Rescuing the State?

2018 ◽  
Author(s):  
Christine Agius
Keyword(s):  
Foreign Policy ◽  
Case Studies ◽  
Asylum Seekers ◽  
The State ◽  
State Sovereignty ◽  
Sovereign State ◽  
Military Applications ◽  
Middle Powers ◽  
Gender Lens

This chapter explores how two middle powers, Sweden and Australia, deploy the politics of protection in different ways. Sweden’s efforts to remake the state is viewed through a gender lens as part of efforts to disentangle its former neutral profile through more robust military applications, whilst embodying a peaceful self-narrative linked to military non-alignment, active internationalism and a ‘feminist foreign policy’. The second case explores efforts to reclaim a bounded concept of the sovereign state in Australia's masculinist and militarized approach to securing its borders with respect to asylum seekers. Australia seeks to reclaim a more traditional imagining of the state, or a return to ‘restoring’ state sovereignty perceived to be under threat by globalising forces. Both case studies explore the inherently gendered and securitized reworking and revisioning of the state, and the tensions and contradictions that emerge in questions of security, sovereignty and identity.

Sovereign State or Sovereign Group?

1925 ◽  
Vol 19 (3) ◽  
pp. 475-499 ◽  
Author(s):  
W. Y. Elliott
Keyword(s):  
Political Theory ◽  
The State ◽  
State Sovereignty ◽  
Accurate Description ◽  
Social Forces ◽  
Special Significance ◽  
Sovereign State ◽  
Late Professor ◽  
Political Theories ◽  
Foundation Stone

The late Professor William A. Dunning is reported to have said of the recent political theories which attempt to replace the conception of state sovereignty by some pluralistic grouping of social forces, that they were “radically unintelligible.” It is hard for political theorists who have been accustomed to regard the conception of sovereignty as a foundation stone and a sort of “rock of ages” for their faith to be told (as one is every day, more or less) that the anti-intellectualistic type of a sociological basis is the only valid one for juristic structure. For that, according to the old rationalistic conceptions of analytical jurisprudence, is indeed to base sovereignty upon shifting sands and to deprive law of any special significance of its own by equating it with social reactions of the most indeterminate character. But the anti-intellectualistic trend of modern political theory indignantly denies this charge. The assumption, it counters, that any legal center of reference can be final in its authority or in its right to command is an outworn Hegelianism, discredited by practice and theory alike. Law is too much a thing of fictions to be taken seriously in its claims, when it pretends to be giving an accurate description of facts in the abstract terms of a pretended right on the part of the state to be the sole author of enforceable commands and the only rightful claimant of men's ultimate loyalty.

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

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.

scholarly journals Traffic Policy towards the Current of Refugees and Subscribers Movement in Reforming State Sovereignty

2020 ◽  
Vol 3 (2) ◽  
pp. 167-172
Author(s):  
Lisda Syamsumardian ◽  
Abdul Rachmad Budiono ◽  
Moh. Fadli ◽  
Dhiana Puspitawati
Keyword(s):  
Asylum Seekers ◽  
The State ◽  
Point Of View ◽  
State Sovereignty ◽  
Trafficking In Persons ◽  
Immigration Detention ◽  
Detention Center ◽  
Sociological Approach ◽  
Monitoring Mechanism ◽  
Refugees And Asylum Seekers

Countries like Indonesia that have immigration routes will look at every foreigner’s problem from an immigration point of view. Foreigners who enter Indonesia without travel documents are considered illegal. When referring to concrete cases, generally refugees or asylum seekers may not have complete travel documents. Because it is impossible for them to be forced to leave their country, by first obtaining a visa, passport, or other correspondence. In most cases that occur, refugees or asylum seekers do not have complete travel documents. So, in order to maintain sovereignty in the authority of immigration supervision, it is very important to research related Immigration traffic. The problem raised in this paper is how the monitoring mechanism of immigration traffic, in order to reinforce the concept of sovereignty. In writing this journal the author uses a statutory approach, a case approach, and a sociological approach. The method used in this paper is a normative juridical method so that answers will be found in the form of a descriptive perspective. The conclusion in this paper is that the policy on the flow of refugee movements into Indonesia is not in accordance with the concept of sovereignty, where the regulation of the flow of refugee movements is very vulnerable to the aspects of crime (trafficking in persons, narcotics, prostitution, etc.), in fact the sovereignty of the state become a protector for refugees who come to Indonesia, from international and national crime systems, and that is often misunderstood. So, the suggestion from this research is that immigration should be given space in the framework of supervision for Refugees and Asylum Seekers, which have been under the authority of the Immigration Detention Center (RUDENIM).

scholarly journals Declaration of State Sovereignty of Ukraine: Historical Significance and Challenges for the Present (to the 30th Anniversary of the Declaration)

2020 ◽  
pp. 3-14
Author(s):  
Shemshuchenko Yurii ◽  
Skrypniuk Oleksandr
Keyword(s):  
Foreign Policy ◽  
Spiritual Development ◽  
Economic Status ◽  
Armed Forces ◽  
Radical Change ◽  
State Building ◽  
The State ◽  
State Sovereignty ◽  
Independent State ◽  
The Impact

Introduction. 30 years after the adoption of the Declaration on State Sovereignty of Ukraine, its relevance and socio-political interest have not diminished. The potential of its importance and the impact on state-building processes in Ukraine are not fully understood and used to build a modern, modern independent state in Ukraine. All this encourages scientists to re-analyze one of the main acts of our country. Of particular importance for the further progress and development of Ukraine is the analysis of the ascending legal principles that laid the foundations for the revival of national sovereign statehood in Ukraine. The purpose of the study is to understand the basic principles of the Declaration on State Sovereignty of Ukraine, their importance for the development of modern state-making process, its deepening, which will contribute to building a European democratic, legal, social state in Ukraine, solving problems of securing state sovereignty of Ukraine in modern conditions violating its territoriality . The aim of the article. The article raises the problem of conceptual essence of the main provisions of the Declaration on State Sovereignty of Ukraine, the problems of their realization in the legal, political, economic spheres, national security and protection of statehood, implementation of foreign policy and European orientation of Ukraine, and their influence on the development of the state-making process and the sovereignty of Ukraine. Results. The factors of acceptance of the Declaration on the Proclamation of Ukraine's Sovereignty, the doctrinal principles of state sovereignty and their implementation in the state-making practice of Ukraine in the main spheres of state and public life before the proclamation of independence on August 24, 1991 are revealed in the article. The generator of ideas of sovereignty and the driving force behind the adoption of the Declaration were national-democratic forces. The declaration was adopted by more than a constitutional majority, which confirmed the nationwide support for the ideas of Ukraine's sovereignty. Conclusions. The Declaration became a fundamental act, which had the meaning of a constitutional act. It was a revolutionary document that declared a radical change in worldviews and values ​​for society and defined the ways of its development and strategic directions of building a sovereign state in Ukraine. The Declaration laid the legal foundations of statehood: the rule of the Constitution and laws of Ukraine, its right to its own Armed Forces, security bodies, inviolability of its territory, right to its own citizenship, right to free national and spiritual development of the nation, independently determine the economic status and pursue foreign policy, etc. It marked the birth of modern constitutionalism in Ukraine and became the basis for the development and adoption of a new democratic Constitution. It was a strategic document that embodied the conceptual foundations of state-building, the construction of civil society and their purpose.

scholarly journals Current Issues of Protection of State Sovereignty of Ukraine in the context of Globalization

2021 ◽  
Vol 28 (42) ◽  
pp. 58-73
Author(s):  
Dariia Melnykova
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
European Integration ◽  
Legal Regulation ◽  
Research Topic ◽  
The State ◽  
State Sovereignty ◽  
Modern World ◽  
The European Union ◽  
Definition Of

Abstract The relevance of the research topic is based on modern rapid European integration trends in Ukraine and the definition of one of the main vectors of foreign policy accession to the European Union, among the prospects of which is the need to protect Ukraine’s state sovereignty. The purpose of the article is to study the essence of sovereignty in the modern world and the relevance of the protection of state sovereignty on the example of Ukraine. The paper reveals the essence of sovereignty in the context of globalization of society. Along with this, the article analyzes the main trends in the formation of state sovereignty on the example of Ukraine. Also, it determines the main characteristics of state sovereignty in terms of integration. Finally, the paper reveals the content of the main integration vectors of Ukraine and their impact on state sovereignty. The scientific novelty of this study lies in the innovative understanding and justification of the essence, feasibility and necessity of protecting the state sovereignty of Ukraine during integration processes. The author proposes to improve the legal regulation of the prospects of Ukraine’s integration, based on the elaborated works of domestic and foreign researchers and her own vision of the problem.

Inauthentic Sovereignty: Law and Legal Institutions in Manchukuo

2010 ◽  
Vol 69 (3) ◽  
pp. 749-770 ◽  
Author(s):  
Thomas David DuBois
Keyword(s):  
Civil Law ◽  
The State ◽  
State Sovereignty ◽  
Domestic Institutions ◽  
Legal Institutions ◽  
Japanese Empire ◽  
National Sovereignty ◽  
Sovereign State

Although Manchukuo is easily dismissed as a puppet of Japan, at the time of its founding, it was one of many examples of a partially sovereign state. Specific compromises of Manchukuo's sovereignty shaped the formation of its domestic institutions, such as the legal sphere, in tangible ways. Manchukuo handed over to Japan the power to staff and ideologically mold its judiciary, while the tutelary attitude that Japan took toward the state was concretely manifested in aspects of Manchukuo penal and civil law, and a surprisingly contentious path to the abrogation of Japanese extraterritoriality. With the outbreak of war, Manchukuo effectively surrendered its national sovereignty to the needs of the Japanese empire, sacrificing its jurisdictional integrity as well. While not denying the deliberate attempt made by Japan to misrepresent the independence of Manchukuo, this article also seeks to understand more precisely how Manchukuo's architects assumed certain limits to state sovereignty, and how this understanding systematically crippled the new state's legal institutions.

scholarly journals Features of Internal Autonomy of the Aland Islands Within Finland

2021 ◽  
pp. 88-96
Author(s):  
S. N. Pogodin ◽  
D. E. Lyubina
Keyword(s):  
Foreign Policy ◽  
Cultural Identity ◽  
The State ◽  
Sovereign State ◽  
Unitary State ◽  
Ethnic And Cultural Identity ◽  
Almost All

The autonomy of the Aland Islands within Finland implies a system of self-government in a certain area within the borders of a sovereign state. The Aland Islands have an ethnic and cultural identity and receive powers for internal administration as part of the state. The autonomy of the Islands gives them the ability to solve internal problems, while the state remains responsible for foreign policy, security, etc. All this is made possible by the Aland autonomy Act, which came into force in 1993 and was confirmed by the Finnish Constitution. The act regulates almost all issues of self-government of the Islands. At the same time, the Aland Islands can be classified as a federacy, which indicates a special Federal relationship within a unitary state. Domestic cooperation between the Finnish government and the Aland Islands is based on a formal bilateral non-hierarchical partnership. 

Provincialising International Relations through a reading of dharma

2021 ◽  
pp. 1-20
Author(s):  
Giorgio Shani ◽  
Navnita Chadha Behera
Keyword(s):  
International Relations ◽  
The State ◽  
Social Conditions ◽  
Human Existence ◽  
State Sovereignty ◽  
Sovereign State ◽  
Self And Other ◽  
Cosmic Order ◽  
The World ◽  
Inside Out

Abstract This article will attempt to ‘provincialise’ (Chakrabarty, 2000) the ‘secular cosmology’ of International Relations (IR) through an examination of the relational cosmology of dharma. We argue that IR is grounded in ‘secularised’ Judaeo-Christian assumptions concerning time, relations between self and other, order, and the sovereign state that set the epistemic limits of the discipline. These assumptions will be ‘provincialised’ through an engagement with dharma based on a reading of The Mahābharāta, one of the oldest recorded texts in the world. We argue that the concept of dharma offers a mode of understanding the multidimensionality of human existence without negating any of its varied, contradictory expressions. By deconstructing notions of self and other, dharma illustrates how all beings are related to one another in a moral, social, and cosmic order premised on human agency, which flows from ‘inside-out’ rather than ‘outside-in’ and that is governed by a heterogenous understanding of time. This order places limits on the state's exercise of power in a given territory by making the state responsible for creating social conditions that would enable all beings to realise their potential, thus qualifying the principle of state sovereignty that remains the foundation of the ‘secular cosmology of IR’.

scholarly journals Humanitarian Interventions as Practises of Statecraft: Re-Crafting State Sovereignty in Refugee Crises

Refuge ◽  
1996 ◽  
pp. 23-24
Author(s):  
Nevzat Soguk
Keyword(s):  
20Th Century ◽  
The State ◽  
Global Politics ◽  
State Sovereignty ◽  
Nation State ◽  
Late 20Th Century ◽  
Sovereign State ◽  
Humanitarian Interventions ◽  
Governance Practices

This study argues that humanitarian interventions are not undertaken merely to alleviate the sufferings of people under duress such as refugees. Beyond humanitarianism, they are activities of statist governance-practices of statecraft oriented to re-articulate and re-craft state sovereignty and the hierarchy it signifies, that is, the hierarchy of citizen/nation/state, not only as natural but also as necessary to the peaceful, stable, and secure organization of local and global politics. In as much as humanitarian interventions target refugees as objects of intervention, they appropriate refugees to the task of statecraft; refugees become not only the manifestation of the difficulties for the sovereign state, but also the site of statist practices, which, attendant upon refugees, endeavour continuously to re-articulate the state-centric imagination of life possibilities in local and global interactions. In the process, humanitarianism is typically subordinated to the contingencies of statism in the late 20th Century.

Asylum-seekers falsely implicating themselves in international crimes: Should they be informed of the existence of Article 1F of the Refugee Convention?

2014 ◽  
Vol 12 (1) ◽  
pp. 91-101
Author(s):  
Brian Moore ◽  
Joris van Wijk
Keyword(s):  
The Netherlands ◽  
Case Studies ◽  
Asylum Seekers ◽  
Refugee Convention ◽  
International Crimes ◽  
Refugee Claim ◽  
The Uk ◽  
National Governments

Case studies in the Netherlands and the UK of asylum applicants excluded or under consideration of exclusion pursuant to Article 1Fa of the Refugee Convention reveal that some applicants falsely implicated themselves in serious crimes or behaviours in order to enhance their refugee claim. This may have serious consequences for the excluded persons themselves, as well as for national governments dealing with them. For this reason we suggest immigration authorities could consider forewarning asylum applicants i.e. before their interview, about the existence, purpose and possible consequences of exclusion on the basis of Article 1F.

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