The Sovereign State and the Right to Secede. Historical Examples and Theoretical Reasons Concerning the Benefits of Political Regulation

The article deals with the problems of patriotism education in Kazakhstan, associated with the radical socio-economic transformations taking place in the world and in our country. All these changes have caused great changes in the public consciousness and spiritual life of society. With the acquisition of Kazakhstan's status as a sovereign state, the education of patriotism among the younger generation requires a special approach and interpretation, in consequence of the multinational nature of this state. It is necessary to form the right attitude to their Homeland and this should engage society, as patriotism is not inherent in the genes, it is not hereditary, and social quality. Love for the Motherland is the deepest of human feelings, which are the spiritual Foundation of social and state development. Patriotism can become a criterion for assessing the essence and the whole life of a person. Patriotism is presented as a form of axiological development of personality.

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States, Secessionist Movements, and the International Recognition Regime

10.7591/cornell/9781501754746.003.0002 ◽

2021 ◽

pp. 11-29

Author(s):

Ryan D. Griffiths

Keyword(s):

Two Dimensions ◽

Admission Process ◽

Sovereign State ◽

Legal Norms ◽

Playing Field ◽

Independence Movement ◽

International Recognition ◽

Rules And Principles ◽

The Right ◽

Over Time

This chapter maps out the strategic playing field to better understand the sovereignty game. It analyses the process by which an independence movement becomes a sovereign state and the rules that guide the behavior of secessionists. The chapter then defines states and secessionist movements, and outlines their relationship to one another. It examines the international recognition regime by defining it as the evolving body of international legal norms, rules, and principles that determine when an applicant nation has the right to withdraw from an existing state and become a recognized independent sovereign state. The chapter discusses how and why the regime works, how it evolves over time, and highlights the competing normative demands that sit at the heart of the regime. Using the literature on sovereignty and international law, as well as interviews with UN officials, the chapter specifies the admission process for becoming a recognized sovereign state, and the perceived pathways it creates. It further explains two dimensions of statehood that are important for the theoretical framework of the study. One dimension pertains to the inwardly focused function of the state and its ability to provide political order. The other dimension is outwardly focused and calls attention to recognition by other states.

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“A Globe within Him”

Writing Human Rights ◽

10.5749/minnesota/9780816697069.003.0004 ◽

2017 ◽

Author(s):

Crystal Parikh

Keyword(s):

Human Security ◽

Foreign Student ◽

Sovereign State ◽

State Authority ◽

Convention Against Torture ◽

The Right

Chapter Three examines Susan Choi’s novel The Foreign Student and the UN Convention Against Torture together to educe a formulation of the “right to the security of person.” It demonstrates how the right to human security deconstructs the sovereign state authority by which war and torture “work over” the vulnerable body in pain.

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Prosecuting Piracy at the High Seas: the Experience of Malaysia

IIUM Law Journal ◽

10.31436/iiumlj.v26i2.378 ◽

2018 ◽

Vol 26 (2) ◽

pp. 307

Author(s):

Muhammad Hameedullah Md Asri ◽

Md Khalil Ruslan

Keyword(s):

International Law ◽

Geneva Convention ◽

Legal Framework ◽

International Treaties ◽

Sovereign State ◽

High Court ◽

United Nations Convention ◽

The Law ◽

To Come ◽

The Right

The development of the law on piracy under two major international treaties; the Geneva Convention, 1958 and the United Nations Convention on the Law of the Sea, 1982 has witnessed great acceptance and application of the law with many coastal states have crafted specific anti-piracy law as a manifestation of their commitments to the international treaties. However, up until today, Malaysia has yet to come out with a single and unified statute against piracy despite being a member to both treaties. The law is scattered in a different set of documents and carried out by various agencies that are responsible to each respective law. It is argued that given this is the position in Malaysia, the prosecution of piracy would be a critical problem for the law enforcement. In this paper, we address this concern by looking at both Malaysian legal framework as well as the experience of the country against international piracy, particularly the case of Bunga Laurel. The findings suggest that there are more than twenty Acts that might be used against piracy. As a sovereign state under the international law, Malaysia also has the right to resort to principles of international law for the apprehension and prosecution of high sea pirates. To this effect, the case of Bunga Laurel has really manifested the successful application of Malaysian law by the High Court of Malaya against international piracy. The paper concludes that the absence of a single anti-piracy law is not necessarily an obstacle, but instead an advantage with great choice of law available for the prosecution in this country.

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Nationalism: A Border–Making Ideal

KMC Research Journal ◽

10.3126/kmcrj.v3i3.35717 ◽

2019 ◽

Vol 3 (3) ◽

pp. 100-108

Author(s):

Pradip Kumar Giri

Keyword(s):

Contemporary Literature ◽

Political Community ◽

Nation State ◽

Political Movement ◽

Sovereign State ◽

Shared History ◽

Boundary Making ◽

Qualitative Technique ◽

The Right ◽

Common Destiny

In this research article, my purpose and goal will be to show nationalism as a border-constructing ideal. Various different types of nations and nationalities, divide humans in different nationality groups. Nationalism, as a term, refers to a doctrine or political movement that holds a nation, usually defined in terms of ethnicity or culture, has the right to constitute an independent or autonomous political community based on a shared history and common destiny. In the true sense, nationalism does not cover all humans but just a community in which people share common history, culture and so on. It is concerned mainly with the creation of a state and its maintenance and strengthening. It can be understood as a political program that sees creation and maintenance of a fully sovereign state owned by a given ethno-national group, people or nation, as a major duty of each member belonging to the group. This article incorporates the ideas and theoretical insights of various theorists/writers towards nationalism. I introduce nationalism, discuss, very briefly, the seven types of nationalism presented in contemporary literature, present an overview of ‘nation,’ ‘ state’ and ‘nation-state,’ and draw the conclusion that nationalism is a boundary making ideal. I use qualitative technique in preparing this article prove my claim that nationalism makes wall and divides people in different groups.

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Improvising “Nonexistent Rights”: Immigrants, Ethnic Restaurants, and Corporeal Citizenship in Suburban California

Social Inclusion ◽

10.17645/si.v7i4.2305 ◽

2019 ◽

Vol 7 (4) ◽

pp. 79-89 ◽

Cited By ~ 1

Author(s):

Charles T. Lee

Keyword(s):

Right To The City ◽

Spatial Politics ◽

Sovereign State ◽

City Life ◽

Urban Citizenship ◽

Political Implications ◽

The Right ◽

Neoliberal Restructuring ◽

Democratic Transformation ◽

The City

Building on Henri Lefebvre’s radical concept of “right to the city,” contemporary literatures on urban citizenship critically shift the locus of citizenship from its juridical-political foundation in the sovereign state to the spatial politics of the urban inhabitants. However, while the political discourse of right to the city presents a vital vision for urban democracy in the shadow of neoliberal restructuring, its exclusive focus on democratic agency and practices can become disconnected from the everyday experiences of city life on the ground. In fact, in cities that lack longstanding/viable urban citizenship mechanisms that can deliver meaningful political participation, excluded subjects may bypass formal democratic channels to improvise their own inclusion, belonging, and rights in an informal space that the sovereign power does not recognize. Drawing on my fieldwork in the Asian restaurant industry in several multiethnic suburbs in Southern California, this article investigates how immigrant restaurant entrepreneurs, workers, and consumers engender a set of “nonexistent rights” through their everyday production and consumption of ethnic food. I name this improvisational political ensemble corporeal citizenship to describe the material, affective, and bodily dimensions of inclusion, belonging, and “rights” that immigrants actualize through their everyday participation in this suburban ethnic culinary commerce. For many immigrants operating in the global circuits of neoliberal capitalism, citizenship no longer just means what Hannah Arendt (1951) once suggested as “the right to have rights,” or what Engin Isin and Peter Nyers (2014) reformulate as “the right to claim rights,” but also the right to reinvent ways of claiming rights. I suggest such improvisation of nonexistent rights has surprising political implications for unorthodox ways of advancing democratic transformation.

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Book II Diplomatic and Consular Relations, 5 Functions of Diplomatic Missions and Consulates

10.1093/law/9780198739104.003.0005 ◽

2016 ◽

Author(s):

Roberts Ivor

Keyword(s):

International Law ◽

Vienna Convention ◽

Diplomatic Relations ◽

Sovereign State ◽

The Right

This chapter examines the functions of diplomatic missions and the performance of consular functions by diplomatic missions. Under long established principles of international law now codified in Article 2 of the Vienna Convention on Diplomatic Relations, the establishment of diplomatic relations between States and the establishment of permanent diplomatic missions take place by mutual consent. The right to send and receive diplomatic agents flows from recognition as a sovereign State and was formerly known as the right of legation (ius legationis). Furthermore, it is in modern practice highly exceptional for two States to recognize each other without formally establishing diplomatic relations—and such a situation usually indicates extreme tension or coolness between them. By contrast, it is now common for two States to establish or to maintain diplomatic relations without having permanent missions in each other’s territory.

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The Existing Cause of Biafra and its Right to Self-determination

International Journal on Minority and Group Rights ◽

10.1163/15718115-bja10025 ◽

2020 ◽

pp. 1-19

Author(s):

Yinka Olomojobi

Keyword(s):

International Law ◽

Regional Differences ◽

The State ◽

Self Determination ◽

State Sovereignty ◽

The South ◽

Sovereign State ◽

Independent States ◽

The Right

Abstract There has been recent agitation for self-determination in the south-east of Nigeria for the state known as Biafra (a pro-secessionist group). The principle of self-determination is a well-debated discourse since it connects with the right to secede and create a sovereign state. Like a marriage at gunpoint, a reluctant partner will always want a way out of the marriage, and will take a hike at the first opportunity. Given this political inheritance, Nigeria has fallen prey to several attempts to undermine state sovereignty originating in ethnic and regional differences. The controversy has concerned both the principle’s status in international law and its charter. This principle has played a prominent part in the emergence of former colonies as independent states. The aim of this article is to explore the ongoing agitation for a Biafran Republic and to assess whether it is in conformity with the right to self-determination.

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The Justice of intervention

Review of International Studies ◽

10.1017/s0260210500113695 ◽

1987 ◽

Vol 13 (2) ◽

pp. 133-146 ◽

Cited By ~ 3

Author(s):

Gordon Graham

Keyword(s):

World War Ii ◽

International Agreements ◽

Armed Force ◽

World War ◽

Sovereign State ◽

Cultural Elements ◽

American States ◽

The Right ◽

Almost All ◽

Political Economic

The principle that no sovereign state should intervene in the affairs of another state is enshrined in almost all international agreements made since World War II. For instance, the Charter of the Organization of American States of 1948 contains, in Article 15, the declaration thatNo State or group of states has the right to intervene directly or indirectly, for any reason whatever, in the internal or external affairs of any other State. The foregoing principle prohibits not only armed force but also any other form of interference or attempted threat against the personality of the State, or against its political, economic and cultural elements.

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Struggles for Individual Rights and the Expansion of the International System

International Organization ◽

10.1017/s0020818311000038 ◽

2011 ◽

Vol 65 (2) ◽

pp. 207-242 ◽

Cited By ~ 34

Author(s):

Christian Reus-Smit

Keyword(s):

Soviet Union ◽

Latin American ◽

Political Representation ◽

International System ◽

Individual Rights ◽

Political Rights ◽

Sovereign State ◽

The Soviet Union ◽

New States ◽

The Right

AbstractWe live today in the world's first universal, multicultural, and multiregional system of sovereign states. Five centuries ago, emergent sovereign states were confined to Europe and contained within the bounds of Latin Christendom. Through five great waves of expansion this nascent European system globalized. The Westphalian settlement, the independence of Latin America, the Versailles settlement, post-1945 decolonization, and the collapse of the Soviet Union each brought a host of new states into the system. How can we explain these great waves of expansion, each of which saw imperial systems of rule displaced by the now universal form of the sovereign state? After detailing the limits of existing explanations, this article presents a new account of the principal waves of systemic expansion that stresses the importance of subject peoples' struggles for the recognition of individual rights. Empires are hierarchies, the legitimacy of which has been sustained historically by traditional regimes of unequal entitlements—institutional frameworks that allocate individuals of different social status different social powers and entitlements. In the Westphalian, Latin American, and post-1945 waves of expansion, which together produced most of today's sovereign states and gave the system its principal regions, subject peoples embraced local interpretations of new, distinctly modern ideas about individual rights and challenged the traditional distribution of entitlements that undergirded imperial hierarchy. Each wave differed, not the least because different rights were at work: liberty of religious conscience, the right to equal political representation, and after 1945, a compendium of civil and political rights. But in each case a “tipping point” was reached when the imperial system in question proved incapable of accommodating the new rights claims and subject peoples turned from “voice” to “exit,” and each time the sovereign state was seen as the institutional alternative to empire.

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