Secession and the Sovereignty Game

Author(s):  
Ryan D. Griffiths

This book offers a comprehensive strategic theory for how secessionist movements attempt to win independence. Combining original data analysis, fieldwork, interviews with secessionist leaders, and case studies on Catalonia, the Murrawarri Republic, West Papua, Bougainville, New Caledonia, and Northern Cyprus, the book shows how the rules and informal practices of sovereign recognition create a strategic playing field between existing states and aspiring nations that the book terms “the sovereignty game.” To win sovereign statehood, all secessionist movements have to maneuver on the same strategic playing field while varying their tactics according to local conditions. To obtain recognition, secessionist movements use tactics of electoral capture, nonviolent civil resistance, and violence. To persuade the home state and the international community, they appeal to normative arguments regarding earned sovereignty, decolonization, the right to choose, inherent sovereignty, and human rights. The pursuit of independence can be enormously disruptive and is quite often violent. By advancing a theory that explains how sovereign recognition has succeeded in the past and is working in the present, and by anticipating the practices of future secessionist movements, the book also prescribes solutions that could make the sovereignty game less conflictual.

Author(s):  
Ryan D Griffiths

Abstract How do secessionist movements formulate strategy and choose tactics? Secessionism takes place on a strategic playing field that shapes tactical behavior, driving some movements to choose armed rebellion while others prefer nonviolent civil resistance or electoral competition. Secessionist movements attempt to compel and make normative appeals in different combinations depending on local conditions such as regime type, the strength of the state, and the degree to which the region is already de facto independent. These efforts are aimed at not only the home state, but also the international community that can apply pressure on the home state to negotiate with the secessionists. I identify six kinds of movements—democratized, indigenous legal, combative/strong state, combative/weak state, decolonial, and de facto—and I outline the perils and possibilities inherent in each kind. I then construct a theoretical framework and test the implications using original data on secessionist tactics between 1946 and 2011.


2016 ◽  
Vol 1 (1-2) ◽  
pp. 5-60
Author(s):  
Benjamin van Rooij ◽  
Annemieke van den Dool

This paper provides a sociolegal overview of law and lawmaking in China. It combines existing studies with original data published by the National People’s Congress as well as new case studies of recent lawmaking processes. The paper focuses its analysis on the development of regulatory laws that seek to prevent and control risk, including environmental, food safety, land, labor, and occupational health laws. The paper finds large changes in the substance of legislation over the past two decades. Amid generally massive growth in lawmaking at all levels, national legislation has become more ambitious, with a greater regulatory burden. It has become more specific, allowing for less discretion. And it has grown stronger teeth, with greater sanctions against violations. These regulatory laws allow for more public participation, albeit within a tightly confined authoritarian space. Such substantive changes come as the process of lawmaking has evolved. While central leadership retains strong control over lawmaking, the process has become more transparent, allowing more actors to exert influence. Successful legislative entrepreneurs are able to shape lawmaking by timing their advocacy at the right stage of the legislative process and, if possible, linking it to ongoing crises.


Author(s):  
Gerry Van Klinken

Review of: Pieter Drooglever, An act of free choice; Decolonisation and the right to self-determination in West Papua. Oxford: Oneworld Publications, 2009, xviii + 854 pp. ISBN 9781851687152. Price: GBP 125.00 (hardback). Esther Heidbüchel, The West Papua conflict in Indonesia; Actors, issues and approaches. Wettenberg: Johannes Herrmann, 2007, iii + 223 pp. ISBN 9783937983103. Price: EUR 20.00 (paperback). Muridan S. Widjojo, Adriana Elisabeth, Amiruddin, Cahyo Pamungkas, and Rosita Dewi, Papua road map; Negotiating the past, improving the present and securing the future. Jakarta: Yayasan Obor Indonesia, 2010, xxxiii + 211 pp. ISBN 9789794617403. Paperback.


2014 ◽  
Vol 15 (3) ◽  
pp. 75-141 ◽  
Author(s):  
Stephen J. Ceci ◽  
Donna K. Ginther ◽  
Shulamit Kahn ◽  
Wendy M. Williams

Much has been written in the past two decades about women in academic science careers, but this literature is contradictory. Many analyses have revealed a level playing field, with men and women faring equally, whereas other analyses have suggested numerous areas in which the playing field is not level. The only widely-agreed-upon conclusion is that women are underrepresented in college majors, graduate school programs, and the professoriate in those fields that are the most mathematically intensive, such as geoscience, engineering, economics, mathematics/computer science, and the physical sciences. In other scientific fields (psychology, life science, social science), women are found in much higher percentages. In this monograph, we undertake extensive life-course analyses comparing the trajectories of women and men in math-intensive fields with those of their counterparts in non-math-intensive fields in which women are close to parity with or even exceed the number of men. We begin by examining early-childhood differences in spatial processing and follow this through quantitative performance in middle childhood and adolescence, including high school coursework. We then focus on the transition of the sexes from high school to college major, then to graduate school, and, finally, to careers in academic science. The results of our myriad analyses reveal that early sex differences in spatial and mathematical reasoning need not stem from biological bases, that the gap between average female and male math ability is narrowing (suggesting strong environmental influences), and that sex differences in math ability at the right tail show variation over time and across nationalities, ethnicities, and other factors, indicating that the ratio of males to females at the right tail can and does change. We find that gender differences in attitudes toward and expectations about math careers and ability (controlling for actual ability) are evident by kindergarten and increase thereafter, leading to lower female propensities to major in math-intensive subjects in college but higher female propensities to major in non-math-intensive sciences, with overall science, technology, engineering, and mathematics (STEM) majors at 50% female for more than a decade. Post-college, although men with majors in math-intensive subjects have historically chosen and completed PhDs in these fields more often than women, the gap has recently narrowed by two thirds; among non-math-intensive STEM majors, women are more likely than men to go into health and other people-related occupations instead of pursuing PhDs. Importantly, of those who obtain doctorates in math-intensive fields, men and women entering the professoriate have equivalent access to tenure-track academic jobs in science, and they persist and are remunerated at comparable rates—with some caveats that we discuss. The transition from graduate programs to assistant professorships shows more pipeline leakage in the fields in which women are already very prevalent (psychology, life science, social science) than in the math-intensive fields in which they are underrepresented but in which the number of females holding assistant professorships is at least commensurate with (if not greater than) that of males. That is, invitations to interview for tenure-track positions in math-intensive fields—as well as actual employment offers—reveal that female PhD applicants fare at least as well as their male counterparts in math-intensive fields. Along these same lines, our analyses reveal that manuscript reviewing and grant funding are gender neutral: Male and female authors and principal investigators are equally likely to have their manuscripts accepted by journal editors and their grants funded, with only very occasional exceptions. There are no compelling sex differences in hours worked or average citations per publication, but there is an overall male advantage in productivity. We attempt to reconcile these results amid the disparate claims made regarding their causes, examining sex differences in citations, hours worked, and interests. We conclude by suggesting that although in the past, gender discrimination was an important cause of women’s underrepresentation in scientific academic careers, this claim has continued to be invoked after it has ceased being a valid cause of women’s underrepresentation in math-intensive fields. Consequently, current barriers to women’s full participation in mathematically intensive academic science fields are rooted in pre-college factors and the subsequent likelihood of majoring in these fields, and future research should focus on these barriers rather than misdirecting attention toward historical barriers that no longer account for women’s underrepresentation in academic science.


2014 ◽  
Vol 14 (61) ◽  
pp. 8459-8473
Author(s):  
CJ Stigter ◽  
◽  
E Ofori ◽  

In this paper in three parts, climate change is approached by dealing with the three sides from which the danger comes: (i) global warming, (ii) increasing climate variability, (iii) more (and possibly more severe) meteorological and climatological extreme events. These are the three panels of this triptych review and the right panel on climate extremes and society’s responses, including mitigation attempts as part of preparedness of African farmers, is this part. The occurrence of more (and possibly more severe) extreme meteorological/climatological events, as another likely consequence of climate change, is discussed, reviewing the literature and dealing for Africa with recent droughts and famines. It appears that there is more than sufficient proof that the numbers of disasters have risen globally, and on average at an increasing rate, over the last half a century, with more evidence in the later decades. Extreme hazards have a shorter recurrence time but whether they also have become more severe cannot be easily determined. This is due to developments in observations, populations and vulnerabilities and lack of developments in climate models. Only for increased temperature related disasters, severity has clearly become larger. However, recent more realistic calculations appear to suggest that there has been little change in drought over the past 60 years. In physical terms, there is also little or no evidence of increased severity of floods over the past century. Increasing farmer preparedness will be an important part of better responses to these conditions. The traditional response farming as to droughts, floods (annual recession and recurrent occasional ones), strong winds and other serious disasters should be among starting points. At the end of this paper, the contributions that tropical agriculture can make to reduce greenhouse gases (GHGs) in win-win situations are also dealt with. Soil carbon sequestration has a higher mitigation potential than emission reductions in African agriculture, although both may be important. These are best achieved under management systems with higher carbon density, as well as improved soil conservation. Agroforestry, assisted natural regeneration, forest rehabilitation, forest gardens, and improved forest fallow projects should all be eligible under the Clean Development Mechanism. Throughout the paper text boxes are used that illustrate local conditions that must be taken into account to understand the impacts/consequences of climate change for African farmers and how they may cope with them.


Commonwealth ◽  
2017 ◽  
Vol 19 (1) ◽  
Author(s):  
John Arway

The challenges of including factual information in public policy and political discussions are many. The difficulties of including scientific facts in these debates can often be frustrating for scientists, politicians and policymakers alike. At times it seems that discussions involve different languages or dialects such that it becomes a challenge to even understand one another’s position. Oftentimes difference of opinion leads to laws and regulations that are tilted to the left or the right. The collaborative balancing to insure public and natural resource interests are protected ends up being accomplished through extensive litigation in the courts. In this article, the author discusses the history of environmental balancing during the past three decades from the perspective of a field biologist who has used the strength of our policies, laws and regulations to fight for the protection of our Commonwealth’s aquatic resources. For the past 7 years, the author has taken over the reins of “the most powerful environmental agency in Pennsylvania” and charted a course using science to properly represent natural resource interests in public policy and political deliberations.


1996 ◽  
Vol 35 (4I) ◽  
pp. 399-417 ◽  
Author(s):  
John W. Mellor

The right to the flow of income from water is vigorously pursued, protected, and fought over in any arid part of the world. Pakistan is of course no exception. Reform of irrigation institutions necessarily changes the rights to water, whether it be those of farmers, government, or government functionaries. Those perceived rights may be explicit and broadly accepted, or simply takings that are not even considered legitimate. Nevertheless they will be fought over. Pakistan has a long history of proposals for irrigation reform, little or none being implemented, except as isolated pilot projects. Thus, to propose major changes in irrigation institutions must be clearly shown to have major benefits to justify the hard battles that must be fought and the goodwill of those who might win those battles for reform. Proponents of irrigation institution reform have always argued the necessity of the reforms and the large gains to be achieved. Perhaps, however, those arguments have not been convincing. This paper will briefly outline the failed attempts at irrigation reform to provide an element of reality to the discussion. It will then proceed to make the case of the urgency of reform in a somewhat different manner to the past. Finally, current major reform proposals will be presented. This paper approaches justification of irrigation reform by focusing on the agricultural growth rate. It does so because that is the critical variable influencing poverty rates and is a significant determinant of over-all economic growth rates. The paper decomposes growth rates and suggests a residual effect of deterioration of the irrigation system that is large and calls for policy and institutional reform. The data are notional, suggesting the usefulness of the approach and paves the way for more detailed empirical analysis and enquiry for the future.


ICL Journal ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 67-105
Author(s):  
Markku Suksi

Abstract New Caledonia is a colonial territory of France. Since the adoption of the Nouméa Accord in 1998, a period of transition towards the exercise of self-determination has been going on. New Caledonia is currently a strong autonomy, well entrenched in the legal order of France from 1999 on. The legislative powers have been distributed between the Congress of New Caledonia and the Parliament of France on the basis of a double enumeration of legislative powers, an arrangement that has given New Caledonia control over many material fields of self-determination. At the same time as this autonomy has been well embedded in the constitutional fabric of France. The Nouméa Accord was constitutionalized in the provisions of the Constitution of France and also in an Institutional Act. This normative framework created a multi-layered electorate that has presented several challenges to the autonomy arrangement and the procedure of self-determination, but the European Court of Human Rights and the UN Human Rights Committee have resolved the issues regarding the right to vote in manners that take into account the local circumstances and the fact that the aim of the legislation is to facilitate the self-determination of the colonized people, the indigenous Kanak people. The self-determination process consists potentially of a series of referendums, the first of which was held in 2018 and the second one in 2020. In both referendums, those entitled to vote returned a No-vote to the question of ‘Do you want New Caledonia to attain full sovereignty and become independent?’ A third referendum is to be expected before October 2022, and if that one also results in a no to independence, a further process of negotiations starts, with the potential of a fourth referendum that will decide the mode of self-determination New Caledonia will opt for, independence or autonomy.


2020 ◽  
Author(s):  
Léon E Dijkman

Abstract Germany is one of few jurisdictions with a bifurcated patent system, under which infringement and validity of a patent are established in separate proceedings. Because validity proceedings normally take longer to conclude, it can occur that remedies for infringement are imposed before a decision on the patent’s validity is available. This phenomenon is colloquially known as the ‘injunction gap’ and has been the subject of increasing criticism over the past years. In this article, I examine the injunction gap from the perspective of the right to a fair trial enshrined in Art. 6 of the European Convention on Human Rights. I find that the case law of the European Court of Human Rights interpreting this provision supports criticism of the injunction gap, because imposing infringement remedies with potentially far-reaching consequences before the validity of a patent has been established by a court of law arguably violates defendants’ right to be heard. Such reliance on the patent office’s grant decision is no longer warranted in the light of contemporary invalidation rates. I conclude that the proliferation of the injunction gap should be curbed by an approach to a stay of proceedings which is in line with the test for stays as formulated by Germany’s Federal Supreme Court. Under this test, courts should stay infringement proceedings until the Federal Patent Court or the EPO’s Board of Appeal have ruled on the validity of a patent whenever it is more likely than not that it will be invalidated.


2021 ◽  
Vol 13 (8) ◽  
pp. 4293
Author(s):  
Yuqing Lin ◽  
Jingjing Wu ◽  
Yongqing Xiong

With the background of China’s new energy vehicles (NEVs) subsidies declining, there is an important practical significance to effectively play the role of the nonsubsidized consumption promotion mechanisms. The nonsubsidized mechanisms for NEVs are classified into two types—concept induction and policy incentives, and differences in the sensitivity of the two types of mechanisms on potential consumer purchase intentions due to differences in urban traffic patterns and consumer education levels are analyzed. The results show that consumers in cities with medium to high traffic pressure are more sensitive to the right-of-way privileges component of the policy incentives, and consumers in cities with low traffic pressure are more sensitive to the charging guarantee component of the policy incentives. Consumers with medium to high education are more sensitive to the pro-environmental component in concept induction, and consumers with low education are more sensitive to the charging guarantee policy component of the policy incentives. Therefore, the implementation of the nonsubsidized mechanisms for NEVs in China should adopt differentiated strategies based on local conditions and vary with each individual.


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