty,” with this concept being treated as the heart of the Doctrine and as evidence of a major new departure in the Soviet approach to world politics. This assessment, interestingly enough, is generally favored both by Western analysts and by anti-Soviet spokesmen within the world communist system.

The transnational relations of African trade unions

Abstract: The danger of outside intervention in internal affairs is a theme common to virtually all African nations. Newspapers and other media are full of accounts of intervention, subversion, secret plots, covert subsidies and mysterious "deals" which are being plotted or which have been brought to fruition. This pre-occupation with external interference is common in Third World politics and probably reflects the political and economic vulnerability felt by these nations in the world arena. Intervention comes in many forms, not all of which are viewed as hostile by national governments. As a general rule, the pejorative term "intervention" or subversion is used to describe activities to which one is opposed. If one favors the activities, they are called "support." Military, economic and political intervention may all be seen in this ambivalent manner. The reordering of domestic priorities required by aid donors as qualifications for assistance, the creation of industrial enterprises by overseas corporations, the stationing of foreign technicians on African soil all create a climate of conflict because some basic elements of national sovereignty seem to have been taken over by an external power. One set of African institutions in particular has been subject to external interaction and support the African trade union movement. African trade unions have played an important role in the development of many institutions which exist in modern Africa and have been crucial to the stability of many African political organizations. As such, they have come in for a great deal of scrutiny and assistance from organizations which are also interested in the status and abilities of political institutions. African trade unions tend to be substantially different from the stereotypes of trade unions in other parts of the world. First of all, they

The United Nations system and the Stockholm Conference.

Abstract: The United Nations was slow to realize the developing environmental crisis because the UN system is organized along specialized functional lines and no agency was charged with seeing problems in their wholeness. Also the UN agencies have traditionally devoted themselves to promoting development not to protecting the envrionment. The UN conference on the Human Environment held in Stockholm June 5-16 1972 was an attempt to draw together diverse agencies to focus their capabilities and resources on environmental problems. The agenda drawn up before the conference noted 4 areas in which action at the international level was needed: 1) to assess scientifically the nature of present or future environmental problems 2) to protect the world areas (oceans and air space) that are outside national jurisdiction 3) to provide guidelines for any governments that individually or collectively in regional groups want to take action and 4) to mobilize public support for environmental action especially in developing countries. Funding the concerted UN work will be a problem. Even more difficult is the fact that the principle of national sovereignty limits the possibilities of taking action on an international level to produce effects within national jurisdictions.

The Cherokee Oil and Gas Co., 1889-1902: Indian Sovereignty and Economic Change

Abstract: Professor Miner recounts the complex story of the loss of Cherokee control of mineral development on tribal lands in what later became Oklahoma. These events constitute a chapter in the long history of the loss of Indian sovereignty in the wake of the expansion of the white man's civilization across the continent.

An appraisal of labour relations in sweden

Abstract: Mrs Barbara Castle in her White Paper In Place of Strife, laid emphasis on how ‘the growing independence of modern society means the use of the strike weapon in certain circumstances can inflict disproportionate harm on the rest of society’. The recent strike of the miners, the earlier activities of the electricians, and the activities of the Transport Unions emphasize this point. Some, if not all unions, have power to wreak havoc on the state. Indeed, they indicate their power to threaten the sovereignty of the state. The problem of labour peace is no longer purely an economic one: it is political. In the 19th Century the task of government was to keep clear of intervention in the economic sphere. And this liberal view is apparently still held by some of those in the large trade unions. Nevertheless, one of the indisputable functions of government is to maintain order, and where it fails it is moribund. The problem of the 20th Century is to reconcile the apparently conflicting interests of labour, capital and all the citizens which comprise the state. This is not simply a problem of labour economics but a problem of government, too.