Interpretation Of Sovereignty Research Articles

Power’s Two Bodies

This article seeks to problematize Agamben’s interpretation of sovereignty in light of the “archaeological method” he uses in his Homo Sacer project. In contrast to Agamben’s exposition, which treats biopolitics as the original and ontological paradigm of Western politics, the essay discusses how, historically, sovereign power has been conceived as a “double body”—transcendent and immanent, sacred and sacrificial, absolute and perpetual—from whose tension conceptual and political metamorphoses of sovereignty arise. The first attribute of sovereignty—absoluteness, on which Agamben has often focused—should be seen as an ordering and essentially modern function of its second “body”: the perpetuity of power. The article illustrates, then, how the retrospective projections through which the Italian philosopher constructs his ontological reading of sovereignty depend on some logical and epistemological lacunae that characterize his “archaeological method,” which is based, essentially, on an arbitrary use of historical analogies.

In Different Languages 2.0.

In recent years, the EU has been integrating the categories of ‘sovereignty’ and ‘geopolitical’ into its discourse. This article aims to identify whether the use of the same terms signifies that Moscow and Brussels are about to find a “common language.” Theoretically, the article is based on critical geopolitics, which helps to disclose common elements in the interpretations of sovereignty and geopolitics, as well as fundamental distinctions in the way these categories are integrated in the discourses of the European Union and Russia. The study shows that the EU’s adaptation of the language of realism further complicates communication between Moscow and Brussels.

DISCUSSIONS ABOUT TECHNOLOGICAL SOVEREIGNTY: ANALYZING CONCEPTUAL DIFFERENCES AND JUSTIFICATION STRATEGIES

The paper is devoted to the study of conceptual differences in the interpretation of the concept – «technological sovereignty». In recent years, many states have proclaimed the achievement of technological sovereignty as a strategic priority and one of the goals of long-term development. At the same time, in the scientific literature on this topic, in the presence of review publications and case studies, there is a lack of analysis of conceptual differences. In strategic documents, state concepts and public discourse, the articulation of the concept of «sovereignty» in the technological sphere varies from a variant close to autarky in meaning to a policy of maintaining a competitive environment and diversifying foreign suppliers of critical technologies. As a methodological basis for the study, we chose the concept of problematics developed within the framework of the French tradition of historical epistemology (J. Martin, L. Althusser, D. Lecourt). Its toolkit makes it possible to explicate the internal structure and interconnection of concepts within the framework of individual interpretations and the logic of justification strategies in public policy. On the example of the European Union, a new interpretation of sovereignty as an agency was demonstrated, in addition, its connection with the postulates of German ordoliberalism was investigated. The cases of Brazil and India represent two different models for justifying the policy of technological sovereignty in the context of understanding center-periphery relations in the global economy and postcolonialism.

Home versus abroad: China’s differing sovereignty concepts in the South China Sea and the Arctic

The article contrasts China’s interpretations of sovereignty within its so-called motherland in the South China Sea and far from China’s shores in the Arctic. The People’s Republic of China (PRC) has maintained a pre-modern definition of Chinese boundaries in the South China Sea as territorial and ocean frontiers with blurred boundaries to other political authorities. Frontiers were without permanent settlements, but nomads and fishermen recurringly used them within a Chinese imperial system of reciprocal socioeconomic responsibilities. The South China Sea forms part of this frontier where the PRC argues that national Chinese legislation applies. By contrast, far from China’s shores in the Arctic, where China is not the political centre, the PRC seeks to globalise the region, depicting it as a frontier with blurred boundaries of political authority. China recognises the sovereignty of Arctic states, but simultaneously applies standard interpretations of international law to legalise the presence of extra-regional states.

Constitutional Changes in Populist Times

Abstract The article examines the impacts of populist government in Hungary on constitutional law since 2010. The criterion of the analysis is whether the comprehensive and radical changes that took place during this time have been characterized by the distinctive traits, ambitions and values that the scholarship attributes to populism and ‘populist constitutionalism’, above all anti-elitism, anti-institutionalism, anti-pluralism, the emphasis on popular sovereignty and direct democracy, and an instrumental conception of law. For this purpose, it examines the major changes in the constitutional rules and practice of sovereignty issues, the system of separation of powers, and fundamental rights. The article consists of four parts. In the first chapter, sovereignty issues are discussed including the changing approach of constituent power, constitutional identity, and the interpretation of sovereignty through an analysis of the 2011 Fundamental Law and its eight amendments. The study then reviews the changes in the system of separation of powers, that is, the transformation of the legal status and operational practices of the most important public law institutions. The next chapter provides a qualitative analysis of the situation of fundamental rights, in particular the trends in the renewed regulation of constitutional liberties and political freedoms. In addition, this part gives an assessment of the current state of institutional protection of constitutional rights. Finally, the last chapter seeks to answer the question of how the cumulative effects of these changes can be assessed; whether Hungary follows a new, specific path of constitutional development, or the constitutional changes can be interpreted within the framework of the constitutional democracy formed after the 1989/90 regime change.

Indigenous Peoples’ participation in decision-making in the context of World Heritage Sites: how International Human Rights Law can help?

This article addresses the challenges of Indigenous Peoples’ participation in conservation nomination processes and in the management of the sites they inhabit. It analyses the developments – conceptual and legal – produced both in UNESCO and in the United Nations Human Rights system for the inclusion of Indigenous People’s interpretations and visions and the respect of their rights in the context of World Heritage Sites. The author argues that the inter-governmental composition of the World Heritage Committee can make the introduction of an Indigenous Peoples’ rights-based approach in the World Heritage Convention decision-making processes extremely difficult; especially because some States have supported an outdated and manifestly wrong interpretation of sovereignty. This is why, in contrast to the traditional approach which focuses on ‘specific’ Indigenous Peoples norms, this paper suggests that a stronger emphasis on the recent developments in the International Human Rights system concerning the ‘general’ human right to take part in cultural life – which include Indigenous Peoples’ rights – would be, strategically speaking, a better way to support the inclusion of a rights based-approach to the World Heritage Convention decision-making processes.

ОСОБЛИВОСТІ ТРАНСФОРМАЦІЇ ДЕРЖАВНОГО СУВЕРЕНІТЕТУ В ПОСТБІПОЛЯРНІЙ МІЖНАРОДНІЙ СИСТЕМІ

The current state of the international system is characterized by dramatic changes in the international political, social and economic spheres of social interactions, and is characterized by qualitative transformation of Westphalian system of international relations. Westphalian system of international relations started its existence from the fact that the participants of international cooperation were only states that acted independently or formed coalitions to solve outstanding problems. At the end of the twentieth century it became apparent that other, too influential actors appear on the world arena. Together with the states on the modern transformation of the contemporary system of international relations exert considerable influence varied intergovernmental and international nongovernmental organizations, multinational corporations, and domestic regions. Globalization, characterized by the free movement of capital in order to obtain higher profits and expanding sphere of influence erodes national boundaries. The states are forced for economic stability and growth cooperate with international organizations and take them into the game. It is proved that the coming decades the traditional concept of sovereignty will be significantly transformed, and the notion will take another meaning and interpretation. Among the factors that would influence on the above mentioned the next ones are singled out: the internationalization of scarce resources and maybe territories; strengthening of the international regimes; expansion of transnational political spaces; formation of a global information space; global environmental and climatic imperatives etc. The confrontation of two countervailing trends is noted – to strengthen sovereignty, on the one hand, and its constraints on the other. And these trends are often embodied in the policies of one country or a group of countries. Within interpretations of sovereignty of the XXI century understanding of the limits of the autonomy of sovereign states in the choice of means in solving various domestic problems would be adjusted. In the context of international relations the subject of debate for decades will be the nature and principles of the use of coercive or other measures to opportunists in the international regimes of interaction on international and transnational levels of world politics, the mechanisms of global governance.

Sovereignty and Direct Democracy: Lessons from Constant and the Belgian Constitution

Interpretations of sovereignty in the Belgian Constitution – The ‘national sovereignty’ interpretation – Dismantling the myth of the consensual understanding of sovereignty in the Belgian Constitution – Benjamin Constant’s understanding of sovereignty – Influence of the paradigm of French post-Revolutionary political liberalism -- Implications of the ‘Constantian’ interpretation with regard to more direct modes of citizen participation – Arguments for reconsidering the settled case-law of the Council of State regarding the unconstitutionality of referendums

Popular sovereignty and the historical origin of the social movement

This article seeks to explain why the social movement had its historical origin in the 1760s. It argues that the rise of the social movement as a particular form of political action was closely linked to a new interpretation of sovereignty that emerged within eighteenth century British politics. This interpretation, which drew inspiration from Jean-Jacques Rousseau’s social contract thinking, not only resonated with the radicalism of John Wilkes and his followers’ struggle to promote civil liberties to Englishmen of all classes, it also spurred a transformation of the repertoire of popular contention. The article traces the evolution of the concept of sovereignty in British political thought from the Restoration to the Wilkites and discusses how this evolution informed the contentious actions of the Wilkites as they formed the first mass movement to promote a specific political issue.

Hydrology vs sovereignty: managing the hydrological interdependency of international rivers

In managing international rivers, governments are subject to two different boundaries. The socio-politically constructed boundaries governed by sovereignty and the physical boundaries imposed by the river's hydrology. The existence of a hydrological interdependency within an international basin means that “how” it is managed is important in constructing certainty in water supply. We compare two experiences from Europe and Africa to see the effect of sovereignty on the management of a basin's hydro-interdependency. Portugal and Spain have followed a Westphalian interpretation of sovereignty in the Guadiana basin to develop their physical infrastructure unilaterally and “sever” the hydro-interdependency. In contrast, using an operational interpretation of sovereignty, Guinea, Mali, Mauritania and Senegal have chosen to embrace the Senegal river's hydro-interdependency and develop it jointly. A key lesson that emerges is that the approach used determines the pattern of resilience constructed in each system.

Pan-African Multilateralism: Transformative or Disconnected?

Despite a multitude of international institutions on the African continent, worldwide Africa's multilateralism has generally received little attention. Yet, with the emergence of the African Union (AU) and its institutions, questions arise about its character. Will rhetoric and state symbolism take the place of substance or will the space opened up for democracy and civil society participation allow for greater democratically informed sustainability? With this in mind, the article addresses the issue to what extent the character of African multilateralism continues to display features of disconnectedness as opposed to those of transformation, where its institutions address issues of uneven development in concert with civil society concerns. A more participative multilateralism could have Africa more credibly participate internationally to leverage concessions from the international community. In the interim, amidst state-centred interpretations of sovereignty there remains the rhetorical and only partial participation of civil society in the institutions of the new AU. The question remains open whether Africa's new multilateralism is becoming transformative in ways that would make it more dualistic in a Coxian sense, connected with the basic social and developmental concerns of greater African society, or whether it remains disconnected with any civil society base.

The evolution of the state in conditions of globalization

Various prospects and scenarios regarding the evolution of the nation state in conditions of increasing globalization are considered. Current views according to which the nation state will disappear are seen as exaggerated; although a simple continuation of the present role of nation states is also unlikely. It is concluded that nation states will not become extinct in the near future as they are needed as a decisive factor in organizing life within nations and conducting international relations as well as controlling spontaneous actions in the global economy. However, it is necessary to study the limits and consequences of the transfer of nation state sovereignty both upward toward regional and international bodies, and downward, in the direction of decentralization, as the interpretation of sovereignty is different today from even a few decades ago.