Form Of Sovereignty Research Articles

Interplay of International Law and Cyberspace: State Sovereignty Violation, Extraterritorial Effects, and the Paradigm of Cyber Sovereignty

Abstract Information and communication technology (ICT) threats, involving malicious use of ICTs, pose substantial risks to global security and stability. These threats, emanating from State and non-State actors, endanger economic growth, societal well-being, and human safety. The existing international legal framework struggles to adequately confront these challenges, resulting in issues concerning State sovereignty, cyber-attacks on critical infrastructure, and the emergence of cyberspace sovereignty. Cyber-attacks targeting key infrastructure can undermine sovereignty by aiding another State’s territorial control. The enforcement of cyberspace legislation, whether regional or intra-State, can infringe upon other States’ sovereignty due to cross-border repercussions. Despite the presence of numerous international and regional regulations, enforcement remains lacking. The concept of cyberspace sovereignty has arisen with technological advancements, signifying a need for digital realm sovereignty. Yet, this form of sovereignty is narrower compared to territorial sovereignty. This article delves into the nexus between international law, State sovereignty, and ICT threats, along with the progression of cyberspace sovereignty. Through qualitative analysis of primary and secondary sources, it examines the application of existing international law in the digital landscape. By scrutinizing these intricacies, the paper endeavors to comprehend the contemporary challenges posed to international law and explore potential resolutions.

Special on purpose: complementary currencies in the hierarchy of money

AbstractNo money is universally acceptable. What distinguishes special-purpose monies (SPMs) from national currencies is not the fact of geographical or institutional constraints on their acceptability as such, but the intentional imposition of such constraints as a design priority. This article integrates SPMs into the theoretical framework of the credit theory of money and proposes a novel typology of complementary currencies. In this view, any money is part of a global hierarchy of credit monies. The position of each money in that hierarchy depends on its liquidity, including the degree of commensurability and convertibility, and on the degree of sovereignty that backs it, including aspects of sovereignty that are based on monopoly power and social norms that have no necessary link to states. The position of national currencies in the global hierarchy can be assessed along the dimensions of liquidity and sovereignty. Along the same lines, four types of SPMs can be distinguished. Non-commensurable SPMs backed by some form of sovereignty and connected to public provisioning systems appear to be a more promising instrument than private convertible currencies for supporting effective sustainability transitions.

Reviewing John Locke’s Concept of Power From the Perspective of Al-Maududi

The concept of power today is much influenced by the thoughts of John Locke. The power shaped by John Locke gives this country a liberal character. Individual rights are at the centre of all interests. In the history of Islam, some concepts have been very important in shaping Islamic perceptions of democracy. This research is library research because it is library research. The approach used is a historical-philosophical approach. This paper dissects John Locke's democratic thinking, which is analysed using the democratic thinking of a contemporary Muslim intellectual, namely Abu A'la Maududi. Theo-democracy is a system of government initiated by Al-Maududi by combining the concepts of monotheism and trias politica. The Al-Maududi Islamic State must be built on the basis of Islam, which is the main foundation of Tawhid. According to Maududi, power in the form of sovereignty is based primarily on God's sovereignty rather than the sovereignty of the people. The theo-democratic system is divided into three institutions: the legislature, executive, and judiciary.

The religious self‐alteration of Shem Irofa'alu during the anti‐colonial Maasina Rule in Solomon Islands (1944–1953)

This essay explores the post-World War Two anti-colonial Maasina Rule in north Malaita, Solomon Islands, to show how a church leader Shem Irofa'alu decided to establish a religious movement independent of the state and the traditional evangelical church. Irofa'alu's movement indexes an important moment of culture change towards increasing enthusiasm for the often-overlooked Christianity-based forms of sovereignty in the region. It highlights that Maasina Rule was not only a powerful rupture in social processes, but also sharpened the growing division between state and church. Irofa'alu's role in Maasina Rule shows that his influence peaked between 1948 and 1950 and then went into rapid decline. This change in fortune coincided with a critical turning point in the colonial government's attempts to end the movement through appeasement. No longer the head of the evangelical church in Malu'u sub-district and frustrated about the mother church's governance, Irofa'alu retreated to his home area and set about establishing a new church, Boboa (‘Foundation’), his first attempt at organizing a self-governing assembly before introducing Jehovah's Witnesses in north Malaita. In later years, Irofa'alu became a prophet-exemplar for new generations of religious leaders trying to establish Malaitan sovereignties based on their own power to move the truth of prophecies away from foreign state and church organizations.

Pedagogy and Politics in Derrida’s Theory and Practice Seminar

In what follows, I outline the role that pedagogical concerns play in how Derrida structures his Theory and Practice seminars. Framing my discussion with Foucault’s criticism of Derrida’s pedagogy as overly textual and quasi-despotic, I show how Derrida accepts elements of that criticism in his description of his pedagogy. Moreover, by treating these seminars as model exercises for students rather than as a philosophical text advancing a thesis, we can identify connections with Derrida’s commitment to a more radically democratic institutional politics, insofar as the supposed “limitless sovereignty” of the quasi-despotic pedagogue is a self-conscious fiction, deployed strategically to challenge other forms of sovereignty. In this way, Derrida draws a parallel between his own textual and pedagogical practices and those of Heidegger, an attempt both to open his practice up to genuine interruptions and gaps and to contest the neoliberal “disruptions” of the academy.

Beyond Settler Time: Temporal Sovereignty and Indigenous Self-Determination

Beyond Settler Time: Temporal Sovereignty and Indigenous Self-Determination

INDONESIAN WOMEN ELECT: THE STUDY OF ISLAMIC PHILOSOPHY

Women's participation in Indonesian politics gives its own color for the democracy of the nation. The number of female voters in the DPT of General Election 2019 is greater than the number of male voters, becoming an important key to the future direction of Indonesia's politics, democracy, and governance. This causes women's voices to become significantly valuable as the entry gate for the struggle and the development of the face of Indonesian politics, democracy, and governance. In this study, descriptive qualitative method was used with the Secondary Data Analysis (ADS) approach which utilized secondary data as the main research data related to the phenomenon of women's choice in the 2019 Presidential Election. The main objective of the current research is to see and analyze the level of adherence, pragmatism, fanaticism, and political intelligence of Indonesian women in making decisions to give their vote in the Presidential Election 2019 in a philosophical study. In terms of democratic presidential elections, philosophically if we believe in a democratic system as a form of sovereignty in the hands of the people, it is appropriate that the people directly elect the executive authorities, which in this case are the president and vice president. The elected president and vice president will further be responsible for the people who choose them, in this case is taking care, protecting, and guaranteeing the welfare of all people, including women. Therefore, there are several factors behind women's decisions in determining or voting which pair of president and vice president they think is ideal.

Irreconcilable sovereignties? Brexit and Scottish self-government

ABSTRACT This article examines the contrasting norms of sovereignty that underpin the political discourse and policy choices of the UK and Scottish governments in the context of Brexit. Using the lens of contested sovereignty, it explores the meanings attached to sovereignty in both the Brexit process and the response to it within Scotland. It then considers the implications of these contested sovereignties for Scottish self-government, in the context of both devolution and independence. That analysis distinguishes between the locus of sovereignty (parliamentary versus popular) and the form of sovereignty (nation-state versus shared). Both governments have drawn upon popular sovereignty norms, but who makes up the people is contested. The UK’s Brexit policy, in relation to both negotiations with the European Union and its domestic preparations, is underpinned by a nation-state sovereignty norm. By contrast, Scottish nationalism is associated with conceptions of shared sovereignty that have become even more pronounced since the European Union referendum. The difficulty in reconciling these sovereignty norms has destabilized the UK’s territorial constitution and created new challenges for advocates of independence.

Giorgio Agamben's political formalism

ABSTRACT This article takes as its point of departure Agamben's comments about how sovereign nation-states responded to the pandemic – by requiring people to wear masks, socially distance, work from home and live under lockdown. Agamben has characterized such measures as ‘fascist’ and has been criticized for that characterization. Against the inflationary critical value of Agamben's ‘camp’ as a paradigm to judge the political form of ‘sovereignty’, this article considers the notion of form in Agamben's work through the lens of how it has recently been revitalized in literary studies in the work of Caroline Levine and Anna Kornbluh. The article does so to distinguish between the state's response to the pandemic (on the one hand) and fascism (on the other), and to think the state's response to the pandemic as a sovereign practice of care. While the article does not dispute that some of the techniques and technologies of such a practice may resemble those of a sovereign practice of control that might, in another historical context, be the techniques and technologies of fascism, it argues that in order to effectively resist fascism one must recognize the plurality of sovereignty's forms and pursue its critique rather than its wholesale rejection.

Nationhood in the Cloud: Cyber Sovereignty in Thailand

ABSTRACT At the height of the 2020 protests, the Thai government implemented vigorous online censorship to curb public criticism of the monarchy. In doing so the government cited its obligation to safeguard Thailand’s ‘cyber sovereignty’, which is the focus of this article. I argue that this concept is constructed as a tool that can be wielded opportunistically to ensure regime security, which largely depends on the security of the throne. Notably, the Thai state’s construction of cyber sovereignty is modelled on territorial sovereignty: it has elements of territorial nationhood, insofar as cyberspace is treated as if it has a physical existence. However, this conceptualisation of cyber sovereignty is flawed: it elides the significant differences between these two forms of sovereignty, particularly regarding sovereign power and its limits. Despite its flawed nature, the Thai case is part of a wider on-going debate about cyber sovereignty, whereby some countries promote tighter Internet controls while others support a more liberal cyber regime.

PERAN HAKIM DALAM PENEGAKAN HUKUM LINGKUNGAN HIDUP

As one of the institutions of state power, the court institution has a juridical duty in carrying out the duties of the state, so that the pillars of the state become upright and serve to protect all citizens. One of the pillars of the state is the establishment of justice as a form of sovereignty and authority of the state in the eyes of the international community and for the People of Indonesia as stakeholders or stakeholders in the establishment of Indonesian state law. The juridical task of the court that must be carried out in the holding of the power of the state in the judicial field is to uphold justice on the basis of legal truth. The practice of applying the law by the court must be accountable to the community, so that the court's decision is required to be in accordance with common sense. Institutionally, the decision of the first level court must be able to be accounted for if one of the parties makes a legal effort to the appeals court. Similarly, the appeal rate decision must be accounted for if one of the parties makes a cassation effort to the Supreme Court. The formulation of the issue raised is how the role of judges in environmental law enforcement. Research uses normative juridical juridical. The result found is that judges have a role in the enforcement of environmental law that realizes its protective function for environmental protection and the human right to obtain and use the surrounding natural environment. And the enforcement of sanctions for violators of environmental law must be able to have a special prevensi effect and general prevensi.
 Keywords: Judge, law enforcement, environment

Does Space Law Prevent Patterns of Antarctic Imperialism in Outer Space?

AbstractThis article will consider the ways states have exercised imperialism over Antarctica, focusing on two methods: the use of administrative acts and control over scientific research and resources. The article will then compare the Outer Space Treaty and the Antarctic Treaty System around these two methods, as well as the use of military capabilities as an important aspect of imperial control, to question whether space law prohibits imperialism. The Outer Space Treaty seeks to prevent the militarisation of space, the unequal use of resources and claims of sovereignty. However, given the methods of imperialism on Antarctica and the underdevelopment of space law, this kind of imperialism may also be exercised in outer space. It will argue that while formal sovereignty claims are prevented, de facto exclusive claims are not. The establishment of permanent bases under the jurisdiction of the sender state, and the commercial opportunities presented by scientific research and the exploitation of resources create incentives for the use of the military which is also not satisfactorily regulated by international space law.

“Thinking With” When Peer Reviewing: Introduction to the PoLAR Online Emergent Conversation on Peer Review

“Thinking With” When Peer Reviewing: Introduction to the <i>PoLAR Online</i> Emergent Conversation on Peer Review

Erasing the Empire through the Restitution of Military Land: Military Bases and Processes of Re-appropriation in French Polynesia

Following several years of tense worldwide protests against nuclear testing, the French campaign in the Pacific ended in 1996. In the years that followed, military facilities in French Polynesia, at least those most strictly connected with nuclear activities, shut down. After the exploitation and detonation of the atolls Moruroa and Fangataufa (and symbolically of the Polynesian minds and bodies), land is finally being given back to French Polynesians. Military bases are closing and military personnel are returning to France. Some of these building complexes are now property of local towns. The questions raised in this article revolve around the symbolic power of military bases’ dismantlement, which can be interpreted as the erasure of the French empire. What do such erasures of military facilities represent? Is it just an economic reorganization of the national defense or does it represent the will to materially erase colonial and nuclear history? Moreover, I argue that these ongoing processes can be analyzed as a form of re-appropriation of land by the Polynesian communities and a new form of sovereignty.

KAZAKHSTAN’S SOVEREIGNTY IN THE CONTEXT OF KAZAKH-RUSSIAN RELATIONS

The article examines the problem of sovereignty of the Republic of Kazakhstan through the prism of Kazakh-Russian interstate relations. The key conclusions made by the authors are that, first of all, Kazakh-Russian relations are based on the post-Soviet model and the concept of the sovereignty of the Republic of Kazakhstan, which retains significant elements of the Soviet constitutional model of relations between the Union center and the republics; secondly, as part of this sovereignty model, the Republic of Kazakhstan has to make concessions in the economic, financial and other forms of sovereignty. However, the Republic of Kazakhstan makes no concessions in matters of territorial integrity and other fundamental aspects of its sovereignty. Thirdly, it was easier for the Republic of Kazakhstan to maintain the image of the Russian Federation as a strategic partner between 1991 and the mid-2000s, but since that time, the Russian Federation has been pursuing an openly neo-imperial policy in the post-Soviet space, thus, the increasing securitization of the relations with the Russian Federation requires great efforts from the Republic of Kazakhstan to protect its sovereignty and territorial integrity.

Capitulations Redux: The Imperial Genealogy of the Post–World War I “Minority” Regimes

Abstract Scholars have long considered the post–World War I minorities regime—defined and encompassed by a series of “minorities treaties” with various Balkan, Eastern European, and Middle Eastern states and the construction of a “Minorities Commission” in the new League of Nations to enforce them—as a basically well-intentioned, if ultimately misguided, first step toward the concept of internationally guaranteed human rights. In fact, the minorities treaties had vanishingly little to do with European concern for actual minority populations anywhere. Rather, they represented a new iteration of an imperial vision that had marked relations between the Ottoman Empire and the European powers of Britain, France, and Russia since the late eighteenth century: the idea, enshrined in the so-called capitulations agreements, that non-Muslim communities within the Ottoman sphere could represent a site of European economic, political, and military intervention and redefine the Ottoman state—and now the emerging nation-states of Eastern Europe, the Balkans, Anatolia, and the Levant—as possessing a lesser form of sovereignty.

Post-Neoliberalism? An Introduction

This article provides an introduction to the special issue on post-neoliberalism. It does so by considering challenges to the neoliberal order that have come, post-financial crisis, from the political right. It looks closely at the relation of neoliberalism to conservatism, on one hand, and libertarianism, on the other, in order to address the threat posed to the neoliberal order by paleoconservatism, neoreactionary politics, ordonationalism, libertarian paternalism, and different forms of sovereignty and elite power. The final section of this introduction reflects on the challenge to the neoliberal orthodoxy posed by the current COVID-19 crisis. For while events of 2020–21 have facilitated new forms of privatization of many public services and goods, they also signal, potentially, a break from the neoliberal orthodoxies of the previous four decades, and, in particular, from their overriding concern for the market.

Genres of waiting: patronage, healthcare, and dyadic sovereignty in Northeast Brazil

AbstractThis article offers an ethnographic comparison of two genres of waiting for healthcare in Northeast Brazil in order to explain the persistence of patron‐client practices at a time when people otherwise reject patronage. The explanation turns on a recasting of patronage as a form of sovereignty whereby politicians and afflicted persons may choose to suspend the emerging rights‐based care regime in favour of older patronage‐based approaches to care. Motivating such decisions is the afflicted person's experience of the wait for rights‐based healthcare as a form of ‘bare life’, an experience they hope to escape.

Psychological Ways of the Developing of Teenagers’ Sovereignty

The purpose of this article is to define levels of the Sovereign individual and propose their characteristics. The following theoretical methods of the research were used to solve the tasks formulated in the article: a categorical method, structural and functional methods, the methods of the analysis, systematization, modeling, generalization. The results of the research. We believe that the subject is most fully manifested by himself / herself in the form of sovereignty. We call the act of providing any activity as a logical cell of the subject, which is the essential form of manifestation of sovereignty. We proved that Sovereignty was a certain level of the person’s development reached the quality of the Subject of mental activity. We call such a person the Sovereign individual who creates, organizes, regulates, changes and develops his / her own psyche. As a Subject of mental activity, the individual is affirmed through different actions and in actions. The individual who does not possess the characteristics of the Subject is not, in our opinion, capable for providing creative actions. This person cannot be called the Sovereign individual. We also analyzed the reasons why this may happen. Among them – the lack of necessary mechanisms: the ability to goal-setting and goal-realizing, finding and choosing forms of the activity, decision-making and implementation, evaluation and consolidation of the results in the experience of the Sovereign individual. It was shown that all these mechanisms are impossible without reflection, as well as the ability to act is also impossible, therefore the ability to be the Sovereign subject of mental activity. Conclusions. We distinguish such three levels of the Sovereign individual and propose their characteristics: 1. The position of the Monosubject, which is originally the newborn (we also can call it the Actual Virtual Subject), as its properties are available at the stage of readiness, but not yet updated. Monosubject is engaged in a specific case, in a specific act or activity, which is evaluated in terms of his / her effectiveness and feasibility. The condition for the transition from the first level to the second one is communication with an adult, which forms the dialogical structures of the child’s psyche. 2. The characteristics of the second level of functioning of the Sovereign individual is the Polysubject. He / she is the assignment of spiritual influences of other people and at the same time provides the facilitation in the process of social interaction. The Sovereign individual commits acts that give rise to behavior of any Subject to moral self-regulation. 3. The third level is a level of a Meta-Sovereign Subject, defines by us as the main task and the ability to comprehend the higher essences of being. This level demonstrates the desire for feat, the actions that correspond to the person’s understanding of the highest desire of his / her activity.

Borderwork in the Grey Zone: Everyday Resistance within European Border Control Initiatives in Mali

ABSTRACT EU externalised border control has become a bone of contention in EU–Malian relations. Based on fieldwork among Malian state officials, migrant associations and EU staff in Bamako, the article explores readmission agreements and border police collaboration. By examining the often-underestimated agency of national authorities, the article shows how EU border interventions aimed at producing control and confinement deep within the EU–African borderlands are contested and shaped by Malian state actors’ ‘borderwork’ (Rumford 2008). It argues that the contentious border politics produce ‘hidden acts’ through which moments of ‘sovereign exception’ (Agamben 1998) are produced in the ‘grey zone’ (Feldman 2019) of Europe’s externalised migration–security apparatus. Meanwhile, in the grey zone state actors’ everyday tactics of resistance are constitutive of new forms of sovereignty that is agency enabling.