Showing papers on "Sovereignty published in 2009"

We, the People of Europe?: Reflections on Transnational Citizenship

Abstract: PREFACE vii 1 At the Borders of Europe 1 2 Homo nationalis: An Anthropological Sketch of the Nation-Form 11 Droit de cite or Apartheid? 31 4 Citizenship without Community? 51 5 Europe after Communism 78 6 World Borders, Political Borders 101 7 Outline of a Topography of Cruelty: Citizenship and Civility in the Era of Global Violence 115 8 Prolegomena to Sovereignty 133 9 Difficult Europe: Democracy under Construction 155 10 Democratic Citizenship or Popular Sovereignty? Reflections on Constitutional Debates in Europe 180 11 Europe: Vanishing Mediator? 203 NOTES 237 INDEX 283

Democracy and Other Neoliberal Fantasies: Communicative Capitalism and Left Politics

Abstract: Democracy and Other Neoliberal Fantasies is an impassioned call for the realization of a progressive left politics in the United States. Through an assessment of the ideologies underlying contemporary political culture, Jodi Dean takes the left to task for its capitulations to conservatives and its failure to take responsibility for the extensive neoliberalization implemented during the Clinton presidency. She argues that the left’s ability to develop and defend a collective vision of equality and solidarity has been undermined by the ascendance of “communicative capitalism,” a constellation of consumerism, the privileging of the self over group interests, and the embrace of the language of victimization. As Dean explains, communicative capitalism is enabled and exacerbated by the Web and other networked communications media, which reduce political energies to the registration of opinion and the transmission of feelings. The result is a psychotic politics where certainty displaces credibility and the circulation of intense feeling trumps the exchange of reason. Dean’s critique ranges from her argument that the term democracy has become a meaningless cipher invoked by the left and right alike to an analysis of the fantasy of free trade underlying neoliberalism, and from an examination of new theories of sovereignty advanced by politicians and left academics to a look at the changing meanings of “evil” in the speeches of U.S. presidents since the mid-twentieth century. She emphasizes the futility of a politics enacted by individuals determined not to offend anyone, and she examines questions of truth, knowledge, and power in relation to 9/11 conspiracy theories. Dean insists that any reestablishment of a vital and purposeful left politics will require shedding the mantle of victimization, confronting the marriage of neoliberalism and democracy, and mobilizing different terms to represent political strategies and goals.

Hierarchy in International Relations

Abstract: International relations are generally understood as a realm of anarchy in which countries lack any superior authority and interact within a Hobbesian state of nature. In Hierarchy in International Relations, David A. Lake challenges this traditional view, demonstrating that states exercise authority over one another in international hierarchies that vary historically but are still pervasive today. Revisiting the concepts of authority and sovereignty, Lake offers a novel view of international relations in which states form social contracts that bind both dominant and subordinate members. The resulting hierarchies have significant effects on the foreign policies of states as well as patterns of international conflict and cooperation. Focusing largely on U.S.-led hierarchies in the contemporary world, Lake provides a compelling account of the origins, functions, and limits of political order in the modern international system. The book is a model of clarity in theory, research design, and the use of evidence. Motivated by concerns about the declining international legitimacy of the United States following the Iraq War, Hierarchy in International Relations offers a powerful analytic perspective that has important implications for understanding America's position in the world in the years ahead.

Wars, Guns, and Votes: Democracy in Dangerous Places

Abstract: In "Wars, Guns and Votes", award-winning author Paul Collier investigates the violence and poverty in the countries at the bottom of the world economy that are home to a billion people A highly-regarded economist and expert on developing countries, Collier argues that the spread of elections and peace settlements in the world's most volatile countries may lead eventually to a brave new democratic world In the meantime, though, nasty and protracted civil wars, military coups, and failing economies will plague the bottom billion - unless national sovereignty is curtailed and economic disciplines introducedThrough innovative research and astute analysis, Collier provides an eye-opening assessment of the ethnic divisions and insecurity in the developing countries of Africa, Latin America, and Asia where the democratic process so often fails There have been many policy failures by the United States, the UK and other developed countries since the end of the Cold War, especially the reliance on pre-emptive military intervention, but Collier insists that these problems can and will be rectified He persuasively outlines what must be done to bring long-term peace and stability

Sovereign Bodies: Citizens, Migrants, and States in the Postcolonial World

Abstract: Preface vii List of Contributors ix Introduction 1 Thomas Blom Hansen and Finn Stepputat RACE, LAW, AND CITIZENSHIP Territorializing the Nation and "Integrating the Indian": "Mestizaje" in Mexican Official Discourses and Public Culture by Ana Maria Alonso 39 Violence, Sovereignty, and Citizenship in Postcolonial Peru by Finn Stepputat 61 Sovereign Violence and the Domain of the Political by Partha Chatterjee 82 DEATH, ANXIETY, AND RITUALS OF STATE Confinement and the Imagination: Sovereignty and Subjectivity in a Quasi-State Yael Navaro-Yashin 103 Naturing the Nation: Aliens, Apocalypse, and the Postcolonial State by Jean Comaroff and John L. Comaroff 120 Sovereignty as a Form of Expenditure by Achille Mbembe 148 BODY, LOCALITY, AND INFORMAL SOVEREIGNTY Sovereigns beyond the State: On Legality and Authority in Urban India by Thomas Blom Hansen 169 The Sovereign Outsourced: Local Justice and Violence in Port Elizabeth by Lars Buur 192 Above the Law: Practices of Sovereignty in Surrey Estate, Cape Town by Steffen Jensen 218 POSTCOLONIAL CITIZENSHIP IN THE EMPIRE Citizenship and Empire by Barry Hindess 241 Splintering Cosmopolitanism: Asian Immigrants and Zones of Autonomy in the American West by Aihwa Ong 257 Virtual India: Indian IT Labor and the Nation-State by Peter van der Veer 276 Inside Out: The Reorganization of National Identity in Norway ivind Fuglerud 291 Suspended Spaces--Contesting Sovereignties in a Refugee Camp by Simon Turner 312 Bibliography 333 Index 363

A Search for Sovereignty: Law and Geography in European Empires, 1400-1900

Abstract: A Search for Sovereignty approaches world history by examining the relation of law and geography in European empires between 1400 and 1900 Lauren Benton argues that Europeans imagined imperial space as networks of corridors and enclaves, and that they constructed sovereignty in ways that merged ideas about geography and law Conflicts over treason, piracy, convict transportation, martial law, and crime created irregular spaces of law, while also attaching legal meanings to familiar geographic categories such as rivers, oceans, islands, and mountains The resulting legal and spatial anomalies influenced debates about imperial constitutions and international law both in the colonies and at home This study changes our understanding of empire and its legacies and opens new perspectives on the global history of law

Great Powers and Outlaw States: Unequal Sovereigns in the International Legal Order

Abstract: The presence of Great Powers and outlaw states is a central but under-explored feature of international society. In this book, Gerry Simpson describes the ways in which an international legal order based on 'sovereign equality' has accommodated the Great Powers and regulated outlaw states since the beginning of the nineteenth-century. In doing so, the author offers a fresh understanding of sovereignty which he terms juridical sovereignty to show how international law has managed the interplay of three languages: the languages of Great Power prerogative, the language of outlawry (or anti-pluralism) and the language of sovereign equality. The co-existence and interaction of these three languages is traced through a number of moments of institutional transformation in the global order from the Congress of Vienna to the 'war on terrorism'. Relevance to contemporary political crises involving major powers and rogue states A rare historical study of international law Historical and legal analysis of wars in Kosovo and Afghanistan

The Moral Purpose of the State: Culture, Social Identity, and Institutional Rationality in International Relations

Abstract: This book seeks to explain why different systems of sovereign states have built different types of fundamental institutions to govern interstate relations. Why, for example, did the ancient Greeks operate a successful system of third-party arbitration, while international society today rests on a combination of international law and multilateral diplomacy? Why did the city-states of Renaissance Italy develop a system of oratorical diplomacy, while the states of absolutist Europe relied on naturalist international law and "old diplomacy"? Conventional explanations of basic institutional practices have difficulty accounting for such variation. Christian Reus-Smit addresses this problem by presenting an alternative, "constructivist" theory of international institutional development, one that emphasizes the relationship between the social identity of the state and the nature and origin of basic institutional practices. Reus-Smit argues that international societies are shaped by deep constitutional structures that are based on prevailing beliefs about the moral purpose of the state, the organizing principle of sovereignty, and the norm of procedural justice. These structures inform the imaginations of institutional architects as they develop and adjust institutional arrangements between states. As he shows with detailed reference to ancient Greece, Renaissance Italy, absolutist Europe, and the modern world, different cultural and historical contexts lead to profoundly different constitutional structures and institutional practices. The first major study of its kind, this book is a significant addition to our theoretical and empirical understanding of international relations, past and present.

Terror and Territory: The Spatial Extent of Sovereignty

Abstract: Political theorists tend to prioritize the temporal over the spatial. We tend to imagine states of nature before the social contract and the triumph of utopian societies after our contemporary political struggles. But politics does not simply occur between past and future, it also occurs in and over space. And recent work in political geography by scholars such as John Agnew, David Harvey, Bruce Braun and Gearoid O’Tuathail has developed sophisticated theoretical analyses of political space. I am happy to report that Stuart Elden’s Terror and Territory is an important addition to this literature, and a work that political theorists working on the concept of sovereignty must read because of its timely analysis of how spatial practices shape contemporary political logics. Elden’s work analyzes the various spatial practices enacted by both the US Government and its various rivals in the Global War on Terror. Although much recent literature on the relationship between territory and terrorism has argued that terrorism represents a de-territorialization of warfare, Elden offers us a more nuanced reading of the War on Terror as simultaneously being involved in practices of de-territorialization and re-territorialization. He looks at the territorial strategies of Islamic groups, and considers the significance of the US Government’s insistence on maintaining the territorial integrity of countries such as Iraq and Somalia. The book begins with the observation that the Latin root of the word territory is unsettled. It could be either terra – referring to land – or terr% ere – referring to frighten. Elden uses this ambiguity in the etymology of territory to explore how contemporary logics of territory are intertwined with logics of fear. As Elden suggests, if territory does have its root in terr% ere then territory could mean a place where people are frightened away from, or a space over which fear is exercised. And this definition reflects how – harking back to Weber’s definition

The Discursive Process of Legalization: Charting Islands of Persuasion in the ICC Case

Abstract: For many political observers the successful creation of the International Criminal Court (ICC) came as a surprise, as major powers, in particular the United States, had opposed the plans for the ICC. Moreover, the institutional design of the ICC entails enormous sovereignty costs for states but only uncertain benefits. An analysis of the negotiations suggests that the court's successful creation can be attributed to persuasion and discourse within negotiations, that is, a shift in states' interests. The article develops a theoretical model of institutional change that defines the conditions under which persuasion and discourse can affect collective decision making. In particular, this study attempts to show that if (traditionally) weaker actors alter normative and institutional settings of negotiations they can further the chance of persuasion and discourse.

Private Political Authority and Public Responsibility: Transnational Politics, Transnational Firms, and Human Rights

Abstract: Transnational corporations have become actors with significant political power and authority which should entail responsibility and liability, specifically direct liability for complicity in human rights violations. Holding TNCs liable for human rights violations is complicated by the discontinuity between the fragmented legal/political structure of the TNC and its integrated strategic reality and the international state system which privileges sovereignty and non-intervention over the protection of individual rights. However, the post-Westphalian transition—the emergence of multiple authorities, increasing ambiguity of borders and jurisdiction and blurring of the line between the public and private spheres—should facilitate imposing direct responsibility on transnational firms. Mechanisms for imposing direct responsibility on TNCs are considered including voluntary agreements and international law. However, I conclude that a hybrid public-private regime which relies on non-hierarchical compliance mechanisms is likely to be both more effective and consistent with the structure of the emerging transnational order.

Failed States: A Framework for Rebuilding a Fractured World

Abstract: The problems caused by weak and failed states are among the most pressing issues of our time. States in this category suffer from significant governance and economic crises resulting in what the authors term the ‘sovereignty gap.' This gap refers to the disconnect between the assumption that all states are sovereign entities and the inability of many of these states to effectively engage in governance. Governments in most weak and failed states provide citizens with few beneficial services and often act in an exploitative manner. This in turn stymies economic development. The international community has a history of intervening in weak and failed states with the aim of remedying these problems. There are few successes to show for these efforts. The central goal of this book is to assess why past interventions have failed and to provide a new framework for the future.

Taming the Sovereigns: Institutional Change in International Politics

Abstract: Many analysts claim that international politics has recently entered a new era, following the end of the Cold War and then the events of September 11th. In this book, Kalevi Holsti asks what we mean by 'change' in international politics. How do we identify it? How do we distinguish between significant and unimportant changes? Do we really live in a new era or do we see more continuity than transformation in the texture of international politics? Combining theoretical and empirical argument, Holsti investigates eight major international institutions including the state, sovereignty, territoriality, international law, diplomacy, trade and war. Having identified the types of change these institutions have undergone during the last three centuries, Holsti analyses the sources of those changes and speculates on their consequences. This is a major book, likely to have lasting influence in the study of international politics.

Responsibility to protect : the global effort to end mass atrocities

Abstract: Acknowledgements Abbreviations Introduction Chapter 1: Sovereignty and Human Rights Chapter 2: The International Commission on Intervention and State Sovereignty Chapter 3: The 2005 World Summit Chapter 4: Prevention Chapter 5: Reaction Chapter 6: Rebuilding Conclusion Notes

Contracting States: Sovereign Transfers in International Relations

Abstract: List of Illustrations and Tables ix Preface xi Chapter 1. Incomplete Sovereignty and International Relations 1 Chapter 2. A Theory of Incomplete Contracting and State Sovereignty 19 Chapter 3. Severing the Ties That Bind: Sovereign Transfers in the Shadow of Empire 48 Appendix 3.1. Overseas Basing Deployments of France and Britain since 1970 97 Chapter 4. Incomplete Contracting and the Politics of U.S. Overseas Basing Agreements 100 Chapter 5. Incomplete Contracting and Modalities of Regional Integration 142 Chapter 6. Further Applications and Conclusions 186 Bibliography 207 Index 225

Humanity as the A and Ω of Sovereignty

Abstract: The article argues that the principle of sovereignty is being ousted from its position as a Letztbegrundung (first principle) of international law. This trend is welcome. Sovereignty must and can be justified. The normative value of sovereignty is derived from and geared towards humanity that is the legal principle that human rights, interests, needs, and security must be respected and promoted. State sovereignty is not merely limited by human rights, but should be seen to exist only in function of humanity. It has thus been humanized. Consequently, conflicts between state sovereignty and human rights should not be approached in a balancing process in which the former is played off against the latter on an equal footing, but should be tackled on the basis of a presumption in favour of humanity. A humanized state sovereignty implies responsibility for the protection of basic human rights and the state's accountability. The humanization of sovereignty also suggests a reassessment of humanitarian intervention. In contrast to sovereignty, non-intervention is constitutive for the international legal order and must be upheld as a rule. Moreover, the independent principles of human rights protection and self-determination constitute additional shields against unilateral interventions. But when human rights, needs, and interests are acknowledged as the systematic and doctrinal point of departure of the legal argument, the focus is shifted from states� rights to states� obligations towards natural persons. A state which grossly and manifestly fails to discharge these duties has its sovereignty suspended. Starting off from human needs leads, in a system of multilevel governance and under the principle of solidarity, to a fall-back responsibility of the international community, acting through the Security Council, for safeguarding humanity. In that perspective, the Council has under very strict conditions the duty to authorize proportionate humanitarian action to prevent or combat genocide or massive and widespread crimes against humanity. The exercise of the veto by a permanent member in such a situation should be considered illegal or abusive. The ongoing process of a humanization of sovereignty is a cornerstone of the current transformation of international law into an individual-centred system.

Reputation and Civil War: Why Separatist Conflicts Are So Violent

Abstract: Of all the different types of civil war, disputes over self-determination are the most likely to escalate into war and resist compromise settlement. Reputation and Civil War argues that this low rate of negotiation is the result of reputation building, in which governments refuse to negotiate with early challengers in order to discourage others from making more costly demands in the future. Jakarta's wars against East Timor and Aceh, for example, were not designed to maintain sovereignty but to signal to Indonesia's other minorities that secession would be costly. Employing data from three different sources - laboratory experiments on undergraduates, statistical analysis of data on self-determination movements, and qualitative analyses of recent history in Indonesia and the Philippines - Barbara F. Walter provides some of the first systematic evidence that reputation strongly influences behavior, particularly between governments and ethnic minorities fighting over territory.

The Politics of Aid: African Strategies for Dealing with Donors

Abstract: Introduction: Aid and Sovereignty 1. Negotiating Aid 2. Aid Recipient Sovereignty in Historical Perspective 3. Understanding Contemporary Aid Relationships 4. Botswana: The African Success Story 5. Ethiopia: Retaining Sovereignty in the Face of Aid 6. Rwanda: Milking the Cow? Creating Policy Space in Spite of Aid Dependence 7. Ghana: Breaking out of Aid Dependence? Economic and Political Barriers to Ownership 8. Mali: Origins, Patterns and Limits of Donor-driven Ownership 9. Mozambique: Contested Sovereignty? The Dilemmas of Aid Dependence 10. Tanzania: A Genuine Case of Recipient Leadership in the Aid System? 11. Zambia: Back to the Future? 12. Aid and Power: A Comparative Analysis of the Country Studies Conclusion: Changing Conditions?

Globalization and Sovereignty

Abstract: Chapter 1: Globalization and State Sovereignty Chapter 2: Sovereignty Myths and Territorial States Chapter 3: Sovereignty Regimes Chapter 4: Sovereignty Regimes at Work Chapter 5: Conclusion

Claiming Rights across Borders: International Human Rights and Democratic Sovereignty

Abstract: The status of international law and transnational legal agreements with respect to the sovereignty claims of liberal democracies has become a highly contentious theoretical and political issue. Although recent European discussions focus on global constitutionalism, there is increasing reticence on the part of many that prospects of a world constitution are neither desirable nor salutary. This article more closely considers criticisms of these legal transformations by distinguishing the nationalist from democratic sovereigntiste positions, and both, from diagnoses that see the universalization of human rights norms either as the Trojan horse of a global empire or as neocolonialist intentions to assert imperial control over the world. These critics ignore “the jurisgenerativity of law.” Although democratic sovereigntistes are wrong in minimizing how human rights norms improve democratic self-rule; global constitutionalists are also wrong in minimizing the extent to which cosmopolitan norms require local contextualization, interpretation, and vernacularization by self-governing peoples.

Of scales, networks and assemblages: the League of Nations apparatus and the scalar sovereignty of the Government of India

Abstract: Whilst greatly valuing recent critiques of the vertical imaginary and reified ontology of scale theory, and of the unfettered flows of network theory, this paper argues against a human geography without scale. Rather, four propositions from the theoretical literature are used to provide a tool-kit to analyse the practical negotiation of scalar politics, namely that: scales should be considered as effects, not frames or structures, of practice; networks must be considered in all their complexity and heterogeneity; networks can be interpreted as assemblages, the more re-territorialising and re-scaling of which can be analysed as apparatuses; and that state apparatuses work to create the impression that scales are ahistorical, hierarchical and possess exclusive relationships. These propositions are used to explore a period of history when the scalar constitution of the world was under intense debate. The interwar era saw the imperial scale clash with that of the international, both as ideological worldviews, and as a series of interacting institutions. The assemblages of internationalism and imperialism were embodied by apparatuses such as the League of Nations and the colonial Government of India respectively. Attempts by the League to encourage the abolition of tolerated brothels in an attempt to reduce the trafficking of women and children led to intense debates between the 1920s and 1930s over what constituted the legitimate domains of the international and the ‘domestic’. These explicitly scalar debates were the product of League networks that threatened the scalar sovereignty of the Raj, most directly through the travelling Commission of Enquiry into Traffic in Women and Children in the East in 1931.

The Rise of Postcolonial States as Donors: a challenge to the development paradigm?

Abstract: The idea of development co-operation—the ‘development paradigm’—took shape during the decades of global decolonisation and growing political autonomy of the former colonies. It can be understood as a historic reconfiguration of the centre–periphery relationship originally established through colonisation. The rise of new state donors such as China or India questions not only the established modes of development co-operation but also the development paradigm as a whole. Themselves historical products of anti-colonialism and political autonomy understood as non-alignment as well as absolute sovereignty, these new ‘Southern’ donors question the very idea of development (co-operation) as a Western, postcolonial concept. This paper, first, attempts to characterise the ‘development paradigm’, providing a historical contextualisation of the development discourse in its continuities and ruptures. Second, it asks what the rise of new state donors such as China and India looks like at the political–normati...

National Incorporation of Global Human Rights: Worldwide Expansion of National Human Rights Institutions, 1966–2004

Abstract: Using an event history framework we analyze the adoption rate of national human rights institutions. Neo-realist perspective predicts adoption rates to be positively influenced by favorable national profiles that lower the costs and make it more reasonable to establish these institutions. From a world polity perspective adoption rates will be positively influenced by a world saturated with human rights organizations and conferences, by increasing adoption densities, and by greater linkages to the world polity. We find support for both perspectives in the analysis of the human rights commission. Only the changing state of the world polity is consequential for the founding of the classical ombudsman office. We discuss the national incorporation of international human rights standards and its relevance to issues of state sovereignty and national citizenship.

Sovereignty, Territory, and the Mapping of Mobility: A View from the Outside

Abstract: Theorists within and beyond the discipline of geography increasingly realize that boundaries are not simply lines that enclose and define territories. Boundaries also regulate and are reproduced by...

Sovereignty@Bay: Globalization, Multinational Enterprise, and the International Political System

Abstract: Document Type Journal Article Date of this Version 2009 Publication Source The Oxford Handbook of International Business (2 ed.) DOI 10.1093/oxfordhb/9780199234257.003.0007 Abstract This article is concerned with only one aspect of the vast literature on MNE–state relations: the impact of the MNE on sovereignty, autonomy, and control. It argues that the mainstream literature of the sovereignty at bay era did not predict the end of the nation-state or conclude that sovereignty is critically compromised either in theory or practice. In fact, while the terms ‘sovereignty’, autonomy', and ‘control’ appear frequently in these discussions, they are rarely defined or even used precisely. At the end of the day MNEs are international or cross-border entities which are of the existing inter-state system firmly rooted in national territorial jurisdiction. The problems posed by the traditional MNE for both states and the inter-state system tend to involve issues of jurisdictional asymmetry, jurisdictional overlap and control, rather than sovereignty in its formal sense. The hierarchical or Fordist structure of the traditional MNE reinforces the core values of the modern international political system: state sovereignty and mutually exclusive territoriality. Copyright/Permission Statement This is a pre-copyedited, author-produced PDF of an article accepted for publication in The Oxford Handbook of International Business following peer review. The version of record is available online at: http://www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780199234257.001.0001/oxfordhb9780199234257-e-007.

Security and Migration in the 21st Century

Abstract: Acknowledgements vi 1 Understanding security and migration in the twenty-first century 1 2 Migration, citizenship and the state 29 3 Migration, expulsion and the state 47 4 Armed conflict, flight and refugees 68 5 Migration, torture and the complicit state 87 6 Migration and data: documenting the non-national 108 7 Economy and migration 132 8 Foreigners, trafficking and globalization 155 9 Sovereignty, security and borders 176 Notes 192 Bibliography 199 Index 211

Non-State Armed Actors, New Imagined Communities, and Shifting Patterns of Sovereignty and Insecurity in the Modern World

Abstract: In a world of growing security challenges, non-state armed actors have captured significant attention from scholars concerned with regime stability and the consolidation of national states. But the preoccupation with national political dynamics has eclipsed the study of non-state armed actors who struggle to secure economic dominion, and whose activities reveal alternative networks of power, authority, independence, and self-governance unfolding on a variety of territorial scales both smaller and larger than the nation-state. With a focus on actors as wide-ranging as private police, gangs, and mafias, this article charts the proliferation and significance of non-state armed action structured around economic activities, and assesses the nature of violence and insecurity generated by these activities in comparison to more conventional politically oriented non-state action. Drawing evidence primarily from middle-income countries of the global south, where political regimes are relatively more stable but a wi...

Africa: Unity, Sovereignty, and Sorrow

Abstract: UNITY. ""I'm Still Standing"": Africa's Territorial Resilience. Unaltered States: Inertia and Nationalism. SOVEREIGNTY. The Domestic Currency of International Sovereignty. The Calculus of Compliance. Separatist Illusions and Sovereignty Variations. SORROW. The Politics of Patriotism, Polarization, and Poverty. Beyond Sovereignty Fetishism: Rational Policy Fantasies.