Showing papers on "Sovereignty published in 1975"

The politics of Bucharest: Population development and the new international economic order.

Abstract: At the World Population Conference in Bucharest in August 1974 official government representatives met for the 1st time for the purpose of dealing with the issue of population and its relationship to development along with population policies and action programs. The countries were not able to forget their political differences and consequently a global strategy for coping with demographic problems was not developed. These political differences essentially between the developed and the developing countries formed the basis for the cleavages and alignments at Bucharest and led to a new politicization of the population question. The problems might have been less severe if the wealthy developed nations had fulfilled their promises in increased financial aid to the developing nations. Although this failure and the problem of excessive identification of population programs with the U.S. contributed to the political differences the most significant factor is that during the past 10 years political leaders and intellectuals of developing nations have come to regard the relationship between the Third World and the industrialized world as "feudal." The rich countries are dominant and the poor countries are dependent. In order for there to be cooperation the developing countries feel equality between the parties is essential. To accomplish this it is believed that the wealthy countries must be confronted on a collective basis and the achievement of solidarity among themselves is the 1st goal. Consequently a low priority is given to population as a global issue. They regard population an a national problem and will continue to deal with their problems on a national level. The World Population Plan of Action only achieved universal acceptance because it included explicit safeguards of national sovereignty and did not prescribe any particular population policy to member governments. (AUTHORS MODIFIED)

Leviathan Writ Small: Thomas Hobbes on the Family

Abstract: Though not above an occasional appeal to the “experience of fathers,” Hobbes was not a patriarchalist in his view of the family. Rather, he quite deliberately represented the family as a small Leviathan, and he used it to illustrate the principles of Hobbesian political science. In the family, as in the state, there is a mutual relationship between protection and obedience; sovereignty is undivided, based on necessity, and justified by performance; authority is absolute and derives from consent. In the state of nature, Hobbes views the family in structure and function as a small state. In commonwealth, the family sovereign relinquishes his absolute power over wife, servant, and child, but he is still entitled to obedience and honor for having raised and educated his children. The content of family education consists of the principles of Hobbesian political science, and the children thereby are properly receptive to sovereign power as they leave the family, whether for the university or for independence.Hobbes's conception of the family is derived from the patria potestas of republican Rome, and not from common law. His use of the family is fully integrated with his political theory, and it is designed to reinforce both the theory and practice of Leviathan.

Territorial Sovereignty and the Problem of Transnational Pollution

Abstract: In the case concerning the legality of French atmospheric nuclear testing in the South Pacific presently before the ICJ, an issue has been raised of far-reaching implications for the general law of state responsibility for environmental damage.

The Law of International Institutions

Abstract: Global Institutions: the League of Nations, the United Nations, the specialised agencies and GATT. Regional Institutions: European organisations, the Americas, Middle East, Asia and the Far East, Eastern Europe and Africa. Judicial Institutions: from ad-hoc tribunals to permanent institutions, Regional courts, Administrative tribunals. Common Institutional Problems: International personality, the doctrine of sovereign equality of states.

Generals and Business in Indonesia

Abstract: THE INDONESIAN ARMY does not restrict itself to a narrowly "military" conception of its role. During the war against the returning Dutch after I945 the nationalist army was less concerned to defeat the enemy in battle than to mobilise popular support. In his reflections on guerilla warfare written in the early I950s, General A. H. Nasution expressed the view that "The guerilla cannot just emphasize fighting but must also stress political-psychological and socio-economic aspects.... A military leader will fail if he limits himself or is limited to military matters alone because he will be unable to carry out political, propaganda and economic warfare which are absolutely essential for victory. "' During the years immediately after the transfer of sovereignty in I949 the army stood on the political sidelines, but with the declaration of martial law in 1957 the army's non-military role expanded rapidly. During the Guided Democracy period the army was, with the Communist Party, one of the two main organised political forces and in its doctrine formulated in I965 it described itself as both a "military" and "socio-political" force. As a socio-political force, the army's activities covered the "ideological, political, social, economic, cultural and religious fields."'2 When the army took full power after forcing President Sukarno from office, this concept of the Armed Forces' role was popularised as the Dwi Fungsi (dual function) of the Armed Forces and later, in sanscritized form, as the Dwi Dharma (dual duty). Thus the army makes no attempt to portray itself as having "temporarily" taken power to protect the state in a crisis. As the army leaders declared in 1966, "The army does not have an exclusively military duty but is concerned with all fields of social life."3 The primary purpose of the Dwi Diarma doctrine has been to legitimise the army's activities in

Independent Development of Israeli Law

Abstract: It is not always easy to decide when we must turn to English law. And once it has been determined that reference to English law is appropriate, there is the further question of the substance and application of principles drawn from English law. In such case, English law forms part of the local law, and need not be ascertained as required by the rules of private international law in respect of foreign law.This makes the local law directly dependent upon English case-law, which itself is constantly being renewed and developed. Such dependence may seem to impair the independence of the Israeli legal system. The question could not, of course, be raised during the Mandatory period at a time when there existed a possibility of appeal from the Mandatory Supreme Court to the Privy Council in Westminster. But after the establishment of the State Cheshin J. said: It is unthinkable that a sovereign nation with its own laws and its own legal system would continue to be subject to the authority of a foreign nation's legal system and to changes in rulings which are likely to be introduced in her courts, only because in the past, when there was a strong tie between the two nations, the former drew from the legal system of the latter.

‘Coriolanus’ and the Body Politic

Abstract: The incidents in Coriolanus which reflect the Midlands riots of 1607 and the parliamentary quarrels of 1606 are well known. Less obvious perhaps is the place of these topical echoes of contemporary troubles in the larger orchestration of the play. Topical references on their own do little more than date the play, in both senses of the word. A fresh look at the belly fable and how Shakespeare sets it out at the beginning of the play might help to clarify where the food riots and the jibes at Yelverton and Hyde as tribunes of the people fit in the larger pattern. Both topical events raised questions of power and authority by posing the problem of sectional interests in a commonwealth which was clearly less than organically united. Through his presentation in Coriolanus , I think, Shakespeare was exposing some basic anomalies in the belly fable's cognate concept, the body politic, which shaped traditional thinking about authority in the state. The body politic had a long and respectable history, traceable back to Plato and Aristotle. Its substantive medieval version was the one analysed by Kantorowicz, the legal fiction of the king's two bodies, one the private flesh and one the politic body which never dies. In Tudor times Henry VIII promoted the more metaphysical idea of the whole state as a corporate organism, symbolised in parliament with the king as head and lords and commons as 'members', a concept which became the dominant one in the course of the century. Corporate sovereignty, the supreme authority of rex in parliamento , was written into the chief statutes of the Reformation Parliament.

Foundations of the modern native states of Northern Ghana

Abstract: Before the establishment of British rule, northern Ghana consisted of disparate political entities and ethnic communities. There were the kingdoms of Gonja, Dagomba, Mamprusi, Nanumba and Wala, some of which were on the verge of disintegration as a result of dynastic disputes and the incursions of slave raiders (Fig. 1). For instance, the king of Wa claimed jurisdiction over Dorimon but could not exercise it. As the chief of Dorimon insisted that he had never acknowledged the sovereignty of Wa but recently obtained his independence from Bouna, Northcott considered it advisable to recognise him as independent and concluded a treaty with him1.

Libyan Arab Republic

Abstract: HISTORY. Tripoli fell under Turkish domination in the 16th century, and though in 1711 the Arab population secured some measure of independence, the country was in 1835 proclaimed a Turkish vilayet. In Sept. 1911 Italy occupied Tripoli and on 19 Oct. 1912, by the Treaty of Ouchy, Turkey recognized the sovereignty of Italy in Tripoli.

Standing Armies and Armed Citizens: An Historical Analysis of the Second Amendment

Abstract: There has been very little case law construing the Second Amendment, perhaps because there has been very little federal legislation on the subject of firearms. This may change, and it may become necessary for the Supreme Court to rule upon constitutional challenges to federal statutes based on the Second Amendment. Even before this occurs, it would be helpful to dispel the uncertainties that exist in Congress about the extent of federal legislative power. In order to determine accurately the intended meaning of the Second Amendment, it is necessary to delve into history. It is necessary to consider the very nature of a constitutional guarantee -- whether it is an inherent, fundamental right, derived from abstract human nature and natural law or, alternatively, a restriction on governmental power imposed after experience with abuse of power. Historically, the right to keep and bear arms has been closely intertwined with questions of political sovereignty, the right of revolution, civil and military power, military organization, crime and personal security. The Second Amendment was written neither by accident nor without purpose; it was the product of centuries of Anglo-American legal and political experience. This development will be examined in order to determine whether the "collectivist" or "individualist" construction of the Second Amendment is correct.

Some Reflections on “Functional Sovereignty”*

Abstract: The concept of the sovereign State is still at the core of most rules of international law. It is true that both the individual human being and the international organisation have increasingly found recognition in rules of international law as (acting) “entities” which are more than mere “creatures” of the sovereign State or States. Nevertheless, progress in both directions is slow and does not, as yet, really undermine the international system of co-existing sovereign States.

Malaysia and Singapore in 1974

Abstract: IN MALAYSIA, 1974 was marked by the Prime Minister's visit to China, by the overwhelming election victory of the newly-formed "National Front," and, latterly, by concern with the falling price of rubber and by student unrest. Tun Razak's China visit in May was the culmination of the policy of detente towards China which had been evident for the previous few years. The communique issued after the meeting provided for mutual recognition and the establishment of diplomatic relations. Malaysia recognized the Government of the People's Republic of China as the sole legal government of China, and Taiwan as an inalienable part of the territory. Malaysia was thus the first ASEAN member to enter into diplomatic relations with China. Some of Tun Razak's objectives were external, notably to obtain the Chinese government's support for a zone of peace and neutrality in Southeast Asia, of which Malaysia had been the leading advocate in ASEAN. He was successful in this, although the experience of the last three years had shown that it was impracticable to expect any actual guarantees from the U.S.A., U.S.S.R. and China on the issue. Other objectives were internal. It was agreed that dual nationality should not apply, and that Chinese in Malaysia who retained Chinese nationality should abide by the law of the Government of Malaysia. The implications of the visit were also important for the vast majority of Chinese in Malaysia who were Malaysian citizens. As the secretary-general of the Malaysian Chinese Association stated later, the decision of the two countries to recognize each other made it clear that, as a whole, the Chinese in Malaysia had proved their loyalty to the country without having repudiated their heritage. A source of painful cross-pressures on the Chinese was therefore alleviated. At the same time, the Home Affairs Minister, Tan Sri Ghazali Shafie, warned Malaysian Chinese against demonstrations of joy which might be misinterpreted by Malays and so endanger nation building. Another "internal" feature was agreement on mutual respect for internal sovereignty and non-interference in each other's internal affairs. It was Malaysia's hope that this provision, which was supplemented by as-

Parliamentary Scrutiny of European Legislation

Abstract: MEMBERSHIP OF THE EUROPEAN COMMUNITY INVOLVES A TRANSFER OF some powers of law-making, on a range of economic and social matters, from national authorities to the Council of Ministers and the Commission. In constitutional terms this implies a limitation of sovereignty on the part of the individual member states; but to what extent does it represent a loss of political sovereignty? There are several considerations, starting with the abstractness and relativity of the concept of sovereignty itself in relation to the interdependence of groups of states in the post-war world. Membership of any international organization implies some degree of formal constraint which is accepted as a means of achieving a desired goal. Admittedly the European Community has established a unique juridical plane, but governments of the member states assess membership as a means of enhancing their national economic and political capabilities.

British Membership of the European Communities: the Question of Parliamentary Sovereignty

Abstract: AT THE TIME OF WRITING (APRIL I975), THE REFERENDUM ON WHETHER or not Britain should stay in the European Communities is imminent. Originally is seemed as if the Referendum was going to be mainly about whether the terms of membership, renegotiated by the British government in fulfilment of its election pledge, were acceptable or not. However, more and more the actual terms, agreed after prolonged discussions and considerable heart-searching on all sides, seem to be fadin into the background and the central issue is revolving around the question of sovereignty and whether or not British membership of the Communities involves Britain in an unacceptable loss of it.

The Sovereignty of the Law: Selections from Blackstone's Commentaries on the Laws of England ed. by Gareth Jones (review)

Abstract: Olsen is concerned to place this vast, influential, cosmic, and eschatological vision in the context of all Foxe's church theology. Foxe, however, does not emerge as an original thinker. His agreements and disagreements with his contemporaries are explored in detail; his authorities carefully marshalled; his Protestant orthodoxy in terms of the marks of the church (preaching 'proper' doctrine, 'right' celebration of sacraments, and 'true' discipline); his deep commitment to 'free. justification,' 'that most glorious light,' and 'foundation of all Religion'; his orthodox rejection of transubstantiation; his view of the dignity of the ministry; his standard Anglican fear of the evil of asserting ecclesiastical supremacy in affairs of state; all this receives ample and workmanlike discussion. And yet, in a way, the man eludes us. Gentle, moderate, always preferring tranquility to faction, of serene and even temperament, it seems incongruous that he would find so fierce a dualism at play in human history. Foxe's church is the centre-piece of a love-hate drama in a way that St Augustine's 'City of God' never was. While elements of Augustinian eschatology remain in Foxe's and in other Magisterial Reformers' thinking, the fact is that the ontological framework of Augustine's thought had long since passed into limbo, so that any reaffirmed conviction of sinfulness was bound to take on an aggressive, positive, nearManichaean and non-Augustinian cast. Given this harshness, Foxe's personal moderation, his attractively advanced views on toleration, born of genuine human sympathy, his balance and equability remain something of a paradox. Foxe in this respect ypifies the continuing mystery and elusiveness of a certain kind of Elizabethan Anglican if not the spiritual will-o'-the-wisp of the via media itself.

The influence of multinational corporations on Lesotho's politics and economics

Abstract: The independent former British colony, Lesotho, is part of the Southern African region. Lesotho is surrounded by the Republic of South Africa. It is economically integrated with the rest of the region but has had political sovereignty since 1966.

The Concept of “Territorial Sea” in the Talmud *

Abstract: One of the central, and most controversial, issues of historic international law concerns the distinction between the territorial sea, over which the sovereignty of the coastal State extends (and by implication also its legal system), and the high seas which are subject to the doctrine of the freedom of the seas. Involved in that controversy is first and foremost the very idea of a division of the waters of the sea into two distinct juridical institutes. In the present century alone this question has been unsuccessfully tackled by a whole series of major international conferences on the law of the sea, held in 1930 under the auspices of the League of Nations, and in 1958, 1960 and 1973–75 under the auspices of the United Nations—this latter conference being still in progress at the time of writing.

Jurisdiction over Outer Space

Abstract: The provisions of the Space Treaty which relate directly to jurisdiction in outer space are Articles ii and viii. Under Article ii, outer space cannot be nationally appropriated either by claim of sovereignty, by means of use or occupation, or by any other means. By this provision, the Space Treaty has abrogated the traditional means of acquiring territories. Under traditional international law a State may acquire territorial titles by means of occupation, sovereignty, annexation, accretion, prescription and cession. It will be necessary to explain some of the various modes of acquiring territories in order to know the extent to which space law had replaced general international law.