Idea Of Sovereignty Research Articles

Globalization and National Security: Unraveling the Multifaceted Nexus

Globalization, a complex process, introduced by Swapsy in 2006, is understood as being more than economic integration impacting political, social, and cultural dimensions at the global scale. The security at the national level is the main focus of this paper. The paper looks at the following issues including; state sovereignty, the dynamics of the military, economic stability, social unity, environmental sustainability and the controlling information. With modernity, the idea of sovereignty is put to test; states need to find the balance between their autonomy and global involvement. The interlink age of societies influence the dynamics of military affairs, economic security, social peace and stability, and environmental sustainability. Information crossing borders makes the question of national security; it causes trouble to control mechanisms. Economic globalization has created differences against developed and capital rich countries with the aid of the transnational entities. The main focus of the study lays on the necessity of hybrid strategy in order to respond to the shifting features of national security which are present in the context of globalized world. Keywords: Globalization, Security of a State, Sovereignty, Military Dynamics, Stability of Economy, Societal Integration, and Environmental Security.

‘Sovereignty is still the name of the game’: Indigenous theorising and strategic entanglement in Māori political discourses

Abstract In recent decades, sovereignty has come under increased academic scrutiny for being a Eurocentric notion antithetical to emancipatory politics, leading critical theory scholars to call for an overcoming or even abandonment of the concept. Paradoxical as it may seem, it nonetheless remains an appealing ideal for many colonised peoples. Indigenous activists and scholars have actively re-appropriated the language of sovereignty to encapsulate and advance Indigenous political aspirations. This paper discusses how Māori, Aotearoa/New Zealand’s Indigenous people, navigate their relations to the concept in their contemporary political discourses pursuing self-governance. Building on interviews with Māori leaders, scholars, and activists, it offers empirical insights into Indigenous political thought’s engagement with the idea of sovereignty. It highlights an ambivalence oscillating between rejection and rearticulation present both in Indigenous theorising and Māori politics. From an analysis of Māori contemporary conceptual strategies, this paper suggests that Yarimar Bonilla’s notion of ‘strategic entanglement’ offers a productive account to comprehend the approached Māori actors’ deployment of the sovereignty concept, and possibly that of Indigenous peoples beyond Aotearoa. This paper thus highlights the continued relevance of the sovereignty framework, both analytically and politically, to meaningfully engage with contemporary Indigenous politics.

THE NATIONAL IDEA AS THE BASIS OF EDUCATIONAL POLICY OF UKRAINE

This paper examines the national idea as the basis of the educational policy of Ukraine. The author shows that one of the main factors, which are the basis of Ukrainian education, is the national idea around which this or that society consolidates, and which it recognizes as a reference point for its further development. The author notes that the national ideal is the next important element of the national idea. After all, it is the main spiritual force of progress, organization and purposefulness of efforts, and all the creative energy of the people for the establishment of state independence. The author has determined that progressive components of the Ukrainian national idea can become: the idea of integration and consolidation (both national values with universal ones, and actually Ukrainian national integration and consolidation); the idea of building a civil society, an open society with equal opportunities, and a legal state; the idea of sovereignty, collegiality, and state, political, economic, cultural, spiritual, moral freedom; the idea of democratic transformations; the idea of "positive" development, progressive progress.

UN Resolution 1514: the creation of a new post-colonial sovereignty

What role did the post-colonial world play in shaping the contemporary norm of sovereignty? Challenging the traditional understanding of the development of sovereignty as a norm that expanded from Europe, this article recentres the post-colonial contribution to the development of sovereignty. This article first presents the Western powers’ understanding of the norms of sovereign recognition in the nineteenth and early twentieth centuries, before outlining the post-colonial states’ efforts to develop new norms in favour of equal sovereignty for the post-colonial world. It does this first by analysing the contribution of the post-colonial world in the shaping of the Universal Declaration of Human Rights, and how these normative documents were taken up by the post-colonial world to argue for an end of colonial rule. It then provides a history of the normative ideas developed in the post-colonial world in the 1950s, expressed at the Bandung conference (1955) before being normalised into our contemporary understanding of international sovereignty through the passage of United Nations Resolution 1514: The Declaration on the Granting of Independence to Colonial Countries and Peoples in 1960. This work addresses the radical disjunctures and enduring continuations between ideas of sovereignty in the colonial and post-colonial eras of international relations.

The Effects of BREXIT on the UK's Economic, Social and Legal System

BREXIT is the term used to refer to the United Kingdom’s withdrawal from the European Union. The effects of Brexit on the UK economy have been felt since the referendum on June 23rd, 2016, when the majority of the UK’s population voted to leave the European Union. In the years since the referendum and after the official withdrawal from the EU (as of 31st January 2020 and during the transition period which ended on 31st December 2020), the UK economy has experienced a variety of both positive and negative effects, all affecting the British economic, social and legal system. Some critics say that in the end, it resulted a very particular idea of sovereignty over economic good sense. Others say that the UK's decision to leave the European Union is an act of economic self-harm. The truth is inevitably somewhere in between.

‘The Dagger of Dispossession Will Be Ripped Out’: The Malvinas/Falkland Islands in Argentine Song (1941–82)

AbstractIn April 1982, Great Britain and Argentina went to war over the Falkland Islands/Malvinas. On 14 June, the defeated Argentine military began the evacuation of the Islands. Most Argentines came to view this short war as an absurd adventure entered into by a military dictatorship in decline trying to cling on to power. Yet by analysing Argentine songs about the Malvinas from 1941 to 1982, this article shows that the national imaginary had long included ideas of sovereignty usurped and captive islands awaiting redemption. Argentine songs about the Malvinas, I maintain, can be analysed as expressions of an ‘emotional community’ around the Islands. By examining the emphases, constants and changes in the songs emerging from that community, we get a clearer picture of how ideas about the territory and its recovery changed over time.

The Concept of Sovereignty in the Political Philosophy – From Antiquity to the Contemporary Epoch

The concept of state power represents the dominant theme of the whole political philosophy. The concept of sovereignty, which in contemporary epoch became the norm of constitutional law and unanimously recognized principle of international law, has concerned philosophical minds since antiquity to nowadays. The best minds of humanity contemplated about the essence of the state power. The major thinkers of all times were finding out the answer to the question “How should be organized the state so that all people to be happy?” The answer to this question is connected with the concept of sovereignty, which was developed during the humanity’s history. The idea of sovereignty refers to the state body or the person who exercises state power. So, for each epoch is characteristic its own vision of this concept, that reflects, on the one hand, the entire structure of society, and, on the other hand, the state’s ruler position. The sovereignty, which appeared as the concept in the Greek Antiquity, was developed in the Meddle Age and Modern Era and fully formed in the contemporary era, being the component part of majority national constitutions. This article is a study dedicated to determining the specific aspects of sovereignty in the background of the idea’s history. A doctrinal and practical interest in the concept of sovereignty is based on the political and legal dimension of this notion in the actual state construction. As a result of this research, we aimed to determine the role and the regulation of sovereignty in the cotemporaneous state order at national and international level. This research paper focuses on the presentation of the philosophical aspects of this concept of constitutional law.

Editors' Note

Our current issue opens with a special section titled “Word, Image, Sound,” edited by Matthew Engelke, which charts new directions in the study of religious life and experience. Each of the essays in this section move beyond considerations of doctrine and belief to build on a phenomenological appreciation of concrete practices and their social consequences as these impact the category of religion and the embodiment of religious life.The section brings into focus religion's sensory domain, examining the power of sound, song, spoken word, image, and infrastructure to enhance and alter the affective register of religious practice and performance. The essays examine communities of Muslims—the pageantry of preaching in Egypt and the politics of loudspeakers in Senegal—and of Christians—plans for a “National House of Prayer” in Zambia, Pentecostalist singers' claims to be the “Rwandan voice,” and controversies over religious tracts in Myanmar—to demonstrate that religious belief cannot be disentangled from the materiality and embodiment of its practices. “Word, Sound, Image” thus contributes to a powerful set of perspectives on the tangled relationship between communities of faith and public imaginaries.In “Morality and Freedom” Alyssa Miller investigates Manish Msamah's recent anticorruption campaign in Tunisia, titled “I Do Not Forgive!,” to highlight the dilemmas posed by coercive forms of reconciliation oriented around claims of transitional justice and forms of procedural democracy. Meanwhile, Jairan Gahan examines the red-light district of Tehran in 1922 in the essay “The Sovereign and the Sensible” as a site from which to rethink the relationship between ideas of sovereignty and Islam too often eclipsed by ideas of moral governance in Iran in the longue durée.Finally, our Kitabkhana considers Faiz Ahmed's Afghanistan Rising: Islamic Law and Statecraft between the Ottoman and British Empires, which argues for a renewed look at intra-imperial politics through a consideration of Afghanistan as a crucial if underexplored borderland. Contributors to the book forum approach Afghanistan—and Kabul in particular—as a key geohistorical terrain for the study of Islamic intellectual history and of the twentieth-century transformation of networks of social thought and political practice. They explore both the interconnections and the novel socio-technological constraints that have rendered Afghanistan a fulcrum for broader shifts in anticolonial thought, new formations of practical solidarity, and the reconceptualization of “Islamic law” well into the postcolonial present.

‘WAR AS REMEDY OR POISON’: READING THE BLIND MAN'S GARDEN AND THE KITE RUNNER WITH A CRITICAL LENS OF MBEMBE’S NECROPOLITICS

Purpose of the Study: This study emphasizes the contribution of fiction in highlighting the American exercise of power around the world predominantly Pakistan and Afghanistan. It investigates how America has become a dictating body deciding the life and death of human beings mainly in South Asian developing countries.
 Methodology: Being Qualitative, this study uses Eaglestone’s (2000) close reading technique to analyze words and structure of the texts of Khalid Hosseini's The Kite Runner and Nadeem Aslam Khan’s The Blind Man’s Garden. It develops a descriptive thesis leading to construct arguments by drawing a theoretical framework from Mbembe’s necropolitics (2003). Mbembe took his inspiration from Foucault’s idea of bio-power. Modern narrative discourse on sovereignty and its relation to war is taken as the main subject of necropolitics. Mbembe’s idea of sovereignty as an exercise to get control of the mortality of the enemy helps to interpret the texts via the close reading method.
 Main Findings: This study evaluated two novels to assert that necropolitics by taking its four basic concepts, power, war, politics, and death was the actual controlling power of a country. It analyzed fictional characters to argue how individuals endured hardships because of the necropolitical exercise of America and Russia in Afghanistan. Mbembe’s conception of necropolitics helps in understanding fiction.
 Applications of this study: The present study has significant implications from both theoretical and interpretative perspectives. Necropolitics, originally a political notion is reworked in fiction, which asserts that using this concept, power relations, their roots, and exercise around the world can be explored in various fields. This study contributes to dismantling the latent necropolitics in the society represented in fiction. It elevates the social and political consciousness of the general public of South Asia, particularly Pakistan and Afghanistan. This study can be helpful in the field of psychology to popularize the notion of necropolitics in contemporary society.
 Novelty/Originality of this study: Comparatively a new field, Necropolitics has been discussed in the fields of medical sciences and education. This study significantly highlights its existence in the field of literary studies. Fiction as a direct reflection of society helps in deconstructing the prevailing exercise of necropolitics in South Asian society. It is also helpful in raising the social and political consciousness of South Asian people.

Turkish Constitutionalism in Millî Mücadele

Abstract The Teşkilât-ı Esasiye Kānūnu of 1921 is an interesting snapshot of the state-building process of the Turkish State during the Millî Mücadele. In this transitional period, the Ankara Meclis puts in the Chart all the expectations for the new State, drawing a system strongly based on Parliamentarism. While denying the Imperial authority, it voluntarily defers the definition of the form of the State, paving the way to a new idea of sovereignty. The fundamental Chart constitutes the instrument the Meclis uses to inject new fundamental concepts in the Turkish legal system, while overcoming the concept of osmanlıcılık. A courageous attempt to introduce in Turkey some of the most advanced ideas of public law at that time, it represents the evolution and the end of the second Constitutional Era. This work aims to demonstrate how this Chart and the following reforms represent the base of much of what Turkey was for almost a century.

Independence of Ukraine in 1991: aretrospective of the factor of proclamation and the initial stage of state sovereignation

The article examines the regularity of maturation and formation of factors of sovereignty and declaration of independence of Ukraine through a retrospective approach. It is noted that due to external and internal factors the Ukrainian people repeatedly lost their national statehood, but the longevity of the state-building process was embodied in the highly developed early feudal Russian Empire centered in Kiev, the Russian kingdom of feudal fragmentation, forms of state-national life, the Ukrainian Cossack state of the 17th century, the Ukrainian and Western Ukrainian people’s republics of the early 20th century, the Ukrainian SSR and independent Carpathian Ukraine in 1939, which were the forerunners of the restoration of the Ukrainian independent state on August 24, 1991. The idea of sovereignty and the rights of Ukrainians to state existence within the framework of an independent sovereign conciliar Ukraine. The article analyzes the political, economic, social, administrative-organizational, and national-spiritual reasons and the maturation of the legal factors of Ukraine’s declaration of independence. Particular attention is paid to the stages of legal and practical sovereignty within the existence of the USSR from the adoption of the Declaration of State Sovereignty of Ukraine to the adoption of the Act of Independence of Ukraine on August 24, 1991.

The influence of socio-political events in Europe in the XVI-XVII centuries on the development of legal doctrine of Modern history

In the history of the country’s development there are periods in which significant changes in social, political and economic life take place. These undoubtedly include the period of the European Reformation of the XVI-XVII centuries. Socio-political events in critical periods are at the same time the source of development in the legal sphere, when often in the struggle crystallize new, necessary for the development of the state, legal provisions of a doctrinal nature. The aim of this paper is to analyze the socio-political events in Europe in the XVI-XVII centuries, the results of the Thirty Years’ War and the significance of the Peace of Westphalia in 1648 in terms of influencing the development of legal doctrine of Modern history, and also to provide a comparison with the peculiarities of the socio-political situation that took place in the Ukrainian lands of that time. It is noted that since the beginning of the XVI century. almost the entire world of that time was covered by the Reformation. First of all, it was a broad socio-political movement that took the form of a struggle with the Catholic Church. Against this backdrop of socio-political and economic change, Protestantism has become widespread throughout Europe, associated with the names of Martin Luther, Jean Calvin, and Ulrich Zwingli. At the same time, the Catholic Church and the Jesuits opposed the Reformation and led the Counter-Reformation. The result of this confrontation was the Thirty Years’ War - the first pan-European war of 1618 – 1648 between the Catholic Union and the coalition of Protestant states. In European history, this war has remained one of the most terrible European conflicts. Historians estimate that more than 2 million military and more than 6 million civilians were killed. Thirty Years’ War in Europe in the XVII century. ended with the signing in 1648 at the same time in Münster and Osnabrück peace treaty, which was called the Peace of Westphalia in 1648. It is emphasized that the Peace of Westphalia contains a number of provisions of a doctrinal nature. It is made conclusion that this treaty was the source of modern international law and had a long-term impact on the development of relations between states. Among the most important principles of doctrinal nature are the following: state sovereignty has become a universally recognized legal category; the principle of freedom of conscience is recognized with certain restrictions; the idea of sovereignty and independence of each state was opposed to the idea of a single Christian community; proclaimed the idea of ensuring certain human rights, especially the principle according to which private property and the rights of citizens of a hostile state could not be changed by war. Ukrainian ties with European events of that era also took place. This was reflected in the text of the Treaty of Osnabrück, where Ukrainians are noted as allies of Sweden, and the Treaty determined the relevant international legal status of Transylvania at that time. It is noted that the period of the Reformation coincides with the events in Ukraine, as a result of which the Ukrainian Liberation War began, led by Bohdan Khmelnytsky. Keywords: European Reformation, Peace of Westphalia, legal doctrine, origins of law, the Revolution of Bohdan Khmelnytsky.

The Democratic Construction of Inherently Sovereign Functions

In this essay, I approach the question of privatization from a normative political theory perspective. Following Mégret's lead, I focus on the inter- or transnational domain, with the aim of making explicit the norms that undergird Mégret's analysis despite the functional approach he apparently adopts. I argue that the normative basis of the ideas of sovereignty and publicness he relies on is parasitic on the principles of democratic legitimacy developed on the level of the constitutional democratic state. Put differently, my concern is less with the potential demise of public international law that privatization seems to portend, and more with privatization's threat to democratic self-government under both domestic and international public law.

Piracy: A Treasure Box of Otherness

Abstract This article explores the connection between maritime and digital piracy, and pursues the thought that the common moniker is more than a rhetorical flourish. Golden Age maritime piracy (1650–1730) and today’s piracy in cyberspace are by no means identical; there is no one ideal form of piracy. And yet, pirates of the literal and virtual high seas share a crucial feature: their social role as others. Piracy itself is a social function; its content is otherness. Dominant accounts of piracy note its character as a mode of resistance, but frame that resistance as either economic or political. Neither of these explanations of piracy’s resistance is sufficient on its own. The comparison of Golden Age maritime piracy with current digital piracy is telling, because what these two modes of piracy have in common is the way they highlight the relationship between capital and the state system. In other words, piracy’s political attack is not simply an assault on the idea of sovereignty, but rather a more specific critique of the way the system of sovereign states advances the interests of capital. The legal treatment of piracy, making it the pillar of universal jurisdiction, highlights the particular threat that piracy presents to the world order: the crime is political because it is an affront to the economic-political alliance that is capitalism, old or new.

Group Asylum, Sovereignty, and the Ethics of Care

It is assumed that the states have the right to control their borders and decide whom they want to exclude, isolate, ban, or impose restrictions on. Although it seems that the problematic notion of “sovereignty” gives the state the right to make these kinds of decisions, there are situations where ethical duties to other human beings supersede sovereignty and where, in fact, those ethical duties limit sovereignty. This would be the case of group asylum situations. In this paper, we propose Axel Honneth’s ethics of recognition as a complement to the liberal notion of solidarity. By introducing a derivation of the ethics of recognition, namely, the “ethics of care,” we argue that our connection to others and the ethical duties we have with them impose some limits on the idea of sovereignty.

On Legitimate Sovereignty and Global Responsibility

The concept of sovereignty implies the self-determination of political power. It does not entail, however, any assumption either about whether this power is legitimate and, if so, how its legitimation is realized, or about the extension of the power that is supposed to be sovereign. Thus, political power could be perfectly indifferent to democratic legitimacy or to global injustice, while being nevertheless recognized as sovereign. Since the concept of sovereignty was originally developed within the context of a paradigm of social, political and legal order according to which the well-ordered society is limited in its extension and governed through a top-down chain of authority, it is not surprising that questions like democratic legitimacy and global justice were simply ignored by its supporters. Yet, three major paradigmatic revolutions took place that have shaken the conceptual foundations of social order on which the idea of sovereignty was originally built, so that three corresponding challenges were posed to its traditional understanding. A first paradigmatic revolution from holism to individualism shifted the barycentre of the well-ordered society from a kind of predetermined unity of the community to the individuals. As a result, the legitimacy of sovereign power could no longer be taken for granted because of the passive acceptance of tradition or of an alleged mythological or divine “truth”. On the contrary, it was expected, from then on, that the sovereign power was legitimated “bottom-up”, i.e. by the reflexive consent of the citizens. According to this premise, absolutistic sovereignty was transformed into popular sovereignty. A second paradigmatic revolution expanded the boundaries of the well-ordered society to include, at least potentially, the whole humankind. Consequently, if it was to be justified, sovereign power had to adapt to the new situation by accepting global responsibility. The third and more recent paradigmatic revolution regarding the idea of the well-ordered society finally affected the assumption that the well-ordered society should always be conceived of as unitary, i.e., as a hierarchical and self-reliant pyramid of norms and institutions. Instead, following some contemporary theories, a society can also be considered well-ordered if composed of a plurality of systems of norms and institutions which are not related to one another in a hierarchical form, but through horizontal interconnections. Within the context of legal and institutional pluralism, sovereignty itself has to differentiate, so as to express the variety of individual cultural belongings and political affiliations that characterize the postnational constellation. In conclusion, if sovereignty is to be seen as a value, its concept has to meet the challenges deriving from all three major paradigmatic revolutions, which means it has to become consistent with the normative requirements of democratic government as well as with the variable geometry and the global responsibility of a necessarily interconnected world.

Seminole Tribe v. Florida: Sovereignty and the Eleventh Amendment Imag(in)ed

The Eleventh Amendment to the U.S. Constitution, as ratified in the 1790s, reflects an abiding commitment to the idea that the states of the Union were entitled as sovereigns to a measure of immunity from suit in federal court. This chapter from a forthcoming collection, Painting Constitutional Law: Xavier Cortada’s Images of Constitutional Rights (H. Wasserman & M. Mirow eds. forthcoming 2021), explores the conflicting ideas of sovereignty that were embedded in that Amendment. In his painting of one leading modern judicial interpretation of the Eleventh Amendment, the Supreme Court’s 1996 decision in Seminole Tribe v. Florida, Xavier Cortada allows us to see state sovereignty both as a restriction on the sovereign power of Congress and as a special form of state power to deny the competing sovereignty claims of Native people. One finds in Cortada’s depiction of a tattered Native jacket both the imprint of the Eleventh Amendment and the weight of an indigenous people’s history.

Der Zwang zur Tragödie

Abstract The concept of the political in Carl Schmitt’s works is not only defined by the distinction between friend and enemy, but also by the criterion of breaching the rules in a normatively unbound act of decision. According to Schmitt, this decision is, however, not arbitrary, but provoked by the necessity of a historical situation. This aspect of necessity calls the freedom of the decision into question and leads to tensions within Schmitt’s theory of the political. More explicitly than in Schmitt’s political and legal writings, this conflict between freedom and necessity is exposed in his theory of tragedy. In a reading of his book Hamlet or Hecuba, published in 1956, I will show, in a first step, how the act of breaching the rules is not external to normativity, but occurs from within normativity itself. It is the act of self-breaching – of breaking the rules of its own genre – by which, according to Schmitt, modern tragedy is defined. This breach, however, is compelled by the necessity of a real, i. e. extraliterary, event. In a second step, I will expound on how this idea of self-breaching, which also characterises Schmitt’s understanding of the political, leads to a loss of decision which not only questions his idea of sovereignty, but also topples his concept of the political.

The Right-Wing in the System of Political Elite as a Result of Electoral Competition

The paper investigates the reasons of forming of the wing in the system of the political elite in the transformation period of ruling regime The study analyzes the formation of the wing of the political elite of the Tomsk region. Analyzing the elites from the viewpoint of the systems theory made it possible to consider the object under study as a complex system existing in the conditions of transformation. The choice of the territorial and chronological frameworks is stipulated by the following factors. Firstly, post-Soviet Russia was an instance of transitive society; that period was characterized by forming the federative state structure, the transition to a market system of relations, the developing of institutes of local self-government, radical reorganization of the hierarchy of power relations. Secondly, “the Tomsk case” of formation of the wing of the political elite makes it possible to throw light on some new aspects of the formation of the wing of the political elite in general. It demonstrates political rather than socio-economic nature of the formation of the wing of the political elite; the wing of the political elite was formed from representatives of democratic movements. Analysis of the functioning specificity of that wing shows that contemporary right very often is just instrument of more powerful political actors. The studied case also illustrate that system groups of regional political elite quite often use the ideology to get additional preferences. The regime transformation leads to the formation of fairly vague rules of existence of the political structure, and in the extreme forms it leads to the lack of any effective regulatory mechanisms for political processes. The instability of the political operational field causes the structure of the ruling elite to change; and in the cases of radical transformation patterns the political elite is ousted from their previously occupied privileged positions. In these conditions, a group of political elite, the so called wing, becomes a generator of radical ideas. These radical ideas, the ideas of sovereignty, in particular, are employed to quickly win popularity, and ultimately win support on the part of the population. The phenomena of social consciousness, that seize the masses, may, in the future influence the electoral behavior of the population substantially. The deterioration of social and economic situation in transitive systems may act as a catalyst, but is not the initial cause of radicalization of the political field.

A necropolítica na eminência do devir-negro do mundo

A globalização atual trouxe uma infinidade de novos recursos tecnológicos e possibilidades para a realização de uma novo e tão esperado sonho de humanidade livre de todas as mazelas. Porém, como podemos notar, o mundo contemporâneo tem se mostrado, ao invés disso, uma máquina perversa de distribuição global das desigualdades, principalmente raciais anti-negros. Será por meio das críticas, conceitos e reflexões de Mbembe, Foucault e Agamben que buscaremos caracterizar esse mundo racistamente estruturado, desde a biopolítica, passando pela ideia de soberania e instituição da necropolítica, até as atuais possibilidades de um devir-negro do mundo.