Showing papers on "Sovereignty published in 1979"

The creation of states in international law

Abstract: I THE CONCEPT OF STATEHOOD IN INTERNATIONAL LAW 1. Statehood and Recognition 2. The Criteria for Statehood: Statehood as Effectiveness 3. International Law Conditions for the Creation of States 4. Issues of Statehood Before United Nations Organs 5. The Criteria for Statehood Applied: Some Special Cases II MODES OF THE CREATION OF STATES IN INTERNATIONAL LAW 6. Original Acquisition and Problems of Statehood 7. Dependent States and Other Dependent Entities 8. Devolution 9. Secession 10. Divided States and Reunification 11. Unions and Federations of States III THE CREATION OF STATES IN INTERNATIONAL ORGANIZATIONS 12. International Dispositive Powers 13. Mandates and Trust Territories 14. Non-Self-Governing Territories: the Law and Practice of Decolonialization IV PROBLEMS OF COMMENCEMENT, CONTINUITY, AND EXTINCTION 15. The Commencement of States 16. Problems of Identity, Continuity and Reversion 17. The Extinction of States CONCLUSION APPENDICES APPENDIX 1 List of States and Territorial Entities Proximate to States APPENDIX 2 League Mandates and United Nations Trusteeships APPENDIX 3 The United Nations and Non-Self-Governing Territories 1946-2005 APPENDIX 4 Consideration by the International Law Commission of the Topic of Statehood (1996)

Restructuring Transnational Mineral Agreements

Abstract: Within our own generation no less than 70 countries have attained political independence and joined the international community of nation states. Third World countries now command a preponderant majority in the United Nations and other world bodies, yet it is trite knowledge that the attainment of political independence and the proliferation of nation states in the Third World have had little impact on the world economic power structure. Access to the corridors of the United Nations and other international bodies has not necessarily assured effective participation in the shaping and restructuring of the world economic system. After the first flush of exhilaration over political independence, developing countries have now grasped the sobering fact that sovereignty is not synonymous with economic self-sufficiency or development and that the rich industrialized countries still substantially control the production and distribution of the world’s resources. An analysis of European direct investment in Africa shows that by the end of 1967 the former metropolitan powers still dominated investments in their former colonies. (The percentage of the total foreign investments in these African countries held by the former imperial powers is illustrated in table 1.)

Guild Republicanism in Trecento Florence: The Successes and Ultimate Failure of Corporate Politics

Abstract: THE FAMILIAR IMAGE OF REPUBLICAN FLORENCE as a political community has been dominated by ideas and assumptions largely inherited from the civic humanists of the fifteenth century, and in particular from Leonardo Bruni. This view of Florentine politics rests on two central notions: first, on the idea of the sovereign, centralizing state, the embodiment of the res publica and the locus of all political life; and, second, on the conviction that the operative components of this civil community were individual citizens to whom an equal degree of liberty was guaranteed by the state and from whom the exercise of active responsibility was expected within the state. For Bruni's contemporaries, these notions clarified and simplified the moral dimension of political life by focusing loyalty and responsibility in the abstract idea of a state that existed above parties and factions and that derived its legitimacy from the express or implied consensus of its politically active citizens.1 For modern historians-both the believers in and the debunkers of the ennobling myths of Florentine republicanism-the assumptions of the civic

The end of the T'ang

Abstract: FISCAL PROBLEMS, RURAL UNREST AND POPULAR REBELLION It was only after 884, at the very end of the dynasty, that the T'ang dynastic house finally abandoned its attempt to control all of China proper, and until then it never really lost its sovereignty over any part, however little actual authority it had in some areas. Even in the most obdurately independent provinces, T'ang titles were inevitably adopted, and formal court appointment to office was usually sought. Thus the T'ang continued to maintain a presence even in places it could not govern. But its frequent and costly efforts to reassert authority in ‘rebellious’ areas, the inescapable need to defend the empire from foreign invasions, and the maintenance of a large bureaucracy even after the central government's effective administrative power had been severely diminished, all put serious pressures on the resources actually at the dynasty's command. Those pressures led to a series of cumulative developments, each more serious and complex than the last: from 780 to 820 an increasing tax burden was loaded upon the peasantry, to support campaigns to restore dynastic unity; from 820 to 860 a growing pattern of disorder and local banditry emerged; from 860 to 875 broadly supported garrison insurrections broke out, coupled with a serious attempt to form an independent regional state in the lower Yangtze valley; from 875 to 884 a popular rebellion of immense proportions arose. The rebels captured the T'ang capital and held it for more than two years.

The Army and the Levellers: The Roads to Putney

Abstract: The English Revolution began in the summer of 1647. It was a struggle to delimit power and authority which neither the constitutional reforms of 1641 nor the civil war that followed had been able to resolve. Shortly after the fighting ceased in 1646 the House of Lords propounded that ‘things that are to be perpetual might be settled in the old way, by the three estates’. Unexpectedly, however, it was conservative ‘presbyterian’ members of the House of Commons who conducted an experiment in government without the king. In the winter of 1646 Denzil Holies succeeded in obtaining sufficient personal support and institutional power to coordinate and implement a political programme. But the inability of the men at Westminster collectively to secure an accord with the king had encouraged some to question parliament's intentions and others its integrity. Moreover, Charles's defeat, flight to the Scots, and subsequent imprisonment revived the long deferred examination of sovereignty. This now centred on parliament, whose good intentions were, nevertheless, an insufficient justification for its rule. Beginning in the winter of 1646 and building to a climax in the summer of 1647, an assault mounted from both left and right struck at the conduct of Holles and his ‘faction’ and then at the foundation of parliament's role as a conservator of order and authority.

Freedom for Ministry

Abstract: Taking a look at today's Church and religious situation, Neuhaus argues that there is a necessary awkwardness about Christian ministry because we are ambassadors of a "disputed sovereignty". Neuhaus also discusses the minister as leader of worship and the art, discipline, and "absurd responsibility" of being a preacher.

The Chinese Communist Party and the Status of Taiwan, 1928-1943

Abstract: THE PURPOSE of this study is to examine the Chinese Communist position towards the Taiwanese people and political movements on Taiwan, during the period from 1928 to 1943, and to discuss the impact of the 1943 Cairo Conference (which called for a return of Taiwan to Chinese sovereignty) on Chinese Communist Party (CCP) policies. Briefly stated, our findings reveal that: (a) between 1928 and 1943 Communist Party leaders consistently recognized the Taiwanese as a distinct "nation" or "nationality" (minzu); (b) they acknowledged the "national liberation movement" on Taiwan as a struggle of a "weak and small nationality" (ruoxiao minzu) separate from the Chinese revolution and potentially sovereign; and (c) after 1943, particularly after the Cairo Conference, they reversed positions by disavowing Taiwanese ethnic "separateness" and rejecting the independence of political movements on the island.' These positions and shifts were formalized in official CCP decisions and statements by Party leaders, and expressed through key political terminology.

Issues in Malaysian Education: Past, Present, and Future

Abstract: The promulgation of the Constitutional Amendment Act in the Malaysian Parliament in 1971 would seem to suggest an end to intercommunal squabbles over certain major issues which had threatened to bring about an irrevocable split in the tenuously held together multi-communal structure of the country. The Act proclaimed that “in the interest of security and public order” matters pertaining to citizenship (Pt. III of the Constitution), the National Language (Article 152), the special position of the Malays (Article 153), and the Sovereignty of the Rulers (Article 181.) were not to be questioned in public, in state legislatures, and in Parliament. Proscription on these issues had come about as a direct result of the cataclysmic events of 13 May 1969. The promulgation of the Act was the first item of business in the reconvened Malaysian Parliament following the dissolution of the National Operations Council (NOC) which had temporarily ruled the country.

Foreign State Immunity: Soviet Doctrine and Practice*

Abstract: The Soviet doctrine of foreign state immunity starts out from the principle that state sovereignty, the sovereign equality of states, underlies this rule of international law. Sovereignty is an indefeasible attribute of every state. It follows from the legal equality of states, and their mutual independence, that no state may wield power with regard to another state, its organs and its property.

Great Britain, the Soviet Union, and the Polish Government in Exile (1939-1945)

Abstract: In this book I have attempted to analyze the dilemmas confronting the Polish government-in-exile in London during the Second World War. My main objective has beeen to investigate the actual operation of the Polish govern ment and the overall policies of the British government vis-a-vis the Soviet Union insofar as they had a direct bearing on Anglo-Polish relations. Since the outstanding conflicts over territorial claims, and, ultimately, sovereignty, were between Poland and the Soviet Union, considerable attention has been devoted to the relationship between the Polish and Soviet governments during a most trying and difficult period of inter-Allied diplomacy. This work covers the period of operation of the Polish government on British soil until the resignation of Prime Minister Stanislaw Mikolajczyk in November 1944. Although Great Britain did not withdraw diplomatic recognition from the Polish government until July 1945, the Arciszewski government, formed after Mikolajczyk's resignation, was generally ignored by Great Britain. As with all subsequent governments, including that which exists today, Arciszewski's government functioned primarily as the voice of Poland in the West - a government of protest."

Political Economy versus National Sovereignty: French Structures for German Economic Integration after Versailles

Abstract: "The gathering of the nations of Europe requires the elimination of the age-old opposition of France and Germany.... The solidarity in [coal and steel] production thus established will make it plain that any war between France and Germany becomes, not merely unthinkable, but materially impossible." This snippet from the Schuman Declaration of May 1950 bespeaks the faith of the postwar generation of Western Liberals that the solution to the "German problem" with its resultant twentieth-century horrors rested in evolution away from a system of sovereign and competing states toward a European political environment fostering, and fostered by, economic integration. Yet historians have concentrated less on Europe's tortuous and ultimately fruitful struggle toward a political basis for integration than on its tortuous and ultimately disastrous struggle to reconcile national sovereignty with the demands of security. The history of the 1920s in particular gains relevance only through its monstrous offspring, the Third Reich and the outbreak of the Second World War. At best the 1920s have been characterized as an "era of illusions"; at worst as simply a "long truce" before Europe's last fated struggle for hegemony. In the last ten years scholars have reinvigorated the history of the 1920s by placing the social and international disputes of those years against the whole of Europe's experience in the mature industrial era-from the late nineteenth century to the institutional reification of economic integration in the 1950s. Recent studies of the domestic origins of Weimar foreign policy have demonstrated not only the abiding power of Germany's prewar social and economic elites but also the continuity of their foreign political and economic goals. The Manichaean interpretation of the 1920s as an ideological struggle between nationalist "Old Diplomacy" and "liberal internationalism" has finally given way to hard analysis of the structural barriers to

Vietnam 1978: The Elusive Peace

Abstract: IN 1978, VIETNAM'S leadership dramatically moved toward the establishment of central planning in the south, a strategy which incurred the risk of further economic deterioration and postponement of the reconstruction goals so proudly articulated in the first five-year plan (1976-1980) for a unified Vietnam. Agricultural problems were severe, compounded by poor weather conditions, and Vietnam suffered shortages of technology, foreign exchange, food, machinery and other essential goods. Border conflicts with Kampuchea and China diverted resources from the tasks of reconstruction and reconciliation and reenforced Hanoi's concern about internal discipline. In a major external affairs development, Hanoi contracted closer ties with its chief benefactor, the Soviet Union-a development which so alienated the People's Republic of China (PRC) that Chinese assistance programs to Vietnam (estimated at $300 million annually) were terminated. Although Vietnam stressed that it pursued an independent foreign policy and respected the sovereignty of other nations, Hanoi's move toward Moscow and its expanding war with Kampuchea engendered skepticism within the Asian and Western governments from which Vietnam actively sought alternate sources of friendship, trade, and development aid.

Federalism in Kant's Political Philosophy

Abstract: Kant argues in Eternal Peace that without a universal foedus pacificum ("pacific federation") of "republics" there is no security anywhere for "public legal justice"'; and in the Rechtslehre he adds that "if public legal justice perishes then it is no longer worthwhile for men to remain alive on this earth."2 This seems, then, to be a strong argument for some sort of federalism-at least in the international forum, between sovereign "republics," if not necessarily within the domestic structure of each of those republics. (One might think that any "federalist" would want to break down "indivisible" sovereignty by creating federal structures both beyond and within the national-state plane, and be a partisan of both "domestic" and international federalism3; but Kant's federalism moves mainly in one direction-beyond the national state.) A kind of international federalism, indeed, was more important to the political theory of Kant than to that of any other thinker, since for him the possibility of a public legal order on any plane was jeopardized by the absence of such an order on the broadest plane, the relations of independent states. Only an international peace (roughly) comparable to the peace which ought to be enjoyed by individual men in a particular state could guarantee state law.4

A Careless Hope: American Air Power and Japan, 1941

Abstract: "careless hope" and corrupted "sovereign" reason. American leaders, longing for ways to prevent Japanese expansion without provoking war, hoped that strategic air power would frighten Japan into abandoning its policy of conquest. As reason became a slave to this hope, the Department of War became convinced that sending a mere handful of bombing planes to the Philippine Islands would turn the tide in the global struggle against totalitarianism. Analysis proved, to the department's satisfaction at any rate, that war in the Pacific would be impossible. While historians have studied the build-up of air power in the Philippines, few have understood how hope and rationalization shaped American strategy. Instead, they have assumed-as students of foreign policy often do-that the policy adopted was a "calculated solution to a strategic problem."2

The Sovereignty of Parliament and Community Law: The Stumbling-Block That Isn't There

Abstract: LAST March the European Court of Justice delivered a judgment in a case, commonly called Simmenthal, 1 which included the paragraph: It follows from the foregoing that every national court must, in a case within its jurisdiction, apply Community law in its entirety and protect rights which the latter confers on individuals and must accordingly set aside any provision of national law which may conflict with it, whether prior or subsequent to the Community rule.' As a consequence, there erupted in The Times in April and May 1978 a correspondence turning upon the British concept of the sovereignty of Parliament seen in the light of this judgment, and finally I was invited to explore the issues involved in terms appropriate to those who are not specialist constitutional lawyers (whoever the latter are, thank heaven, they are not too numerous). Hence this article which avoids, as far as may be, legal technicality, but I believe nevertheless that the propositions advanced in it can be fully supported in law. Essentially two main interlocking issues are involved: (1) The primacy of Community law over national law, including legislation; (2) the consequences of this on the doctrine of the sovereignty of Parliament which, as commonly understood, is said to involve the unlimited and ultimately exclusive legislative capacity of Parliament, a capacity which is inalienable. Thus it is said that Parliament can never by any Act bind its successors, and so, in particular is not bound for the future by the European Communities Act 1972, which did (in section 2) give effect to the primacy of Community law. In effect it is argued on the traditionalist side that, because of the doctrine of the sovereignty of Parliament, United Kingdom legislation can always override Community legislation and that where there is a conflict between a Community Regulation and a later British Act of Parliament British courts must always obey the latter. I am not one who shares that view, but believe on the other hand that the view expressed by the European Court of Justice is correct in law and applicable within the United Kingdom. Before touching the heart of the argument one general remark may be made. For lawyers, revolutions come in all sorts of shapes and ways. There is no need for violence or for Madame Guillotine to be constituent parts of a

Political Modernization: Gaps Between Theory and Reality

Abstract: Academic interest in "political development" declined in the later 1960s for a variety of reasons, including events in the Third World which both challenged nascent theoretical concepts and also inhibited further empirical research. Theory building was further complicated by a rise in ideological passions, changes in scholarly fashions, and continuing advances in technology which, in auguring the advent of "post modern" societies, made the concept of "modernization" even more ambiguous.Interest in the questions of "dependency" and the relationships of the Third World to the international system forced theorists to reexamine the significance of the traditional basic concepts of "authority" and "sovereignty" for changing societies. Greater effectiveness in public policy implementation demands the establishment of more competent authorities in the new states and the achievement of their true sovereignty. This test of effectiveness, however, runs into the old realities of cultural differences which stand in t...

The Dignity of Honest Toil: A Review Article

Abstract: The renewed study of post-Columbian New World slavery could be conveniently dated from C. L. R. James' The Black Jacobins,I Eric Williams' Capitalism and Slavery,2 or perhaps Frank Tannenbaum's Slave and Citizen.3 Some time later, the reception accorded Stanley Elkins' Slavery4 made plain that a new era had begun; the trickle of articles and books on the subject soon became a flood.5 Though many different forces probably, contributed to this seemingly rather sudden fascination with slavery and with Afro-America generally, the reviewer has suggested the obvious elsewhere:6 the civil rights struggle in the United States, and the emergence of sovereign polities in Africa probably did most for the reawakening.

Rape of Sovereignty: OTRAG in Zaire

Abstract: In an amazing deal, reminiscent of King Leopold's assumption of the Congo as his personal fief, the West German rocket company OTRAG leased the entire southeast corner of Zaire, an area as big as its homeland. The use to which this vast territory is to be put seems to go far beyond the purposes of commercial launching of communication satellites. What drove Mobutu to make this outrageous deal? What are the terms of this contract and what do they imply for the people of the area and their resources? What is the legality of the contract?

Tribal power to tax non-Indian mineral lessees

Abstract: Competition to secure mineral leases on tribal lands raises questions about the extent of tribal authority to protect its economic interests through taxation. The limits of tribal sovereignty have been tested in the courts since the early 1800s. A review of the case law history indicates that Indian tribes will have to rely on a statute or treaty rather than on inherent sovereignty for support in taxing non-indian leases. The problem of establishing a legal foundation comes from the tradition of piecemeal legislation covering oil and gas lease taxation and can only be adequately addressed by Congress. There is presently no power to tax unallotted tribal lands, although a case could be made for taxing surface mines and leases on allotted tribal lands. (DCK)

A Background to Development

Abstract: The origins of Kuwait as a state are not comparable with most of those of the great majority of other states which have achieved international recognition of their sovereignty in the years since World War II. The boundaries of so many of the emergent nations of the former colonial territories were fixed during the colonial period by conquest or agreement between the colonial powers and these boundaries usually bore no relevance to ethnic or social divisions of the peoples which lived within them, indeed the reverse was often the case. Tribes and even whole peoples with no linguistic or cultural affinity one for another might find themselves in a grouping of convenience made solely on the basis of a useful colonial administration and that grouping might well now form the basis of an emergent ‘nation’ which in fact might have no historical foundation at all. Many of the emergent states therefore had few of the elements of cohesion so necessary for political stability and ordered progress. Even where an efficient civil service had been built up during the colonial period, this was usually structured to facilitate the maintenance of a status quo rather than to provide an executive arm for an independent government of a sovereign state primarily concerned with indigenous development. This, however, was not so in Kuwait. Even though the indigenous population came from similar Arab tribes to those of its neighbours, their history provided them with those elements of cohesion that have maintained the social and political unity of Kuwaiti society for more than two centuries.

Domestic Legislation and the Law of the Sea Conference

Abstract: Mr. Chairman, I have been intrigued for many years over the question: Is the cause of international peace advanced best by diplomats negotiating treaties or by commercial interests broadening their commercial trade and investments in other countries? A fair case can be made, I think, that commercial enterprises do a better job than diplomats in bringing the nations of the world closer together, and in lessening, or at least inhibiting the forces that lead nations into warfare. When one nation's businesses have substantial investments in foreign countries, there certainly seems to be a certain reluctance to bomb those countries back into the stone age. The broadening of trade relationships, increased interdependency on materials and products, international monetary exchanges and loan guarantees, airline landing rights, and steamship transportation rights all commercial relationships may often be more helpful to world peace than the painful pace of diplomatic negotiations amongst sovereign nations. This question squarely underlies an issue now facing the United States Congress: Should the Congress unilaterally enact a law encouraging United States industry, in partnership with foreign corporations, to mine the seabed? Or should Congress hold legislation pending the conclusion of the current negotiations? Since unilateral action by the United States may scuttle the current treaty negotiations, this question involves a major choice: Whether to maintain the momentum of continuing United States leadership in deep seabed mining technology development or to support the significant, but slow, progress we have made in negotiating a far-reaching and historic new international law of the sea treaty. The benefits of a treaty cannot be understated. In our own history as a nation, disputes on the oceans have often led us into war. Consider the following: Privateering against United States shipping by Great Britain was a contributing cause of our Revolutionary War, and probably the major cause of the War of 1812. In our Civil War, the naval blockade against the Confederacy and