Showing papers on "Sovereignty published in 1989"

From Apology to Utopia: The Structure of International Legal Argument

Abstract: This book presents a critical view of international law as an argumentative practice that aims to 'depoliticise' international relations. Drawing from a range of materials, Koskenniemi demonstrates how international law becomes vulnerable to the contrasting criticisms of being either an irrelevant moralist Utopia or a manipulable facade for State interests. He examines the conflicts inherent in international law - sources, sovereignty, 'custom' and 'world order' - and shows how legal discourse about such subjects can be described in terms of a small number of argumentative rules. This book was originally published in English in Finland in 1989 and though it quickly became a classic, it has been out of print for some years. In 2006, Cambridge was proud to reissue this seminal text, together with a freshly written Epilogue in which the author both responds to critiques of the original work, and reflects on the effect and significance of his 'deconstructive' approach today.

From popular sovereignty to the sovereignty of law : law, society, and politics in fifth-century Athens

Abstract: Analyzing the 'democratic' features and institutions of the Athenian democracy in the fifth century B.C., Martin Ostwald traces their development from Solon's judicial reforms to the flowering of popular sovereignty, when the people assumed the right both to enact all legislation and to hold magistrates accountable for implementing what had been enacted.

International/Intertextual Relations: Postmodern Readings of World Politics

Abstract: Drawing on the philosophies and intellectual approaches of numerous contemporary social critics (Nietzche, Foucault, Barthes, among others), this collection sheds light on the relationship between international theory and political power. Using such disciplines as geneaology, deconstruction, semiotics, feminist psychoanalytical theory, and intertextualism, these readings address such diverse topics as: sovereignty, terrorism, the psychology of war, nuclear criticism, strategic culture. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Political Change and the Crisis of Legitimacy in Hong Kong

Abstract: The Sino-British agreement and the resumption of Chinese sovereignty over Hong Kong in 1997 have posed fundamental questions about the future of that state and the political and individual liberties which Hong Kong citizens will or will not enjoy under the new order. A fundamental question is whether a capitalist economy (guaranteed by the agreement) can exist in Hong Kong after 1997 without the supervisory role of the capitalist state and the implied relationship with the population. To explore this question it is necessary to know how the state in Hong Kong emerged, the measures it uses to attain its goals, and how autonomous it has been from Britain and China and from popular political demands. The author traces the history of the unreformed colony from when it was founded in 1841 till 1967, and then examines the 1967 riots, and the social and governmental reforms and the "relative autonomous" regime that followed. A chapter on the Sino-British negotiations and agreement looks at the resulting anxiety and turbulence in Hong Kong due to conflicting interests, and at the corporate state, aimed at reconciling those interests, which has been created since. In conclusion, the views of future developments held by the Chinese and British governments and leaders in Hong Kong are considered. Ian Scott has co-edited two books on the Hong Kong Civil Service.

Political Theory and the Modern State: Essays on State, Power, and Democracy

Abstract: Preface. Introduction. 1. Central Perspectives on the Modern State. 2. Class, Power and the State. 3. Legitimation Problems and Crisis Tendencies. 4. Power and Legitimacy. 5. Liberalism, Marxism and the Future Direction of Public Policy. 6. The Contemporary Polarization of Democratic Theory: The Case for a Third Way. 7. Citizenship and Autonomy. 8. Sovereignty, National Politics and the Global System. 9. A Discipline of Politics? Index.

Rickshaw Beijing: City People and Politics in the 1920s

Abstract: In the 1920s, revolution, war, and imperialist aggression brought chaos to China. Many of the dramatic events associated with this upheaval took place in or near China's cities. Bound together by rail, telegraph, and a shared urban mentality, cities like Guangzhou, Shanghai, and Beijing formed an arena in which the great issues of the day - the quest for social and civil peace, the defense of popular and national sovereignty, and the search for a distinctively modern Chinese society - were debated and fought over. People were drawn into this conflicts because they knew that the passage of armies, the marching of protesters, the pontificating of intellectual, and the opening and closing of factories could change their lives. David Strand offers a penetrating view of the old walled capital of Beijing during these years by examining how the residents coped with the changes wrought by itinerant soldiers and politicians and by the accelerating movement of ideas, capital, and technology. By looking at the political experiences of ordinary citizens, including rickshaw pullers, policemen, trade unionists, and Buddhist monks, Strand provides fascinating insights into how deeply these forces were felt. The resulting portrait of early twentieth-century Chinese urban society stresses the growing political sophistication of ordinary people educated by mass movements, group politics, and participation in a shared, urban culture that mixed opera and demonstrations, newspaper reading and teahouse socializing. Surprisingly, in the course of absorbing new ways of living, working, and doing politics, much of the old society was preserved - everything seemed to change and yet little of value was discarded. Through tumultuous times, Beijing rose from a base of local and popular politics to form a bridge linking a traditional world of guilds and gentry elites with the contemporary world of corporatism and cadres.

Mass Culture and Sovereignty: The American Challenge to European Cinemas, 1920-1960

Abstract: "Then, one day we saw hanging on the walls great posters as long as serpents. At every street-corner a man, his face covered with a red handkerchief, leveled a revolver at the peaceful passersby. . . . We rushed into the cinemas and realized immediately that everything had changed." While the Great War wasted away Europe's resources, the American cinema occupied the home fronts. For the Parisian futurist Philippe Soupault, the flickering images of Pearl White's "almost ferocious smile" announced "the revolution, the beginning of a new world."1I By the mid-1920s, the sway of America's cultural industries was so powerful that some Europeans questioned whether old-world states still exercised sovereignty over their citizens' leisure. In England, "the bulk of picture goers are Americanized to an extent that makes them regard the British film as a foreign film," commented a London Daily Express writer in 1927; "they talk America, think America, dream America; we have several million people, mostly women, who, to all intents and purposes, are temporary American citizens."2 From the 1920s, this outpouring of cultural artifacts and images presented European societies with a set of challenges at least as complex and confounding as that posed by American manufacturers' intense competition.3 The first challenge came from the free-floating quality of American commercial culture

Ecological Security and the Need to Reconceptualize Sovereignty

Abstract: Between the fifth and third centuries B.C. a series of walls were built in northern China by several warring kingdoms. The goal: to establish and protect their separate sovereignties and to sensure their security against nomadic invaders. Despite these walls, in 221 B.C. the armies of Qin Shi Huang were able to conquer the other six ducal states, making Qin the first emperor of a united China. To consolidate his power and assert imperial sovereignty, Qin ordered that those portions of the walls that divided the kingdoms of China be demolished, and those that ran along the northern frontier be connected and extended in a new ‘Great Wall’ which would run more than 6,000 kilometers. More than 300,000 men were commandeered for the ten year project and forced to work under great hardship. Many died in the process. Qin’s ultimate purpose was immortality through a dynastic reign that would continue in perpetuity. He must have thought this form of continuity worth the human sacrifice and related risk of rebellion it entailed. But the new dynasty was short-lived, replaced in 206 B.C., only 15 years after it began, by the Han dynasty. Today, few outside China know the name of the man who ordered the Great Wall. Even Chinese historians remembered Qin as much for his tyranny-the burning of books, the massacre of intellectuals, the forced movement of masses of people-as for this “achievement.” Over the centuries the wall fell into disrepair aGd ruin, a victim of the forces of nature. A number of rulers ordered it to be repaired or reconstructed or extended. But inevitably it would be reclaimed yet again by Nature which recognizes no human sovereignties. Today, although portions of the Great Wall remain and are maintained as a legacy of human achievement (it is one of the few man-made wonders that can be seen by astronauts from outer space), it has no real significance other than symbolic for the security and sovereignty of China. In fact, what stands out most is that, whatever protection the Great Wall once provided against invading forces, today it walls out nothing. I t is more a testimony to the

Financial Dynamics and Business Cycles: New Perspectives

Abstract: The subject of Tibet is highly controversial, and Tibet, as a political entity, is defined differently from source to source and audience to audience. The editors of this path-breaking, multidisciplinary study have gathered some of the leading scholars in Tibetan and ethnic studies to provide a comprehensive analysis of the Tibet question. "Contemporary Tibet" explores essential themes and issues concerning modern Tibet. It presents fresh material from various political viewpoints and data from original surveys and field research. The contributors consider such topics as representations and sovereignty, economic development and political conditions, the exile movement and human rights, historical legacies and international politics, identity issues and the local society. The individual chapters provide historical background as well as a general framework to examine Tibet's present situation in world politics, the relationship with China and the West, and prospects for the future.

Sovereignty and Rebellion: The White Hmong of Northern Thailand

Abstract: The economic dilemma the political dilemma the religious dilemma the 'Agon' of the village the importance of literacy the role of messianism the place of geomancy 'real history' and the theory of ethnic categories the reformation of culture.

Minorities Rights at Risk: A Global Survey

Abstract: As many as 5,000 distinct communities in the contemporary world might claim that they are national peoples on grounds that they share common ancestry, institutions, beliefs, language, and territory, according to one geographer, Bernard Nietschmann. Using more stringent criteria, Nielsson and Jones identified 575 ethnic groups that are actual or potential nations.3 Only a few of these groups enjoy international status as sovereign nationstates. Most of the 168 states in the modern world are mosaics of distinct peoples whose identities and aspirations may or may not be accepted and protected by those who hold state power. This study focuses on 261 nonsovereign peoples who are both numerically significant and accorded separate and unequal treatment. We refer to them by the shorthand term of "minorities" because most are outnumbered by other groups within the jurisdiction of the states they inhabit. More precisely, they are differentially treated communal groups.

State and towns in the Middle Ages: The Scandinavian experience

Abstract: The relationship between state and towns in medieval Scandinavia was a close and a complicated one. Towns were part of the political power, but they were also something else “outside” the state. p ]From an “internal” perspective the towns can be regarded as forming part of the power-cum-control system of the state. In medieval Scandinavia this meant that towns should, above all, be considered against the background of the extent and possession of the supremacy right. During the 1000–1150 stage, towns formed political and religious points d'appui for the new feudal sovereignty. In the course of the 1150–1350 stage, they also became vital centers for that exchange of goods that was instigated by the people who were in possession of feudal supremacy. Finally, from 1350 to 1550, the towns became the original bases for the new, mercantile supremacy, in a mutual relation with the emerging territorial state. In feudal society, it was of decisive importance from the beginning to be in control of production; as time went by, however, it turned out to be just as essential to control distribution as well.

The Decline of Property Rights in Man in Thailand, 1800–1913

Abstract: Like many land-abundant, labor-scarce economies, Thailand had a well-developed system of property rights in man. Over the nineteenth century corvee and slavery were abolished and replaced by military conscription, a head tax, and more precise property rights in land. Concomitant trends included extensive commercialization, the growth of international trade, imperialist threats to Thai sovereignty, and the growth of a centralized unitary state. Both domestic and international political motives influenced monarchs in the abolition of human-property rights. Economic change greatly facilitated these institutional changes.

The European Dimension

Abstract: European integration has been of central importance to the Federal Republic’s existence. The post-war division of Europe excluded the possibility of German reunification and presented the new state with the need for acceptance into the new international order. Initially, policy was heavily dependent on the attitudes of the Western allied powers, which held responsibility for the foreign affairs of the FRG. The inducement that they in effect offered to the FRG was the granting of sovereignty in return for commitments to good behaviour in multilateral frameworks such as the European Coal and Steel Community (ECSC). European integration was thus a major component in the FRG’s development from a position of dependence to one of interdependence. Independence, by contrast, was never an option after 1945, due to the strategic importance of the FRG and the unacceptability to the French of unchecked West German power.

French Feminists and the Rights of ‘Man’: Olympe de Gouges's Declarations

Abstract: For women, the legacy of the French Revolution was contradictory: a universal, abstract, rights-bearing individual as the unit of national sovereignty, embodied, however, as a man. The abstraction of a genderless political subject made it possible for women to claim the political rights of active citizens and, when denied them in practice, to protest against exclusion as unjust, a violation of the founding principles of the republic. The equally abstract gesture of embodiment the attribution of citizenship to (white) male subjects complicated enormously the project of claiming equal rights, for it suggested either that rights themselves, or at least how and where they were exercised, depended on the physical characteristics of human bodies. There is no denying the presence of bodies of the physical traits of sex and skin colour in the political debates of the French Revolution. Whether we take the conflicting opinions expressed during the writing of constitutions, the arguments about slave, mulatto or women's civic rights propounded by Barnave, Brissot, Condorcet or Robespierre, the contrasting reflections of Edmund Burke and Mary Wollstonecraft, or the minutes

The Agricultural Argument and Original Appropriation: Indian Lands and Political Philosophy

Abstract: The European appropriation of Indian land in North America has often been justified through versions of the “agricultural argument” to the effect that the Indians did not need the land and did not really own it because they did not permanently enclose and farm it. Thus the European settlers could resort to original appropriation as described in Locke's Second Treatise. This article examines the agricultural argument as exemplified in the writings of John Winthrop, John Locke and Emer de Vattel. Analysis shows that the argument is formally consistent with the premises of natural rights philosophy because it assumes the equal right of both Indians and Europeans to engage in original appropriation. But the historical record shows that the argument actually applied to only a small portion of the land acquired by the Europeans. Sovereignty is the issue that should receive further inquiry.

International law and human rights: trends concerning international migrants and refugees.

Abstract: Not with standing human rights linkages, migrants and refugees are often on the periphery of effective international protection. State sovereignty and self-regarding notions of community are used to deny or dilute substantive and procedural guarantees. Recently, even non- discrimination as a fundamental principle has been questioned, as has the system of refugee protection. This article located both migrants and refugees squarely within the human rights context, contrasting both inalienable rights with the demands of sovereignty, and juxtaposing the 2 in a context of existing and developing international standards. Migration and refugee flows will go on, and the developed world, in particular, must address the consequences - legal, humanitarian, socioeconomic, and cultural. Racism and institutional denials of basic rights daily challenge the common interest. This article shows how the law must evolve, responding coherently to contemporary problems, if the structure of rights and freedoms is to be maintained.

Indian Government: Its Meaning in Practice

Abstract: In the late nineteenth and early twentieth centuries, the "disappearing Indian" was in vogue among writers who frequently couched their concerns with the "Red man's" fate in sympathetic acceptance of the inevitable. Yet not only did the Indian fail to disappear, many organized in resistance to the ways imposed upon them. Although current Native activism is frequently dated from the impetus of the 1969 White Paper, Native people have been organizing for years in spite of the best restrictions that governments, schools and churches could apply. By 1939, the non - disappearing Indian was being recognized by the assimilative forces, gathered at a conference in Toronto on the eve of the Second World War. There, to an audience that included Native leaders (invited presumably for their own edification, since none was given opportunity to speak), government officials, educators and others concerned with overseeing their Native wards, confessed at last their failure to turn Native people into whites.(f.1)While this recognition did not visibly slow the forces of assimilation, it did play havoc with their confidence. The great wheel of time has turned, however, for now, without admitting much in the way of error, the dominant society is being forced to move from telling Native people what to do, to a position of sharing increasingly the process of decisionmaking with them. In this century, Native people have moved into an ascendency that was inconceivable only a generation ago. This change has been reflected in the rapid increase in writings about Native people by scholars from a wide range of disciplines. Moreover, Native people are producing their own written works as they assert increasingly the possession of their history.In this review, however, the emphasis is upon works dealing with the issues that the activities of Native people have forced the dominant society to address. Concepts such as land claims, self - government and aboriginal rights have entered the common parlance even as politicians, academics and the courts struggle with their precise meaning. If symbolic gestures were enough, the problems would have been solved long ago. But Native people want land; they want sovereignty; they want a meaningful voice in constitutional change; they want to be separate but equal. Such demands involve much more than alterations in the relations between the dominant society and Native groups. They involve the redefinition of the legal, constitutional, political and economic structures of the entire country. The works considered here reflect a number of approaches, multidisciplinary and ideological, to resolving these issues.On the legal front, Richard Bartlett is virtually an industry, manufacturing treatises on the law relating to aboriginal people at a prolific rate. He has been connected for years to the University of Saskatchewan's Native Law Centre, although the work under review is the first in a series based on the Canadian Water Law Project of the Canadian Institute of Resources Law in the Law Faculty at the University of Calgary. Aboriginal Water Rights is representative of his prodigious output.Compared to the questions surrounding land, little consideration has been given to the rights of Native people to water. Bartlett re - establishes the significance of this issue in, to use the Institute's words, the "major Canadian work on the subject" (i). His book is a series of arguments building inexorably toward the conclusion that aboriginal people have extensive water rights. Its encyclopaedic scope both masks and drives that agenda. Bartlett has done an enormous service in compiling the Canadian law and legislation relating to aboriginal water rights, and draws heavily as well on the much more extensive experience of the United States with this question.The American experience is significant enough, in fact, to provide shaping concepts for the organization of the Canadian material. The notions of "priority" and "paramountcy," derived from the U. …

Closing the Fairness‐Practice Gap

Abstract: “My argument in this essay is that the fairness principle can be justified on the basis of an ethical perspective that stresses the importance of consequences in judging human action, and that it has far-reaching implications not just for evaluating state policy but for the design of international institutions.” Keohane's utilitarian perspective seeks to establish generalizable principles of morality for a framework of normative moral rules by which to construct a foreign policy for international cooperation. The author argues that all governments are morally obliged to support international institutions that advocate crosscultural and global public goods to advance the fairness principle. The international community is bound by Western understandings of distributive justice, universal human rights, and indisputable national sovereignty.

The Unknown War : The Miskito Nation, Nicaragua, and the United States

Abstract: Europeans and their descendants have tried for almost half a millennium to annex the Miskito Nation, in what is currently Nicaragua. The Miskito people have been militarily invaded and occupied several times, but have not relinquished their sovereignty or territory by defeat, treaty or vote. Instead they have consistently sought to defend their nation by political and military means to expel would-be occupation forces and to establish bilateral treaties to recognize Miskito control over Miskito territory. This report includes chapters on geopolitics, their negotiations with the Sandinistas, and U.S. policy and strategy for Nicaragua as it relates to this oppressed Indian people struggling both to survive and to maintain its cultural identity in the midst of civil war.

The Development of the Community

Abstract: Much of the early impetus behind the first of the European Communities, the ECSC, emanated from two Frenchmen. Jean Monnet, who had pioneered France’s successful post-war experiment with indicative economic planning, provided much of the technical and administrative initiative and behind-the-scenes drive. Robert Schuman, the French Foreign Minister from 1948 to early 1953, acted as the political advocate. Both were ardent supporters of European unity; both believed that the OEEC and the Council of Europe — where anyone could be exempted from a decision — could not provide the impetus that was required; and both came to the conclusion that, in Monnet’s words: ‘A start would have to be made by doing something both more practical and more ambitious. National sovereignty would have to be tackled more boldly and on a narrower front.’

The Elusive State: International and Comparative Perspectives

Abstract: Introduction - James A Caporaso The State in an Era of Cascading Politics - James N Rosenau Wavering Concept, Widening Competence, Withering Colossus, or Weathering Change? War, Revolution, and the Growth of the Coercive State - Ted Robert Gurr Sovereignty - Stephen D Krasner An Institutional Perspective Radicals and the State - Gregg O Kvistad The Political Demands on West German Civil Servants Tactical Advantages Versus Administrative Heterogeneity - David Wilsford the Strengths and the Limits of the French State Minding the State -- Or a State of Mind - Bert A Rockman Issues in the Comparative Conceptualization of the State State, Local State, Context and Spatiality - Andrew Kirby a Reappraisal of State Theory Sovereignty in Historical Perspective - Janice E Thomson The Evolution of State Control Over Extraterritorial Violence China - Jeremy Paltiel Mexicanization or Reform?

Contemporary Federal Policy Toward American Indians

Abstract: Preface Introduction The Failure of American Indian Policy: History's Verdict The Constitutional Mandate on Indian Affairs and the Role of Law The Origins of Self-Determination Ideology and Constitutional Sovereignty Federal Spending and Indian Self-Determination Presidential Initiative and Indian Policy Development Congressional Advocacy in Indian Affairs The Indian Influence on Policy Development in the 1970s The Future of American Indian Politics Appendix A: Note on Method Appendix B: Landmark Indian Legislation, 1970 to 1980 Appendix C: Washington Representatives: Firms Listing Two or More American Indian Clients, Tribes, and/or Organizations in 1983 Selected Bibliography Index

The Falkland Islands As an International Problem

Abstract: Although the Falklands War of 1982 had a decisive outcome in respect to the restoration of British control, it failed to resolve the basic cause of the war, that is, the Anglo-Argentine dispute over sovereignty. Anglo-Argentine relations remain unstable, while a series of events (eg. over fishing) have emphasised the sensitive and important nature of the international problem. The dispute is of key significance to Argentina and Britain, but affects also other governments, including the USA and the EEC members, and international organisations (eg. the UN, the Non-Aligned Movement). Against such a background, this book explores and discusses various aspects of the Falklands issue. It stresses the dispute's significance as a domestic and international problem, the nature of the rival Anglo-Argentine cases for sovereignty, the development of the dispute before and after 1982, and the Falklands lobby's contribution as a pressure group, and it also pays close attention to alternatives for the future. The book shows an equal concern for the obvious and immediate problem of sovereignty and for the long term question of the geopolitical future of the South Atlantic/Antarctic region.

Transborder Cooperation, Regional Initiatives, and Sovereignty Conflicts in Western Europe: The Case of the Upper Rhine Valley

Abstract: Transborder cooperation in Western Europe has made considerable progress. Primarily because of the activities of local groups, such as the Regio Basiliensis, and the support of international organizations, such as the Council of Europe, the Upper Rhine Valley and other European border regions have succeeded in voicing their interests in afairly cohesive manner. However, the continued emphasis of national governments on sovereignty and national interests has prevented international border regions from achieving such basic goals as infrastructure integration and harmonization of environmental policy. Present forms of transborder political activity have been insufficient to overcome conflicts between regional needs and national interests. For this and other reasons, European border regions have resorted to new local economic and political initiatives to argue more forcefully for border region demands. In pooling the combined resources of its Swiss, French, and German participants, the Upper Rhine Program of Innovation might well serve as a model for this kind of regional initiative, perhaps setting a precedent for future forms of transborder political activity.