Showing papers on "Sovereignty published in 1987"

Quasi-states, dual regimes, and neoclassical theory: International jurisprudence and the Third World

Abstract: Decolonization in parts of the Third World and particularly Africa has resulted in the emergence of numerous “quasi-states,” which are independent largely by international courtesy. They exist by virtue of an external right of self-determination— negative sovereignty—without yet demonstrating much internal capacity for effective and civil government—positive sovereignty. They therefore disclose a new dual international civil regime in which two standards of statehood now coexist: the traditional empirical standard of the North and a new juridical standard of the South. The biases in the constitutive rules of the sovereignty game today and for the first time in modern international history arguably favor the weak. If international theory is to account for this novel situation it must acknowledge the possibility that morality and legality can, in certain circumstances, be independent of power in international relations. This suggests that contemporary international theory must accommodate not only Machiavellian realism and the sociological discourse of power but also Grotian rationalism and the jurisprudential idiom of law.

II. Democracy Against the Welfare State?: Structural Foundations of Neoconservative Political Opportunities

Abstract: Within any modern state, citizens are structurally related to state authority in three basic ways. Citizens are collectively the sovereign creators of state authority, they are potentially threatened by state-organized repression and coercion, and they are dependent upon the services and provisions organized by the state. The notion of citizenship within liberal-democratic welfare states involves all three aspects: citizens are conceived of as (1) the ultimate source of the collective political will, in the formation of which they are called upon to participate in a variety of institutional ways through the institutional devices of territorial and functional representation; they are also (2) the “subjects” against whom this will can be enforced and whose civil rights and liberties impose, by constituting an autonomous sphere of “private” social, cultural, and economic action, limits upon the state’s authority; and finally they are (3) clients who depend upon state-provided protection, services, opportunities, and collective goods for securing their material, social, and cultural means of survival and well-being in society.

The civil religion of James Harrington

Abstract: What has Athens to do with Jerusalem? Tertullian The idea of a civil religion is not one which students of political theory pay much attention to today. In so far as it resonates at all, it suggests a dark and aberrant episode in the career of the modern state. In the 1940s and 1950s scholars were understandably concerned to discover the roots of totalitarian state worship. In constructing its intellectual ancestry, paternity seemed to lie with Hegel, Rousseau and Machiavelli. Hegel, it was held, had sanctified the Prussian state by embodying God in the unfolding of national history. Rousseau, in his chapter on ‘Civil religion’ in The Social Contract, had apparently married a religion of patriotism to his theory of an invincible democratic sovereignty. And Machiavelli, in the Discourses, had found the Christian religion inadequate in comparison with ancient Rome's ability to harness piety for the glory of the patria. Unavoidably, therefore, ‘civil religion’ came to connote a Faustian and totalitarian device to secure blind obedience to the state by the exploitation of human aspirations to spiritual fulfilment. For some commentators its aberrance lay in its violation of Augustine's Christian scepticism about temporal rule and earthly perfectibility. For others it lay in its violation of what seemed the pre-eminent achievement of modern political sensibility, the secular separation of politics and religion. It was, either way, ‘a radical departure from Western tradition’.

Theories of the State

Abstract: The Nature of The State 1. Introduction Is politics about the State? States, the State and the idea of the State Stateless societies and the State tradition Antecedents to the State Etymology of the State 2. Formal Features of the Modern European State The State and other Collectivities Society and the State Community and the State Nation and State Government, Administration and the State 3. Cognate concepts of the State Sovereignty Authority, Obligation and Legitimacy 4. Theory and the State Essential Contestability and the State Human Nature and the State

The Political Thought of Baldus de Ubaldis

Abstract: Preface Abbreviations Introduction 1. Universal and territorial powers: the fundamental structure of baldus' political thought 2. The nature and limitations of the emperor's power 3. The sovereignty of independent city-republics 4. Membership of the city-community: political man and citizenship 5. The city-'populus' as a self-governing corporation 6. Kingship and 'signorie' Conclusion Appendix Bibliography Index.

American Indians, time, and the law: Native societies in a modern constitutional democracy

Abstract: In 1959, the Supreme Court ushered in a new era of Indian law, which recognizes Indian tribes as permanent governments within the federal constitutional system and, on the whole, honors old promises to the Indians. Drawing together historical sources such as the records of treaty negotiations with the Indians, classic political theory on the nature of sovereignty, and anthropological studies of societal change, Wilkinson evaluates the Court's work in Indian law over the past twenty five years and considers the effects of time on law.

Cooperation in the liberalization of international trade: after hegemony, what?

Abstract: Nations dwell in perpetual anarchy, for no central authority imposes limits on the pursuits of sovereign interests. … Because as states, they cannot cede ultimate control over their conduct to an supranational sovereign, they cannot guarantee that they will adhere to their promises. The possibility of a breach of promise can impede cooperation even when cooperation would leave all better off. Yet, at other times, states do realize common goals through cooperation under anarchy.

Of Sovereignty and Federalism

Abstract: Victims of government-sponsored lawlessness have come to dread the word \"federalism.\" Whether emblazoned on the simple banner of \"Our Federalism\"' or invoked in some grander phrase,2 the word is now regularly deployed to thwart full remedies for violations of constitutional rights. Consider, for example, the Burger Court. Rallying under flags of federalism, the Justices pushed back remedies for segregation in public schools,3 denied relief to citizens threatened by racially discriminatory police brutality,4 cut back federal habeas corpus for state prisoners convicted

Mediation Of Civil Wars: Approaches And Strategies--the Sudan Conflict

Abstract: As civil wars become forums for international conflicts and ideological rivalries, their containment and resolution is an increasingly important requisite for international peace. This book explores mediation as a means toward resolving such wars. Dr. Assefa argues that the sovereign sensitivities of incumbent governments, the risk of international

Intellectual Precursors of Conservative Nationalism in Argentina, 1900-1927

Abstract: (c (1 OCIAL justice, political sovereignty, economic inde' pendence": the Peronist slogan captured the central aspirations of Argentine nationalism as it matured during the late 1940S. At that point, as nationalist goals fused with the pursuit of industrialization and the advancement of popular welfare and power, Argentina developed the modern brand of nationalism that in 1945 E. H. Carr called "the socialization of the nation, [and] the nationalization of economic policy."' Peronism synthesized two hitherto disparate nationalist strands: a "democratic" nationalism whose roots lay in Yrigoyenista Radicalism and the FORJA,2 and conservative nationalism, or "nacionalismo," a complex species of Catholic corporatism that was partly influenced by fascism.3 The latter movement, on which this paper focuses, developed in two main stages, before and after 1927. That year saw the creation of La Nueva Republica, the first press organ to lead a sustained effort to disseminate the nacionalistas' antiliberal, authoritarian, and militarist dogmas. At this point, too, the nacionalistas began to emerge as contenders for political power, and to create organized pressure groups.4 Before 1927,

Constitution, Court, Indian Tribes

Abstract: We claim that the “constitution, and the laws of the United States which shall be made in pursuance thereof… shall be the supreme law of the land.” But we also claim to recognize the sovereignty of Native American nations, the original occupants of the land. These claims—one to jurisdictional monopoly, the other to jurisdictional multiplicity— are irreconcilable. Two hundred years have produced no resolution of the contradiction except at the expense of the tribes and the loss to non-Indians of the Indians' gift of their diflerence. This article explores the bearing of American constitutional law upon Native American tribes.

Eisangelia and Euthyna : the Trials of Miltiades, Themistocles, and Cimon

Abstract: P OLITICAL TRIALS at Athens in the early fifth century are known to us only from brief references, but much of the reconstruction of Athenian constitutional history, from Cleisthenes to Ephialtes, depends upon the interpretation of these procedures. According to the atthidographic tradition in the Athenaion Politeia, the Areopagus controlled impeachments for major offenses (eisangeliai), as well as the accountings of public officials (euthynai), until Ephialtes' reforms; but other references clearly indicate that the demos had already assumed authority in trials for treason and conspiracy and in prosecutions for official misconduct, including the trials of Miltiades, Themistocles, and Cimon. 1 In recent work M. H. Hansen has concluded that eisangeliai of the pre-Ephialtic period were tried before the ekklesia or the court of the people, and in these trials the Areopagus had no officialjurisdiction; P. J. Rhodes has argued that sovereignty in eisangeliai belonged to the Areopagus until Ephialtes conferred these powers upon the people, and has suggested that the partisan verdicts of the Areopagus in the trials of Themistocles and Cimon helped to provoke democratic reform.2 Without decisive evidence for the earlier proceedings, the debate has focused upon the nomos eisangeltikos and political trials after 461, but there is still no consensus on the rules of jurisdiction in classical eisangelia and very little agreement on the origin of these rules. In regard to euthynai of the later fifth and fourth centuries, Marcel Pierart has contributed an important study, but its

Vienna convention on succession of states in respect of treaties

Abstract: Publisher Summary This chapter discusses key aspects of Vienna Convention on Succession of States in Respect of Treaties. The Vienna Convention on Succession of States in Respect of Treaties, adopted on August 22, 1978, has not yet entered into force. Its adoption by an impressive majority at the plenipotentiary Conference at Vienna constituted another step in the codification of treaty law within the framework of the United Nations, the first fruit of which was the 1969 Vienna Convention on the Law of Treaties. The Convention on State Succession reflects the provisions of the Convention on the Law of Treaties: Both deal only with written treaties between States. The former defines the basic concept of State succession as the replacement of one State by another in the responsibility for the -» international relations of a given territory and not just a change of government. This neutral definition is intended to avoid difficulties that might result from referring to the change of territorial sovereignty or to the treaty-making power.

Preventive War and the Balance of Power: A Game-Theoretic Approach

Abstract: Preventive wars are commonly defined as wars initiated by a major power to preempt an anticipated disadvantageous position in terms of resources or military capabilities owing to the differential growth rates of countries. This essay extends a game-theoretic model of the balance of power to admit differential growth rates and also to permit countries to adjust their investments for the future. After establishing the conditions for equilibrium investment strategies, we then examine the properties of the nation-system that this equilibrium implies. Specifically, using a two-period model, we are interested in those first-period equilibria in which, because their sovereignty is subsequently threatened, countries will prefer to instigate a preventive war. We conclude by arguing that, although differential growth rates and the period 1 equilibria that initial resources imply can threaten the sovereignty of countries, there are a variety of coalitional strategies available to countries and that only some of them...

Police and the Territorial State in Sixteenth-century Württemberg

Abstract: Historians of early modern Europe have long been fascinated with the creative role of the state in social, cultural and economic affairs. This interest has taken many forms: sometimes a Whig view of the state’s progressive and modernising role, sometimes a Marxian view of the state as a coercive means of ensuring class domination, sometimes an anthropological understanding of a process of ‘acculturation’, in which rural culture was eroded by a state directed by educated urban elites.1 Central to all these views is an understanding of the territorial state as an entity developing, from the sixteenth century onwards, a bureaucratic, military, fiscal and policing apparatus increasingly exercising control over the lives of its subjects. Grounding itself on sixteenth-century theories of sovereignty, the state began to employ law codes and regulations which progressively extended its political control into all areas of life. It gradually enforced a general obedience to its will enabling it to create new forms of social order, which one recent work has summed up under the rubric of ‘the well-ordered police state’.2

Peace and disputed sovereignty : reflections on conflict over territory

Abstract: Examines the different types of border disputes by going beyond the traditional questions of 'titles of territory' and issues of the location of the boundary. Through an historical analysis, the authors show that boundaries serve a variety of functions depending on the social relationships they were intended to mediate. Eight case studies are cited as examples to examine alternative strategies for resolving disputes. Co-published with the Institute of War and Peace at Columbia University.

Ceremony and Politics: The British Monarchy, 1871–1872

Abstract: Walter Bagehot divided the English constitution into two parts, the “dignified” and the “efficient.” The sovereign and the House of Lords were the dignified or the showy parts, imposing spectacles designed to serve as reminders of a glorious past and to impress an uneducated populace with the authority of the state. The cabinet and the House of Commons were the efficient parts, where the real work went on, where men of business transacted affairs of state using the authority obtained by the dignified parts. So he wrote in the years preceding the second Reform Bill, when it was conventional to speak of the rudeness and unruliness of an uneducated people and of the hazards of admitting them to the franchise. Yet his book, animated in such large measure by the debates on parliamentary reform of the late 1860s, remains a much-quoted authority on the English constitution today.Perhaps one among the reasons for its enduring popularity is that he expressed so neatly a notion that certainly existed before as well as in his time and that survives today, namely, that governmental activity can be divided into ceremonial and political parts. The one is opposed to the other as pleasure is to business, as emptiness is to substance, as illusion is to reality, as artifice is to plain speaking. In affairs of state, the adjective “ceremonial,” when attached to words like “head of state” or “official,” has come to mean empty figurehead or powerless placeholder. Ceremonies of state—coronations, jubilees, openings of Parliament—are picturesque and pleasant but essentially ephemeral, devoid of anything powerful other than that which is powerfully sentimental, colorful, and evocative.

Confrontation, consent, and corporatism: state strategies and the medical profession in France, Great Britain, and West Germany.

Abstract: The economic disorders of the last decade have compelled European welfare states to seek more stringent controls over costly social policies such as health care, thus circumscribing professional sovereignty. However, several factors--institutional structure, cultural values, political/economic circumstances, patterns of state/professional relations--constrain the policy alternatives available to governments, and make fundamental reform very difficult to achieve. After analyzing these factors and the reform policies adopted in France, Great Britain, and West Germany, this article will examine and compare the strategies pursued to meet professional resistance to change.

Renaissance and Revolt: Essays in the Intellectual and Social History of Early Modern France

Abstract: Acknowledgements Introduction Part I. Humanism, Stoicism, and Interest of State: 1. Cicero and Tacitus in sixteenth-century France 2. Protestant jurists and theologians in early modern France: the family of Cappel 3. French satire in the late sixteenth century 4. Rohan and interest of state Part II. Sovereignty, Resistance, and Christian obedience: 5. Bodin and the monarchomachs 6. An alternative theory of popular resistance: Buchanan, Rossaeus, and Locke 7. Gallicanism and Anglicanism in the age of the Counter-Reformation Part III. Structures and Fissures: 8. Venality of office and popular sedition in seventeenth-century France 9. Peasant revolt in Vivarais, 1575-1580 10. The Paris Sixteen, 1584-1594: the social analysis of a revolutionary movement 11. The Audijos revolt: provincial liberties and institutional rivalries under Louis XIV Index.

Hobbes's Dagger in the Heart

Abstract: Richard Cumberland, the Anglican divine, concludes his anti-Hobbesian work, Treatise of the Laws of Nature, with the following remarkable observation: ‘Hobbes, whilst he pretends with one hand to bestow gifts upon princes, does with the other treacherously strike a dagger to their hearts.’ This remark sums up a dominant theme of seventeenth-century reactions to Hobbes's political theory; a host of similar complaints could be marshalled from among the ranks of secondary figures such as Clarendon, Filmer and Pufendorf. Today, however, Cumberland's criticism has a relatively unfamiliar ring. Following the lead famously given by John Locke, we are much more likely to be impressed by the totalitarian features of Hobbes's political philosophy than by its subversive character. To preclude initial objections, there is of course a relatively uncontroversial sense in which Hobbes's thought is subversive; in metaphysics, ethics and theology Hobbes's daggers are deliberately aimed at the hearts of the Schoolmen and the Puritans. But Cumberland's concern in the quotation is with Hobbes's theory of sovereignty: the thrust of his criticism is that the theory is top-heavy, and this issue has not received much attention in recent years. One notable exception is David Gauthier who writes that ‘from unlimited individualism only anarchy follows. The theory is a failure.’ Gauthier, however, argues tht Hobbes's presentation of his theory in Leviathan marks a major advance over the earlier De Cive, and if our criterion of success is the strength of the sovereign's position, then this claim seems highly suspect. In the first part of this paper I shall argue that the sovereign of Leviathan is a more vulnerable figure than the sovereign of the earlier De Cive. In the second part of the paper I take up the problem posed by military service for a Hobbesian theory of political obligation. Employing a distinction between act- and rule-prudentialism, I shall argue that here again the position of Leviathan is in some ways less satisfactory than that of the earlier works.

Forty Years of Military Activity in the Canadian North, 1947-87

Abstract: Military and strategic perceptions of the North have changed several times during the 20th century. Initially, the North was simply ignored: later - by the mid-1939s - it was perceived as a strategic barrier more formidable than either the Atlantic or Pacific oceans. During the Second World War and the Cold War, with the views of the United States in the dominance, the area was seen as an approach, initially to Europe and Asia, and later to the heartland of North America. In contemporary Canada, the North is seen as having intrinsic value and as such is deserving to be watched over, protected and, if necessary, defended. Military forces have been involved periodically in the North since the days of the Klondike Gold Rush in 1898. The intensity and degree of this involvement has reflected the changing perceptions of the North. Military presence can be analyzed as relating to defence, protection of sovereignty and national development, although naturally many specific programs have overlapped. American involvement, starting with the United States entry into World War II and continuing into the present, has been extensive but primarily concerned with defence. Military activity has been a significant factor in the development of northern infrastructure both as deliberate national development programs and as the by-product of defence-related construction activities. While the military has had a considerable impact on the North, the northern fact has had surprisingly little impact upon the Canadian military. The Canadian Forces are just beginning to comprehend the unique aspects of the North and to develop policies and programs appropriate to contemporary northern realities and the assigned military responsibility to be Custos Borealis - Keeper of the North. Key words: Arctic, Canada, defence, development, North, strategy, sovereignty

Indigenous peoples, land-use conflicts, and economic development in circumpolar lands

Abstract: Progressions in the contact between northern indigenous peoples and southern populations who seem to control sovereignty and economic development in the international circumpolar north are reviewed. Current issues surrounding modern, indigenous land-use patterns are seen in relation to the national, international, and global developments. The North is not isolated but rather intertwined with processes influenced by internal and external events. There are three competing and interfering land uses: (1) indigenous "traditional pursuits" based on renewable, mainly animal resources, i.e., herding, hunting, trapping, and fishing/sealing; (2) the introduced wage-labor and service sector based on the southern public services and facilities; and (3) the almost completely independent nonrenewable resource extraction industry for export to production centers outside the North. The indigenous peoples have fully realized this process and know that choices have to be made in order to accommodate the different interests and goals in the north. However, their expectations center around: (1) sovereignty and territoriality; (2) control and decision making; (3) socioeconomic benefits for the North; and (4) cultural and linguistic survival.

The Sleeping God: An Ancient Near Eastern Motif of Divine Sovereignty

Abstract: The psalms appear to give contradictory images of God in relation to sleep. Psalm 121 says that Yahweh never sleeps, that he is eternally vigilant in protecting his people from all evil. Psalm 44:24[23] gives exactly the opposite picture, however. The psalmist calls upon God to wake up and save his people from the wicked who threaten to devour them. Similar images of God asleep while his people perish can be found in Ps 7:7, 35:23, and 59:5–6. Previous commentators have usually explained the image of God sleeping in various ways. One group considered it to be a metaphor for the apparent inattentiveness of God (deus absconditus) to the prayers of his people, especially in times of distress. 1 As such, it was considered to be one of the bolder anthropomorphisms found in the Bible, employed more for psychological effect than any theological significance. 2 A second group, taking its cue more from the word qûmâ “Arise!” sometimes found in parallel cola, 3 understood the psalmist’s cry “Wake up!” to be a plea to God to ascend his divine throne to render judgment against wicked enemies who unjustly persecute the faithful. 4 Opinions have differed as to whether

The British Resort to Force in the Falklands/ Malvinas Conflict 1982: International Law and Just War Theory:

Abstract: During the Falklands/Malvinas conflict of 1982, both Britain and Argentina defended their resort to military action on the basis of some sort of Just War principles. This article analyses the justifications given for the British resort to force. A summary of the history of the dispute and the legal arguments with regard to sovereignty over the Falkland Islands provides the context for this analysis. It is found that both Britain and Argentina have a strong, but not conclusive case. The rigorous application of Just War criteria shows that the British resort to force fails to satisfy each one. In particular, it is shown that British objectives went beyond possible just causes due to Argentine aggression. It is also argued that the British claim to have acted in the enforcement of international law is not tenable. An analysis of how the decision to send the Task Force to the South Atlantic was made, involving the Government, the Royal Navy and Parliament, reveals various extraneous factors and pressures. It ...