Quasi-states, dual regimes, and neoclassical theory: International jurisprudence and the Third World

Abstract

Decolonization in parts of the Third World and particularly Africa has resulted in the emergence of numerous “quasi-states,” which are independent largely by international courtesy. They exist by virtue of an external right of self-determination— negative sovereignty—without yet demonstrating much internal capacity for effective and civil government—positive sovereignty. They therefore disclose a new dual international civil regime in which two standards of statehood now coexist: the traditional empirical standard of the North and a new juridical standard of the South. The biases in the constitutive rules of the sovereignty game today and for the first time in modern international history arguably favor the weak. If international theory is to account for this novel situation it must acknowledge the possibility that morality and legality can, in certain circumstances, be independent of power in international relations. This suggests that contemporary international theory must accommodate not only Machiavellian realism and the sociological discourse of power but also Grotian rationalism and the jurisprudential idiom of law.