Showing papers on "Sovereignty published in 1980"

Introduction to international law

Abstract: A State has the following characteristics: (1) a permanent population; (2) a defined territory; (3) a government; and (4) the capacity to enter into relations with other States. Some writers also argue that a State must be fully independent and be recognized as a State by other States. The international legal system is a horizontal system dominated by States which are, in principle, considered sovereign and equal. International law is predominately made and implemented by States. Only States can have sovereignty over territory. Only States can become members of the United Nations and other international organizations. Only States have access to the International Court of Justice. .

The Doctrine of Intertemporal Law

Abstract: After the break-up of western Christendom following the Treaty of Westphalia of 1648, a number of historical changes took place in customary international law. One of the most important changes, if not the most important, was the emergence of the nation-state and the political philosophy to which it gave rise, that is to say, the theory of political sovereignty as the cornerstone of the rights and duties of the various states that came into existence. The political sovereignty of states resulted in the gradual replacement of the old international relations within Christendom, which were based upon a theocratic system of law, by a wider legal system that later embraced nations outside Christendom and engendered a universalization of international relations and, therefore, of international law.

2 B.C. and Julia’s Adultery

Abstract: Modern historians of Rome have expended much care and ingenuity in discussing the constitutional basis for the Augustan principate. Ancient historians had a much simpler view — it was a monarchy. And they were right, even if it was a monarchy within a constitution so that as monarch Augustus contrived to govern with the consent (and support in many cases) of the traditional governing classes without constantly having to invoke the reserve powers of a monarch whose will is ultimately sovereign.

Order, Empiricism and Politics: Two Traditions of English Political Thought, 1500-1700

Abstract: The author first explains the world-view of order which was based on a Christian-inspired metaphysic and supported the concept of absolute sovereignty and the divine right of kings. He then turns his attention to a more Baconian and empirical manner of thought which emphasized the importance of history and experience as sources of political ideas.

The Illusion of State Power: Transnational Corporations and the Neutralization of Host-Country Legislation:

Abstract: Ten years ago there was widespread agreement that transnational corporations constrained the exercise of state power in the Third World. During the 1970s, however, there have been increasing challenges to this idea. Neo-conservatives, neo-mercantilists, bargaining writers, and statists have all been struck by the growth of economic nationalism and the resurgence of the state. Thus, a new orthodoxy has emerged which suggests that the transnational corporation rather than national sovereignty is increasingly 'at bay'.The research described in this article examined the responses of transnational corporations to Nigeria's increasingly stringent indigenization policies during the 1970s. Transnational corporations have developed a range of defensive strategies which effectively neutralize the Nigerian policy. Thus it is clear first that an increase in the frequency of state actions is by no means equivalent to an increase in the effectiveness of state actions. Second, the sharing of equity is a long way from th...

Conflict and alliance in a colonial context

Abstract: representatives of a colonizing power may be classified into three explanatory categories In the first, the least subtle, conflict is assumed to be inherent in col onial situations, especially those involving widespread European settlement Indigenous violence is seen as invariably a reaction to the colonial presence, as indicative of wholesale rejection of European sovereignty and encroachment on lands and resources1 The second category explores the relationships between 'resistance' and 'collaboration' at the local level and incorporates clear evidence that many islanders were either neutral or active allies of the colonial authorities in suppressing local opposition, or ignored non-violent attempts by some island leaders to evade colonial jurisdiction by promoting local initiatives and institutions2 Peter Hempenstall stresses in the context of German Pacific colonies that violent conflict between colonized and colonizer was far from the

The Origins of Language Policy in Zaïre

Abstract: dissident Katanga Province could only confer through an interpreter. Whether this colonial tale was true or not, neither French nor Flemish were widely diffused in the Belgian Congo; indeed, no single linguafranca had emerged during some 80 years of Belgian rule. This article examines the origins of the decisions taken and the attitudes established during the Leopold era, I879-I908, that continued to influence language policy throughout the entire colonial period, and even thereafter. The school is usually a crucial arena of interplay between individual and societal views on language. It is assumed by most scholars that governments make final decisions on official language policy: but this was not true in the Belgian Congo where the outcome was a triumph for conservative Catholicism. In the early years, several alternative policies and practices were proposed by the Government and by Protestant missionaries, but these groups were not strong enough to prevail. The distinctive nature of Belgian colonialism accounts for these difficulties internal sovereignty was" limited by an international agreement, the Berlin Act. Moreover, political manceuvring was greatly influenced by ultra-conservative Belgian Catholicism, and by the central role of the Parti catholique in the domestic politics of Belgium.

The Economy of Sudan: A Potential Breadbasket of the Arab World?

Abstract: The Democratic Republic of the Sudan was among the first of nonsovereign territories in Africa to obtain its independence from European political control. Formerly under the joint sovereignty of Britain and Egypt it became independent on January 1, 1956. Since its declaration of independence, Sudan has experienced three major self-proclaimed revolutions, and the format of government has twice changed between parliamentary democracy and military regimes. As of this writing, the current government under General Jaʻafar el-Numayri has been in power longer than any of its predecessors. General Numayri's success in ending the sixteen-year-old civil war between north and south has bolstered his position as head of state. Consequently, this success and at least three other factors have induced the world to pay considerable attention to Sudan.

War in the Filigree of Peace Course Summary

Abstract: In order to conduct a concrete analysis of the relations of power, we must abandon the juridical model of sovereignty. This model in effect presupposes the individual as the subject of natural laws or primitive powers. It sets out to account for the genesis, in ideal terms, of the State. Lastly, it makes law the fundamental manifestation of power. Power should be studied not on the basis of the primary terms of the power-relation, but on the basis of that relation itself, insofar as it determines the elements on which it bears. Rather than asking ideal subjects what they might have yielded up of themselves or of their powers so as to let themselves be subjected, one should inquire how the relations of subjection are able to fabricate subjects. Similarly, rather than seek the one and only form, the central point from which all the forms of power would supposedly derive, as consequences or developments of it, we must first give these forms their full weight, in their multiplicity, their differences, their specificity, their reversibility. We must study them, then, as intersecting relations of force, which cross-refer to each other, converge, or on the contrary oppose each other and tend to cancel each other out. Finally, rather than accord a privilege to the law as a manifestation of power, it is better to try to observe the different techniques of constraint which it sets to work. If we have to avoid collapsing the analysis of power back on to the schema proposed by the juridical constitution of sovereignty and conceive power in terms of relations of force, must we then decipher it following the general form of war? Can war act as the operator of analysis of the relations of power?

The Rationality of Hegel's Concept of Monarchy

Abstract: In this essay I argue that Hegel's concept of monarchy, far from being more evidence of his supposed abstract rationalism or deference to Prussia, is the most complete modern account of the necessary political conditions of a rational state. Hegel believed that the peculiar historical development of European monarchy made the rational state politically possible. Who rules is the fundamental political problem. Some person or persons must have the final power of decision, even in constitutional and parliamentary regimes, and thus stamp the regime with their own particular views. Hegel believed that only the constitutional monarch of a modern state, bom to sovereignty regardless of his personal abilities or constituencies, limited by harsh experience and public sentiments to legitimization of public acts, could depoliticize this final power of decision. This alone would allow unimpeded public administration according to rational legal standards. Marxist and technocratic dreams of rational administration will remain mere dreams as long as the dreamers offer no alternative solution to the fundamental political problem.

International Migration: Germany in the Eighteenth Century

Abstract: In the eighteenth century Germany as a unified, sovereign state was only a vague idea. The Holy Roman Empire provided only a loose framework for more or less independent small states. In an area of 660,000 square kilometers there lived twenty-seven million inhabitants, divided among 310 territories, 50 imperial free cities, and 1,500 imperial knighthoods. Large German provinces such as East Prussia, West Prussia, and Schleswig were situated outside the imperial boundaries. The emperor had no real power. Since 1648 the territories had possessed sovereignty, and looked upon each other as foreign countries. Even a move to a neighboring village lying on the other side of the frontier was considered as emigration.

The Ottoman Empire and its Aftermath

Abstract: ly all other states in the classical Islamic world. It provided the principle of authority, of identity, and of political and social cohesion and loyalty. The polity was conceived as the Community of Muslims, its head as the successor of the Sultans and Caliphs of the glorious past and as the holder of an Islamic sovereignty dedicated to the maintenance of Islam and the extension of its domain. Characteristically, when Ottoman Muslims observed the role of Prussia and Savoy in the unification of the German and Italian peoples in the nineteenth century and considered a possible parallel role for themselves, they saw it in terms not of Turks but of Islam of a greater Islamic unity, embracing all Muslims, with Ottoman Turkey as its leader. In this sense the Empire was conceived not as a domination of Turks over non-Turks, since all Muslims were theoretically equal irrespective of language or origin, but as a domination of Muslims over non-Muslims. The task of the Muslim

The Bias of Colonial Law: English Paranoia and the Abenaki Arena of King Philip's War, 1675-1678

Abstract: ALTHOUGH legal issues have figured significantly in the . historiography of King Philip's War, little more than the structural outlines of the legal conflict have been explored. Most histories do not examine the differing cultural assumptions Englishmen and Indians made about social and legal order. Recent studies emphasize the legal irritations of early Indian-White relations which eventually drove the New England Algonkians to war to defend their embattled political independence. The tribes closest to English settlements suffered a continuous erosion of their political sovereignty as English authority gradually extended over Indian-White relations, land ownership, traditional religious practices, and, ultimately, over intratribal affairs. The historical controversy over English legal policies has catalogued the variable justice accorded settlers and Indians in the colonial courts. In seventeenthcentury New England, Indians had access to legal redress of their grievances but the proceedings were seldom fair. The historical consensus indicts Englishmen for first imposing law on Indian peoples and then condemns them for denying Indians justice in their legal contests.l

Industrial Policy in a Dependent State: the Case of Brazil

Abstract: The purpose of this paper is to study the industrial policy of the Brazilian state in relation to the process of internationalization of production. The emergence of world capitalism is often interpreted as modifying the sovereignty, the autonomy, and the state capacity for intervention. The effects of internationalization of capital on the state can differ depending on the mode of insertion of the economy into the world economic system. We do not believe however that one should speak in terms of withering (for developed societies) or strengthening (in the case of dependent societies) but rather of a change in state forms. These transformations brought about by the internationalization of production stem from the relation between the state and big capital existing in a situation of monopoly capitalism. Thus the study of these questions can be reduced to the analysis of the relation between the local bourgeoisies and foreign capital, the latter being partly determined by the relationship between the modes of production and the specificity of state organization. These questions constitute the object of our study which will be focused more precisely on the industrial policy of the Brazilian state. It is our intention to explain, defend, illustrate, and draw conclusions to the thesis which states contrary to what happens in developed countries where classes as political agents are pre-existent to state intervention that in dependent countries it is the state's action which determines class existence (Touraine, 1977). We can state our assumption as follows: the existence of an industrial bourgeoisie in Brazil is a function of the intervention of the state in the process of industrialization.

Transnational Advertising and Politics: The Case of Indonesia

Abstract: MUCH OF THE INTERNATIONAL flow of goods, services, and ideas to Indonesia and other Asian nations has been preponderantly one-way (west to east, north to south, and urban to rural) and influenced by various structures emanating from a few industrialized societies. Imbalances in the quantity and differences in the quality of the flow of communication are at the heart of many of today's highly contentious, fundamental global problems. Some nations, groups, and individuals are more troubled and are in less privileged positions than others because communication resources and benefits are being distributed unfairly within and between societies. "One-way flows" and other imbalances in news and information affect communication worldwide and contribute to national and international tensions and misunderstandings over sovereignty, communication policies and plans, and various socio-cultural issues. Throughout the 1970s and now into the early 1980s, heated debates and confrontations between First and Third Worlds have been evident within UNESCO and other arenas. Much of the conflict has had a special theoretical and policy focus on the transnational corporation (TNC) and its role in defining, collecting and disseminating information.'

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

Sino-Japanese Business in China: The Luda Company, 1921–1937

Abstract: the relationship of foreign business enterprises to the national economy and polity was and is central to any analysis of the operation of imperialism in China, as in other countries. The freedom of foreign companies from Chinese law and from state control exemplified to Chinese nationalists China's lack of sovereignty. Such nationalists believed that these companies held decisive competitive advantages over Chinese firms, and that they were arresting the development of the indigenously owned sector of the economy.' In fact, China's retention of at least nominal sovereignty makes any simple analysis inadequate; the fate of foreign companies depended on a complex interaction between foreign and Chinese governments, the foreign investors, and the Chinese investors on whose participation the government was in many cases able to insist. The issue of sovereignty was posed particularly sharply in the case of wholly or partly Japanese companies, since they often acted as agents of their country's government. Beginning in i 897, the Japanese government together with the zaibatsu had been establishing so-called "national policy companies" as agents of colonial development in Taiwan and Korea; short-term profit was not the guiding motive behind these companies, which operated to further what were seen to be long-term national interests.2 In I906, following Japan's acquisition of the Russian territorial and economic privileges in South Manchuria in i905, the Japanese government established the largest of these companies, the South Manchurian Railway Company (SMR), to take responsibility for a whole range of industrial development in the region. European powers played the major role in the economic penetration of the rest of China up to I 9 I 4. Following the presentation of the Twenty-one Demands in I 9 I 5,

Soviet Dissent Under Khrushchev: An Analytical Study

Abstract: Dissent and opposition To write that there has been controversy over the definition of "dissent" and "opposition" would be an understatement. A brief review of the meanings attached to these concepts, with particular reference to Marxist-Leninist systems, is therefore worthwhile. Ghita Ionescu once suggested that opposition in "sovereign oppositionless states" was reduced to "inferior forms" because it was not institutionalized. He called those forms "political checks" and "political dissent"'-the former "originating from the conflicts of interest" and the latter "originating from the conflicts of values."'' Studying opposition in East Europe, H. Gordon Skilling developed a fourfold typology: (1) "integral opposition" involved a total rejection of the political system; (2) "factional opposition" referred to elite infighting; (3) "fundamental opposition" entailed a stand against certain basic policies of the regime and signified partial rejection of the political system; and (4) "specific opposition" concerned loyal, legitimacy-supportive disagreement with particular policies.2

The Concept of Autonomy in International Law

Abstract: “Autonomy” is not a term of art or a concept that has a generally accepted definition in international law. Indeed, one surveying either the literature on the subject or the examples brought forth to demonstrate the existence of the concept is apt to conclude, to paraphrase the late jurist John Chipman Gray, that “on no subject of international law has there been so much loose writing and nebulous speculation as on autonomy.” Yet the term is very much in vogue today. The Camp David framework, for instance, establishing the context for negotiating peace in the Middle East, seeks to provide “full autonomy to the inhabitants” of the West Bank and Gaza. Regional autonomy has been extended recently to the Basque country and Catalonia by Spain, and to the 34 atolls composing the Marshall Islands by the United States. Currently, demands for greater autonomy have been made by the Shetland Islands against Great Britain, as well as by Quebec against Canada. Greek officials have offered to create “a self-administered and inviolable” area within Greece as a permanent site for the Olympic Games. While conventional wisdom accords regional autonomous entities only limited status under international law, the increasing frequency of claims to autonomy and the incremental effect such claims will have upon the international legal order make the concept of autonomy ripe for review.

Foreign Relations of the Lao People's Democratic Republic: The Ideological Imperative

Abstract: IT MIGHT HAVE BEEN EXPECTED that in the post-Mao era socialist states would have deemphasized ideological differences in the interests of "proletarian internationalism." Yet meaningful differences in the basic line of revolutionary transformation, particularly in the Lao People's Democratic Republic (LPDR), the Socialist Republic of Vietnam (SRV), and Democratic Kampuchea have brought into sharp focus the contradictions obtaining between the strict adherence of socialist nations to proletarian internationalism and the conflicting demands of narrow "bourgeois" nationalism. While media attention has been focussed upon the leading protagonists and victims of the conflict between erstwhile revolutionary allies, less interest has been shown in Laos, an example that allows certain interpretations to be examined in a way that provides valuable insights into the wider dynamics of regional politics. The case of Laos, moreover, serves to illustrate the attempt of one Southeast Asian state and sovereign member of the nonaligned movement to reconcile the conflicting poles of its national security priorities on the one hand, and the dictates of alliances and more powerful socialist nations on the other. Emphasis given here to the ideological imperatives governing the interstate and interparty relations of socialist states is not to depreciate the widely observed relevance of historical, cultural, ethnic, and geostrategic considerations, which are in thie final analysis largely inseparable, but to seek a coherent set of answers to otherwise inexplicable political behavior that analysis of party publications, documents, monitored radio broadcast transcripts, etc., makes possible.

The Relationship between Child Arts and Their Cultural Foundations.

Abstract: It would seem to be of some particular significance that an Englishman should have written a paper on a theme that can be understood as being based on the study of cultural diversity. It is of significance, in the first place, because within relatively recent history England held colonial and territorial rights over vast areas of the globe and ruled over an almost infinite number of different cultures. Indeed, it was only a matter of a mere two hundred years ago that those territories which eventually became known as the United States of America broke away from English sovereignty, and even as recently as the early decades of the present century, the British Empire could still justly be described as one "on which the sun never sets." England, in point of fact, still has a number of colonies under direct rule in different parts of the world and, although the British Empire no longer exists, the British Commonwealth of Nations maintains strong relationships between many countries which are as much if not more dependent upon some measure of cultural identification as upon economic interdependence. It is of significance also because during those many years of colonial activity and acquisition, the English, in what was surely felt at the