Showing papers on "Sovereignty published in 1993"

Human rights, principled issue-networks, and sovereignty in Latin America

Abstract: International relations theorists have devoted insufficient attention to the processes through which state sovereignty is being transformed in the modern world. The human rights issue offers a case study of a gradual and significant reconceptualization of state sovereignty. In the human rights issue-area, the primary movers behind the international actions leading to changing understandings of sovereignty are transnational nonstate actors organized in a principled issue-network, including international and domestic nongovernmental organizations, parts of global and regional intergovernmental organizations, and private foundations. These networks differ from other forms of transnational relations in that they are driven primarily by shared values or principled ideas. Through a comparative study of the impact of international human rights pressures on Argentina and Mexico in the 1970s and 1980s, this article explores the emergence and the nature of the principled human rights issue-network and the conditions under which it can contribute to changing both state understandings about sovereignty and state human rights practices.

Identity, Migration and the New Security Agenda in Europe

Abstract: This book argues that threats to ethno-national identity are replacing military concerns as the central focus of European insecurity. In Western Europe societal insecurity has replaced state sovereignty as the key to success or failure of European integration pushing concerns about identity and migration to the top of the political agenda and profoundly dividing peoples from their leaderships. In the East national identity has become the mainspring of post-Soviet political reorganisation raising a host of boundary and minority problems. The interplay of these societal insecurities in West and East will determine both the political shape and stability of Europe for the next generation as well as the future of Europes relations with its Islamic periphery. (EXCERPT)

From a Native Daughter: Colonialism and Sovereignty in Hawai'I

Abstract: This revised text includes material that builds on issues and concerns raised in the first edition. It explores issues of native Hawaiian student organizing at the University of Hawaii, the master plan of the native Hawaiian self-governing organization Ka Lahuni Hawaii and its platform on the four political arenas of sovereignty, the 1989 Hawaii declaration of the Hawaii ecumenical coalition on tourism, and a typology on racism and imperialism. Brief introductions to each of the essays bring them up to date and situate them in the native Hawaiian rights discussion.

Beyond the Sovereign State

Abstract: A different view would be that sovereignty and sovereign states, and the inexorable linkage of law with sovereignty and the state, have been but the passing phenomena of a few centuries that their passing is by no means regrettable. This will be the view stated in the present lecture. The order of presentation will be through consideration of some connected points. The first one is to locate sovereignty and the theory of sovereign statehood in the setting of legal theory, showing how developments in European Community law raise difficulties for some standard positions in legal theory. The second point is to proceed into some fresh conceptual analysis of sovereignty and statehood, moving forward from the juristic inheritance. The third is to discuss some consequences of a belief in Sovereign Statehood. The difference between the predominantly legal and the predominantly political conception of sovereignty now appears.

Political Theory Today

Abstract: Introduction: David Held. 1. Political Obligation: John Dunn. 2. Equality and Liberty: Must They Conflict? Steven Lukes. 3. Gender, the Public and the Private: Susan Moller Okin. 4. The Theory of Property: Andrew Reeve. 5. The Possibility of Rational Politics: Jon Elster. 6. Democratic Institutions and Moral Resources: Claus Offe. and Ulrich K. Preuss. 7. Forms of Representation and Systems of Voting: Iain McLean. 8. Democracy, the Nation State and the Global System: David Held. 9. Sovereignty and Morality in International Affairs: Charles Beitz. 10. Violence, War and the Rule of Law in the International Community: Antonio Cassese. 11. Transnational Justice: Onora Oa Neill. 12. The State and Development: Samir Amin. 13. The Concept of the Political: Agnes Heller. Index.

The Imperial Harem: Women and Sovereignty in the Ottoman Empire

Abstract: The unprecedented political power of the Ottoman imperial harem in the sixteenth and seventeenth centuries is widely viewed as illegitimate and corrupting. This book examines the sources of royal women's power and assesses the reactions of contemporaries, which ranged from loyal devotion to armed opposition. By examining political action in the context of household networks, Leslie Peirce demonstrates that female power was a logical, indeed an intended, consequence of political structures. Royal women were custodians of sovereign power, training their sons in its use and exercising it directly as regents when necessary. Furthermore, they played central roles in the public culture of sovereignty-royal ceremonial, monumental building, and patronage of artistic production. The Imperial Harem argues that the exercise of political power was tied to definitions of sexuality. Within the dynasty, the hierarchy of female power, like the hierarchy of male power, reflected the broader society's concern for social control of the sexually active.

To Make a Nation: The Rediscovery of American Federalism

Abstract: Introduction: The National Idea in American Politics A. The Promise of Nationhood B. The Trial of Sectionalism C. The Impact of Industrialism D. The Challenge of Racism E. Federalism and Political Theory PART 1:FROM HIERARCHY TO REPUBLICANISM 1. The Rule of the Wise and the Holy: Thomas Aquinas A. The Ontology of Inequality B. Value, Utility, and Authority C. Hierarchies of Virtue and Grace D. Federalism from the Top Down E. The Enchanted World F. Deference to the Divine Likeness G. Old Tory Politics 2. The Idea of the National Republic: John Milton A. The Masterless Man B. Government by Discussion C. Elite and People D. Nation and Purpose 3. A Constitution for the National Republic: James Harrington A. The Dilemma of Scale: Machiavelli B. Constitutionalism and the Public Interest C. Representation from the Bottom Up D. The Machinery of Rational Deliberation E. Federalism for Utility or for Liberty? F. A Commonwealth for Increase PART 2:THE NATIONAL AND REPUBLICAN REVOLUTION 4. The Conflict of Ideas A. Edmund Burke and the Old Whig Constitution B. Blackstone and Sovereignty C. Benjamin Franklin and National Purpose 5. The Decade of Agitation A. Actual vs. Virtual Representation B. The Parliamentary Option C. The Federal Option D. Imperial Federalism E. Liberty vs. Union 6. The Discovery of the Nation A. How the Congress Was Chosen B. How the Congress Governed C. How the States Were Created D. Tom Paine's National and Federal Republic PART 3:THE NATIONAL AND REPUBLICAN CONSTITUTION 7. Montesquieu's Confederate Republic A. The Structure B. The Mechanics C. The Confederate Republic in America D. The Anti-Federalist Case 8. Madison's Compound Republic A. Critique of Compact Federalism B. The New Legitimacy C. Critique of the Small Republic Theory D. Justice and the Public Interest E. Government by Discussion: Hume F. Government by Discussion: Madison G. Toward Power and justice 9. Auxiliary Precautions A. Representation B. Separation of Powers C. Why Have States? D. The People as Common Superior E. The Control of Faction 10. Sovereignty and Ratification A. How the Constitution Was Ordained B. Madison's Gap C. The National Solution D. Joseph Story's Classic Exposition E. Critique of Article VII F. Sovereignty, the Constitution, and Democracy 11. James Wilson's Social Union A. Purpose, Medieval and Modern B. The Four Great Objects C. The Fragility of Reason E. Participation and Public Affection F. The Social Passion G. Public Affection and Federalism Conclusion: Liberty and Union A. Strong Democracy B. Constitutionalism for Self-Government C. Federalism and Liberty D. Radicalism and Prudence Notes References Index

Coexistence in Wartime Lebanon: Decline of a State and Rise of a Nation

Abstract: Conflict regulation and crises in multi-communal states - the proliferation of multi-communal states in the 20th century the "Lebanese Model" - coexistence in pre-war Lebanon the clouding horizon - non-Lebanese factors of conflict danse macabre 1975-1988 - parties, masks and steps violence without victory - forms, costs and consequences of war foxes and lions - politicians and militia - leaders' perceptions of conflict coexistence in war - attitudes and opinions of economically active Lebanese 1981-1987 a revocable covenant - a preliminary synopsis the disintegration of the state - the road to dependence, 1988-1990 the two faces of the second republic - trappings of sovereignty, 1990-1992 the emergence of a nation - epilogue and conjectures.

Aid, Debt, and the End of Sovereignty: Mozambique and Its Donors

Abstract: By the World Bank's reckoning, Mozambique is the poorest country in the world, with a gross domestic product per capita of approximately 60 in 1990, almost double the figure for sub-Saharan Africa, as may be seen from Table I.

The Waning of the Sovereign State: Towards a New Paradigm for International-Law?

Abstract: The concept of an international community made up of sovereign States is the basis of our intellectual framework for international law. A look at history, however, tells us that conceptions of world order have by no means always been shaped by the model of sovereign co-equal actors with a territorial basis. Although there are old historical precedents for relations between territorial communities on an equal footing, the imperial conceptions of Roman times and of the Middle Ages were based on entirely different ideas. They were strongly hierarchical and paralleled religious or secular concepts of subordination and dependence. Sixteen forty-eight, the year of the Peace of Westphalia, is usually given as the decisive date for the transition from the vertical imperial to the horizontal inter-State model.' Needless to say, in historical terms this is an oversimplification. The Empire existed until 1806 and the process towards sovereign equality was gradual. It culminated with the collapse in the early twentieth century of the Austro-Hungarian and Ottoman Empires, and the displacement of the Concert of Europe as the most important international arena by an open global community of States. Colonialism was not really a deviation from this movement The existence of different forms of social organization in other parts of the world was a welcome excuse for European powers with colonial ambitions to deny statehood to these communities and to annex the territory inhabited by them. Decolonization consisted basically of the extension of European political structures to these

Information Technology Law

Abstract: Introduction. The control of information: privacy, data protection and national sovereignty. Criminal aspects of computer usage. Intellectual property rights in software. Liability for defective software. Evidence and legal status of computer generated information.

The Prince and the Law, 1200-1600: Sovereignty and Rights in the Western Legal Tradition

Abstract: The power of the prince versus the rights of his subjects is one of the basic struggles in the history of law and government. In this masterful history of monarchy, conceptions of law, and due process, Kenneth Pennington addresses that struggle and opens an entirely new vista in the study of Western legal tradition. Pennington investigates legal interpretations of the monarch's power from the twelfth to the seventeenth century. Then, tracing the evolution of defendants' rights, he demonstrates that the origins of due process are not rooted in English common law as is generally assumed. It was not a sturdy Anglo-Saxon, but, most probably, a French jurist of the late thirteenth century who wrote, "A man is innocent until proven guilty." This is the first book to examine in detail the origins of our concept of due process. It also reveals a fascinating paradox: while a theory of individual rights was evolving, so, too, was the concept of the prince's "absolute power." Pennington illuminates this paradox with a clarity that will greatly interest students of political theory as well as legal historians.

Political Discourse in Early Modern Britain

Abstract: Preface Part I: 1. George Buchanan and the Anti-Monarchomachs J. H. Burns 2. The ancient constitution revisited William Klein 3. Arminianism: the controversy that never was William Lamont 4. Scienta civilis in classical rhetoric and in the early Hobbes Quentin Skinner Part II: 5. Parliamentary sovereignty: a very English absolutism Michael Mendle 6. The civil religion of Thomas Hobbes Richard Tuck 7. The rapture of motion: James Harrington's republicanism Jonathan Scott 8. Casuistry to Newcastle: The Prince in the world of the book Conal Condren Part III: 9. Between Lambeth and Leviathan: Samuel Parker on the Church of England and political order Gordon J. Schochet 10. Priestcraft and the birth of Whiggism Mark Goldie 11. The right to resist: Whig resistance theory in the Revolution of 1688-9 Lois G. Schwoerer 12. Placing the Two Treatises James Tully Part IV: 13. Shaftesbury, politeness and the politics of religion Lawrence Klein 14. Propriety, property and prudence: David Hume and the defence of the revolution Nicholas Phillipson 15. The rhapsody of public debt: David Hume and the voluntary state bankruptcy Istvan Hont 16. Universal monarchy and the liberties of Europe: David Hume's critique of an English Whig doctrine John Robertson Part V: 17. A discourse of sovereignty: observations on the work in progress J. G. A. Pocock A bibliography of the writings of J. G. A. Pocock Index.

Professionalism, Democracy, and Discursive Communities: Normative Reflections on Restructuring

Abstract: This paper examines two normative interpretations, professionalism and democracy, for recent work that argues against bureaucratic control of schooling and in favor of such reforms as decentralized management, a team approach to school operation, and more autonomy for teachers. It argues that a democratic conception is both distinguishable from and preferable to a conception of teachers as professionals. However, this view can only be sustained by an understanding of democracy that emphasizes discursive decision making in local educational communities and deemphasizes the location of political sovereignty in legislative bodies.

Politics Without Principle: Sovereignty, Ethics, and the Narratives of the Gulf War

Abstract: War Stories Black and White Washed in Shades of Gray I Washed in Shades of Gray II Sustaining Sovereignty and the Politics of Principle The Ethics of Anarchy.

The Precarious Balance

Abstract: No phenomenon in Taylor’s lifetime affected him so profoundly as did the Cold War, which dominated international relations after 1945. In consequence, he was inspired to write at length about European diplomatic relations during a period when the European states were still sovereign. The rationale was obvious. The Cold War engaged the two post-war superpowers, the United States and the Soviet Union, with Britain as poor relation to America and the European continent caught in the middle. The subordination of both Britain and Europe to the superpowers, and in such a hateful context, disturbed Taylor to his bones. The Cold War ‘devastated my life’, he wrote later, adding that he had ‘dreamt of a Europe that would be free from both America and Russia’.1

The Scope and Limits of Preference Sovereignty

Abstract: Economists use tastes as a source of information about personal welfare and judge the effects of policies upon preference satisfaction; neoclassical welfare economics is the analytical embodiment of this preference sovereignty norm. For an initial distribution of wealth, the welfare-maximizing outcome is the one that exhausts all possible gains from trade. Gains from trade are defined relative to fixed ordinal preferences. This analytical apparatus consists of both the Pareto principle, which implies that externality-free voluntary trades increase welfare, and applied costbenefit analysis, which attempts to weight costs and benefits when evaluating policies that are not Pareto improvements.

Human Rights, Humanitarian Intervention, and World Politics

Abstract: International law, and the world politics that creates and sustains it, has increasingly manifested a tension between the primacy of state sovereignty and other values that would challenge that primacy.' One of those challenging values is individual human rights. A persistent question is receiving renewed attention at the end of the twentieth century: is the international community entitled to override state sovereignty in the interest of protecting persons? United Nations action concerning Iraqi Kurds during 1991-1992 is but one manifestation of this renewed tension between state sovereignty and human rights. Situations demanding intervention to protect persons present a number of fundamental questions. For human rights violations occurring materially within a territorial state, what principle prevails: state sovereignty, or the international community's interest in protecting human rights? How is the community interest to be manifested, by nonforcible or also forcible measures, and by whom executed, states or international organizations? Which internationally recognized rights, if any, might seem to qualify for international forcible protection? In this essay we focus on what has been traditionally called humanitarian intervention. We examine the legal status of the claimed prerogative of a foreign actor to use force within the territorial jurisdiction of a state, without the consent of the ruling authority, to ameliorate or terminate violations of internationally recognized human rights. This is not a technical legal question, if properly understood. It is a fundamental political question about authority in world politics. In an era of rhetoric about a "New World Order," this Gordian knot has taken on renewed importance. Brian Urquhart, an experienced former United

Recent trends in the international relief system.

Abstract: Since 1991 the international relief system has been undergoing a process of rapid and fundamental change associated with the end of the Cold War period. The principal changes concern (i) the international community's approach to national sovereignty and the 'right' of armed intervention in support of humanitarian objectives, and (ii) organisatwnal changes aimed at improving the coordination and effectiveness of the response by donor organisations and the United Nations. This paper describes these changes and attempts to place them in the context of earlier trends within the international relief system, notably the enhanced role of non-governmental organisations, which occurred during the 1980s.

Reading 'Adam Smith': Desire, History, and Value

Abstract: Chapter 1 Sovereignty and Exchange in the Orders of Modernity Chapter 2 History and Value Chapter 3 The Social Bond

Retrospectives: Consumer Sovereignty

Abstract: The term "consumer sovereignty" is usually traced to William Harold Hutt and his 1936 book Economists and the Public: A Study of Competition and Opinion. Hutt paid only passing attention to the maximization of consumer welfare or the achievement of market efficiency. He was stalking different game. For him, the basic issues revolved around the exercise of power in a free society and those issues concerned sovereignty. Why should consumers be given such great power in determining the allocation of resources and the course of production? Hutt's major argument for consumer sovereignty centered on its role in promoting political and social stability. It is unlikely that Hutt's defense of consumer sovereignty will be embraced by the economics profession in the near future. It received only passing attention when first propounded and has largely disappeared from active discussion. Yet I would argue that his approach has a most interesting message.

Nation Against State: A New Approach to Ethnic Conflicts and the Decline of Sovereignty

Abstract: A work entitled Nation Against State could be expected to address religion, culture, language, and the roots of nationalism. I wish to advise the reader that this book turns in a different direction; it develops instead innovative approaches for contending with brutal conflicts waged in the name of nationhood. The prevailing doctrines of statecraft currently invoked in efforts to check these conflicts evolved in an age when the scourge of war arose between states rather than within them. The basic conflicts that now threaten international peace have little in common with those that arose during the heyday of fascism and communism, when the nation-state reigned supreme. The dominant norms of international law and diplomacy are ill adapted to coping with the kind of strife that has erupted in Yugoslavia and in the Caucasus and that could become common elsewhere in Eurasia.

Narrative of commercial life: Consumption, ideology, and community on the eve of the American

Abstract: O AN the eve of Independence, Americans interpreted imperial politics in highly unusual ways. Indeed, historians of the Revolution report that colonists-even educated leaders of church and state enthusiastically endorsed conspiratorial forms of thought.' The popular appeal of such forms of explanation is not surprising. After all, mid-eighteenth-century Americans had to make sense of rapidly changing economic and political conditions for which there was no precedent in their experience. Parliament aggressively asserted its sovereignty by taxing the colonists at about the same time that a flood of British manufactured items transformed the American marketplace. When Stephen Hopkins, Rhode Island's governor, surveyed the relation of the colonies to an expanding empire in I765, he concluded, as did many contemporaries, that "the scene seems to be unhappily changing."2 Uneasy perceptions of this sort provoked a creative cultural response. Americans such as Hopkins interpreted for themselves and for their neighbors as best they could the mysterious engines of political and economic transformation. Drawing on the language and beliefs of ordinary people, they told stories that helped situate Americans within an unstable world that had rendered problematic much that they took for granted about provincial society. Some of the tales invented during this period serve as apposite illustrations of a dependent culture struggling to control

Indigenous Peoples and Self Determination: Challenging State Sovereignty

Abstract: This paper aims to directly address the barriers to the legal recognition of the right of self-determination for indigenous peoples in the hope they can be overcome. The author argues that the ultimate barrier currently posed is the concept of sovereignty currently understood and applied by states, specifically that no right of self-determination is recognized in international law due to a clash with the world system of state sovereignty. The author presents the idea of developing a theory that allows for justification and argument based on the interests of those involved, believing a paradigm shift would allow the claims of indigenous peoples to be seriously considered as claims to political organization and state identity.

International Politics and National Liberation: ZANU and the Politics of Contested Sovereignty in Zimbabwe

Abstract: Since its independence in 1980, Zimbabwe has emerged as one of the principal forces in African international relations. Harare, the capital, has emerged as a major diplomatic center and Zimbabwe has served in major leadership positions, both at the United Nations, where, only two years after independence it was unanimously elected to the Security Council, and in the Non-Aligned Movement, which Zimbabwe was selected to chair in 1986. In this capacity, and as a member of the Commonwealth, Zimbabwe actively participated in the decolonization of Namibia and has actively lobbied the international community for comprehensive sanctions against South Africa. Unlike other newly independent states in Africa, the government of Robert Mugabe brought with it a long heritage of activity in international affairs. This pattern of international activity by Mugabe's party, the Zimbabwe African National Union (Patriotic Front)commonly referred to as ZANU(PF)2-grew out of its pursuit of a protracted, mass-based, and internationally supported armed struggle for independence. Thus, to understand the foreign policy of Zimbabwe, it is necessary to examine the international activities of ZANU prior to independence, when it was a liberation movement. It is precisely this link between liberation movements, sovereignty and foreign policy which is the focus of this study. Such an approach not only enables us to expand our notion of sovereignty, but also enables us to develop new approaches to the comparative study of African and third world foreign policy. This study is divided into three sections. The first examines the international and domestic dimensions of juridical and empirical sovereignty and provides a theoretical framework for the study of the international activities of liberation movements. The second section examines the evolution of the international activities of ZANU which are divided into four phases: ZANU's initial thrust into a hostile international arena (1963-68); the emergence and impact of international alliances, particularly with the People's Republic of China (PRC) (1968-74); the impact of changing regional interests (1974-76); and

Political theory, international relations, and the ethics of intervention

Abstract: Acknowledgements - Notes on the Contributors - Introduction: Intervention and State Sovereignty in the International System I.Forbes & M.Hoffman - PART 1: DEFINITIONS AND DILEMMAS - Recent Literature on Intervention and Non-Intervention R.Little - Intervention and the Limits of International Law A.Carty - Intervention, Non-Intervention and the Construction of the State C.Navari - Intervention and Moral Dilemmas P.Johnson - PART 2: THEORETICAL PERSPECTIVES - Realism, International Anarchy and Intervention L.McCarthy - The Pragmatic Case Against Intervention C.Thomas - The Justifications for Intervention: Needs before Contexts R.Plant - Intervention and Virtue B.Paskins - Beyond Non-Intervention J.Vincent & P.Wilson - PART 3: HARD CASES - Confronting Moral Dilemmas in an Amoral World: The Non-State of Lebanon and Israeli Interventionism A.Sadeghi - Vietnam's Intervention in Kampuchea: The Rights of State v The Rights of People M.Leifer - Legitimate Intervention and Illegitimate States: Sanctions Against South Africa J.Hoffman - Non-Intervention, Self-Determination and the New World Order J.Mayall - PART 4: THEORETICAL DEPARTURES - Contextuality, Interdependence and the Ethics of Intervention N.Rengger - Agency, Identity and Intervention M.Hoffman - Beyond the State I.Forbes - Index

Multinationals in the Global Political Economy

Abstract: Preface L.Eden & E.Potter - Notes on the Contributors - Thinking Globally, Acting Locally: Multinationals in the Global Political Economy L.Eden - Sovereignty at Bay Twenty Years After R.Vernon - Bringing the Firm back in: Multinationals in International Political Economy L.Eden - Governments and Multinational Enterprises: From Confrontation to Co-operation? J.H.Dunning - Drawing the Border for a Multinational Enterprise and a Nation State? A.M.Rugman - Big Business and the State S.Strange - TNCs in the Third World: Stability or Discontinuity? R.Kaplinsky - Multinationals and Developing Countries: Some Issues for Research S.Lall - The Competitiveness of Countries and Their Multinational Firms M.Blomstr m & R.E.Lipsey - No Entry: Sectoral Controls on Incoming Direct Investment in the Developed Countries R.T.Kudrle - Marketing Strategies to attract Foreign Investment L.T.Wells Jr & A.G.Wint - Bibliography - Indexes