The concept of sovereignty still generates a considerable amount of debate in the discipline of International Relations. Using myth as a heuristic device, I argue that part of this confusion result...

This paper interprets the relation between sovereignty and guilt in Nietzsche's Genealogy. I argue that, contrary to received opinion, Nietzsche was not opposed to the moral concept of guilt. I analyse Nietzsche's account of the emergence of the guilty conscience out of a pre-moral bad conscience. Drawing attention to Nietzsche's references to many different forms of conscience and analogizing to his account of punishment, I propose that we distinguish between the enduring and the fluid elements of a ‘conscience’, defining (...) the enduring element as the practice of forming self-conceptions. I show that for Nietzsche, the moralization of the bad conscience results from mixing it with the material concepts of guilt and duty, a process effected by prehistoric religious institutions by way of the concept of god. This moralization furnishes a new conception of oneself as a responsible agent and holds the promise of sovereignty by giving us a freedom unknown to other creatures, but at the price of our becoming subject to moral guilt. According to Nietzsche, however, the very forces that made it possible have spoiled this promise and, under the pressures of the ascetic ideal, a harmful notion of responsibility understood in terms of sin now dominates our lives. Thus, to fully realize our sovereignty, we must liberate ourselves from this sinful conscience. (shrink)

This book asks whether sovereignty can guarantee international equality by exploring the discourses of sovereignty and their reliance on the notions of civilisation and savagery in two historical colonial encounters: the French explorations of Canada in the 16th century and the domestic troubles linked to the Wars of Religion. Presenting the concept of 'civilised sovereignty', Mathieu reveals the interplay between the domestic and external claims to sovereignty, and offers a dynamic analysis of the theory and practice (...) of the concept. Based on extensive archival research, this book provides an in-depth intellectual picture of the theory and practice of sovereignty in early modern France by focusing on the discourses deployed by French political theorists. Mathieu applies performativity in order to denaturalise these discourses of statehood and reveals how the domestic and international constructions of sovereignty feed into one another and equally rely on appeals to civilisation and savagery. Overall, the book questions the 'myth of sovereignty as equality' and reflects on the persistence of this association despite the overwhelming empirical evidence that it institutes international hierarchies and inequalities. (shrink)

The article explores the distinction between authority and authoritarianism from the perspective of the concept of sovereignty.

The present essay reconsiders Georges Bataille’s politics of the impossible in light of Jean-Luc Nancy’s and Philippe Lacoue-Labarthe’s collaborative work conducted at the Centre for Philosophical Research on the Political. In particular, my submission critically assesses Nancy’s and Lacoue-Labarthe’s concerted effort to displace the problematic of the subject to make room for a new ground of the political derived from Bataillean conception of community. While Bataille’s philosophy proved to be decisive to Nancy’s and Lacoue-Labarthe’s exploratory research at the Centre, it (...) also constituted a source of profound ambivalence insofar as Bataillean thinking of relation necessarily leads back to the question of the subject. The paper argues that Nancy’s admitted failure to develop the unprecedented Bataillean politics is rooted in persistence of the subject in Bataille’s philosophy. At the same time, it maintains that what Nancy perceived as a failure must be grasped as success since Bataillean determination of the political necessitates not so much an eradication of the problematic of the subject, as its re-elaboration. If, as Nancy and Lacoue-Labarthe suggest, construction of the subject throughout the development of Western metaphysics has determined philosophical thinking of political community, then Bataillean sovereignty allows for a new and non-identitarian conception of community not bound to the destiny of the state. (shrink)

In this important book Peter G. Brown seeks to chart a new future for the species that share the earth. He offers an innovative, yet historically grounded, argument for human rights to bodily integrity; to moral, religious, and political choice; and to subsistence that all persons owe each other irrespective of nationality. He also argues that we have direct moral obligations to non-humans - he calls this 'respect for the commonwealth of life'. Honouring these obligations requires a thorough regrounding of (...) human institutions. Through a series of careful arguments the reader is shown: *How we could reconceptualise economics from a growth orientation to an economics of stewardship as a moral end.*How governments could be thought of as trustees to protect human rights and commonwealth of life.*How civil society could be organised and property rights reconceptualised in service of these objectives.The book concludes with the argument that traditional prerogatives of nation states need to be transparent to enforceable international standards concerning human rights and the commonwealth of life, and offers a practical agenda for beginning this fundamental reorientation. (shrink)

Was the emperor as sovereign allowed to seize the property of his subjects? Was this handled differently in late medieval Roman law and in the practice and theory of zabt in Mughal India? How is political sovereignty relating to the church's powers and to trade? How about maritime sovereignty after Grotius? How was the East India Company as a 'corporation' interacting with an Indian Nawab? How was the Shogunate and the emperor negotiating 'sovereignty' in early modern Japan? (...) The volume addresses such questions through thoroughly researched historical case studies, covering the disciplines of History, Political Sciences, and Law. Contributors include: Kenneth Pennington, Fabrice Micallef, Philippe Denis, Sylvio Hermann De Franceschi, Joshua Freed, David Dyzenhaus, Michael P. Breen, Daniel Lee, Andrew Fitzmaurice and Kajo Kubala, Nicholas Abbott, Tiraana Bains, Cornel Zwierlein, Mark Ravina. (shrink)

‘The political’ is much talked about today, but its invocation in international political theory is all but entirely dismissed. Yet, moral-ethical articulations do impact theorizing about international life, albeit in a most peculiar and often concealed fashion. In this paper I investigate the modernity of sovereignty in political and international theory and explain why invocations of the moral-ethical are so forcefully liquidated from international relations theory. I examine the constitutive effects of the sovereignty imperative and explain how modern (...) notions of ethics, politics and community are delimited by the need to effect what can be made to count as the pre-political ground of will-formation. A peculiar modernist strategy delimits the imagination of the politically possible in international life. I argue that critique must attend and not dispense with a fundamental paradoxicality (which is transfigured as modernity’s very metaphysical embodiment) that structures a distinctively modern manner of reflecting on ethics and community. The paradoxicality is sovereignty. It is accommodated by a liberal politics that works to conceal a restive anxiety of the modern ‘condition’. This anxiety is in turn productive of a politics with which we must grapple as we elaborate governance in global life. (shrink)

This article presents a critical account of Agamben’s understanding of the logic of sovereignty and of the notion bare life, particularly Agamben’s approach to the paradox of sovereignty and its relation to Aristotle’s metaphysical category of potentiality. With regards to bare life, it brings together an analysis of the figure of the homo sacer with an account of Agamben’s use of paradigms as methodological tools. The first part of the paper argues that Agamben ontologises sovereignty by dramatising (...) the paradox of its structure as im-potentiality. The second part claims that even though an account of Agamben’s methodology serves to respond to the different critiques that his notion of bare life has raised, Agamben’s notions of sovereignty and of bare life ultimately rely on Schmitt’s decisionism. El artículo hace un recuento crítico de la forma en que Agamben entiende la lógica de la soberanía y la noción de nuda vida, particularmente su abordaje de la paradoja de la soberanía y su relación con la categoría metafísica aristotélica de la potencialidad. Con respecto a la nuda vida, combina el análisis de la figura del homo sacer con un recuento del uso que hace Agamben de los paradigmas como herramientas metodológicas. En la primera parte del ensayo, se argumenta que Agamben ontologiza la soberanía al dramatizar la paradoja de su estructura como im-potencialidad. En la segunda, se afirma que aunque la descripción de la metodología de Agamben sirve para responder a las diferentes críticas suscitadas por su noción de nuda vida, sus nociones de soberanía y de nuda vida dependen, en última instancia, del decisionismo de Schmitt. Este artigo apresenta a versão crítica do entendimento de Agamben sobre a lógica da soberania e da noção de vida nua. Em particular, a aproximação de Agamben para o paradoxo da soberania e da sua relação com a categoria metafísica da potencialidade de Aristóteles. No que diz respeito à vida nua, reúne uma análise da figura do homo sacer com uma explicação do uso de Agamben de paradigmas como ferramentas metodológicas. Na primeira parte deste artigo, argumenta-se que Agamben ontologiza a soberaniadramatizando o paradoxo de sua estrutura como im-potencialidade. Na segunda parte, será alegado que, apesar de uma explicação da metodologia de Agamben ter servido para responder às diferentes críticas que sua noção de vida nua tenha levantado, em última análise, duas noções da soberania e vida nua de Agamben dependem do "decisionismo schmittiano". (shrink)

This book focuses on sovereignty referendums, which have been used throughout different historical periods of democratization, decolonization, devolution, secession and state creation. Referendums on questions of sovereignty and self-determination have been a significant element of the international political and legal landscape since the French Revolution, and have been a central element in the resolution of territorial issues from the referendum in Avignon in 1791 until today. More recent examples include Quebec, East Timor, New Caledonia, Puerto Rico and South (...) Sudan. The global aim of this book is to achieve a better empirical and legal understanding of sovereignty referendums and related problems in international and national law and politics. Accordingly, it presents readers a comprehensive study of sovereignty referendums from the perspectives of both international and constitutional law. (shrink)

Contemporary Foucauldian research assimilates the political with governance. This formulation dates to Foucault's emphasis on the significance of the anti-Machiavellians in introducing the concept of governance into political theory. Returning to Machiavelli, we argue that early modern political theory was instead characterized by the simultaneous problematization of ruler and ruled, and the co-constitution of sovereignty and governance. We then outline the relation of ruler and ruled in the political structure of the democratic sovereign. Concepts of both sovereignty and (...) governance are necessary to theorize the political in modernity, including the dangers that arise from fusing sovereignty and governance, as occurred during the Nazi period in Germany, when the distinction between the sovereign people and the governed population was conflated. (shrink)

Reading and writing must be more than passive processes of mimetic display; rather, they should offer a platform for psychological transformations across race and gender. Thus literary sovereignty vis-à-vis ownership of creative expression and representations of self can be reclaimed. This essay offers close analysis of contemporary Australian Indigenous literature to explore the sovereignty of feminist psychologies. Does creative writing reflect a strengthening of female Indigenous psychologies, and how might this implicate race relations and the decolonization of textual (...) worlds? These questions are inspired by Alexis Wright's most recent novel The Swan Book where she writes about “the quest to regain sovereignty over [her] own brain.” This article will explore the term craziness in a metaphorical sense: looking at whether rejecting dominant white culture equates to psychological sovereignty, improved mental well-being, and better race relations in imaginary realms. Indigenous characters in Wright's The Swan Book and Marie Munkara's Every Secret Thing may appear “crazy” for living in a state of indifference, but paradoxically, it is this state of “craziness” or indifference that empowers them to find psychological peace and resist assimilation. Seeking psychological sovereignty means assuming a position so averse to patriarchy and colonization that it renders transformation in imaginary worlds, and urges transformation in the psyches of white readers too. (shrink)

This article holds that governmental investments in quantum technologies speak to the imaginable futures of digital sovereignty and digital infrastructures, two major areas of change driven by related technologies like AI and Big Data, among other things, in international law today. Under intense development today for future interpolation into digital systems that they may alter, quantum technologies occupy a sort of liminal position, rooted in existing assemblages of computational technologies while pointing to new horizons for them. The possibilities they (...) raise are neither certain nor determinate, but active investments in them (legal, political and material investments) offer perspective on digital technology-driven influences on an international legal imagination. In contributing to visions of the future that are guiding ambitions for digital sovereignty and digital infrastructures, quantum technologies condition digital technology-driven changes to international law and legal imagination in the present. Privileging observation and description, I adapt and utilize a diffractive method with the aim to discern what emerges out of the interference among the several related things assembled for this article, including material technologies and legal institutions. In conclusion, I observe ambivalent changes to an international legal imagination, changes which promise transformation but appear nonetheless to reproduce current distributions of power and resources. (shrink)

The political make-up of the contemporary world changes with such rapidity that few attempts have been made to consider with adequate care, the nature and value of the concept of sovereignty. What exactly is meant when one speaks about the acquisition, preservation, infringement or loss of sovereignty? This book revisits the assumptions underlying the applications of this fundamental category, as well as studying the political discourses in which it has been embedded. Bringing together historians, constitutional lawyers, political philosophers (...) and experts in international relations, Sovereignty in Fragments seeks to dispel the illusion that there is a unitary concept of sovereignty of which one could offer a clear definition. This book will appeal to scholars and advanced students of international relations, international law and the history of political thought. (shrink)

This article explores the tensions between cosmopolitanism and sovereignty as a means to conceptualize the ethics of European foreign policy. It starts by discussing the claim that, in order for the EU to play a meaningful role as an international actor, a definition of the common ethical values orienting its political conduct is required. The question of a European federation of states and its ethical conceptualization emerges clearly in some of the philosophical writings of the 17th and 18th centuries. (...) I seek to provide an outline of the main arguments presented by authors such as Saint Pierre, Rousseau and Kant regarding the implications of the emerging difference between cosmopolitanism and the law of nations in the ethics of international relations. The article focuses on the normative significance of the concept of sovereignty as it emerges in modern political philosophy and highlights its tensions with the ideas of moral and political cosmopolitanism. This exploration serves a double function: theoretical and practical. From the theoretical perspective it leads to a better understanding of the tensions involved in conceptualizing a common ethical orientation for the states of Europe. From the practical standpoint it sheds light on some persistent difficulties the European Union faces in trying to move beyond an intergovernmental political arrangement in the field of foreign policy. (shrink)

This volume explores moral and legal issues relating to sovereignty by addressing foundational questions about its nature, examining state sovereignty between states, and dealing with post 9/11 developments in the U.S., potentially destabilizing received views of democratic sovereignty. With essays addressing foundational, state and international sovereignty, the book focuses on Post 9/11 developments including the profusion of secret national security programs, including those pertaining to the interrogation, rendition, and detention of terror suspects; signal intercepts and meta-data (...) analysis; and targeted killing of irregular militants; prompting questions regarding the legitimacy of executive power in this arena. (shrink)

Bertrand de Jouvenel was a renowned French philosopher and political economist. In Sovereignty he turned his attention to the relationship between the distribution of power and the creation of an ethical society. More specifically, he was concerned with the potential confusion of the body politic resulting from the development of increasingly dynamic and nebulous social conditions. The text is written in an exploratory fashion, reflecting the authorial perception of an ambiguity in modern political structures. This translated Cambridge edition, which (...) was first published in 1957, was derived from a 1955 French original. It constitutes an important contribution to post-war political theory that will remain of value to anyone with an interest in questions relating to political structures and the nature of authority. (shrink)

While theorists of cultural pluralism have generally supported tribal sovereignty to protect threatened Native cultures, they fail to address adequately cultural conflicts between Native and non-Native communities, especially when tribal sovereignty facilitates illiberal or undemocratic practices. In response, I draw on Jürgen Habermas' conceptions of dis-course and the public sphere to develop a universalist approach to cultural pluralism, called the 'intercultural public sphere', which analyzes how cultures can engage in mutual learning and mutual criticism under fair conditions. This (...) framework accommodates cultural diversity within formally universalistic parameters while avoiding four common criticisms of universalist approaches to cultural pluralism. But this framework differs from that of Habermas in two ways. First, it includes 'subaltern' publics, open only to members of cultural subgroups, in order to counter relations of 'cultural power'. Second, it admits 'strong' publics, democratic institutions with decision-making powers. Finally, I show how the subaltern, strong institutions of tribal sovereignty contribute to the fair discursive conditions required for mutual learning and mutual critique in an intercultural public sphere. Key Words: Habermas • Kymlicka • Native peoples • sovereignty • tribal. (shrink)

This article seeks to contribute to the thinking of forms of corporateness, sociality and authority in the context of, but also beyond, neoliberalism, the neoliberal state and neoliberal accounts of the corporation. It considers neoliberalism in relation to the theological genealogies of modernity, politics and economy, and the way in which neoliberalism itself functions as a secular religion—one which intensifies liberal individualism and involves a blind faith in the market redefining all social interactions in terms of contract. I turn to (...) the theological genealogies of sovereignty and economy, and of the corporation, as a way of grounding a radical consideration of collectivity and sociality. For, while the rise of neoliberalism is associated with the growth of multi-national or trans-national corporations, the privatisation of state assets and the corporatisation of public institutions, each of these involve not a diminishing of the state or the project of state sovereignty but rather its reformulation, reaffirmation and intensification. The corporation, despite being redefined as the interaction of fundamentally self-willing and contracting individuals operating in the market, is still fundamentally intertwined with state sovereignty. Attempts to address or respond to corporate power need to go beyond calls for greater regulation of corporations, increased corporate social responsibility or even the desire to eliminate corporate personhood. Rather, what is required is a greater emphasis on the notion of corporateness that undergirds the theological genealogy of the corporation—for if neoliberalism functions as a religion then part of the solution may be a theological one. (shrink)

Food sovereignty asserts the right of peoples to define and organize their own agricultural and food systems so as to meet local needs and so as to secure access to land, water and seed. A commitment to gender equity has been embedded in the food sovereignty concept from its earliest articulations. Some might wonder why gender justice should figure so prominently in a food movement. In this paper I review and augment the arguments for making gender equity a (...) central component of food sovereignty. The most common argument is: if women constitute the majority of the world’s food producers, then agricultural policy is a women’s issue. And insofar as patriarchal social relations continue to dominate the globe, then changing agricultural policies will require explicit attention to gender injustice. I suggest that this is a good argument, but that an ecological feminist perspective can provide additional theoretical reasons for maintaining the centrality of gender justice in food sovereignty discourse. Moreover, ecological feminism can provide a robust theoretical framework that coheres a concept and movement with a wide set of concerns. My critique positions food sovereignty’s call to social justice as embedded in a truly radical re-thinking of dominant conceptual frameworks, and re-envisioning of political and ethical relations. (shrink)

New data-driven technologies yield benefits and potentials, but also confront different agents and stakeholders with challenges in retaining control over their data. Our goal in this study is to arrive at a clear picture of what is meant by data sovereignty in such problem settings. To this end, we review 341 publications and analyze the frequency of different notions such as data sovereignty, digital sovereignty, and cyber sovereignty. We go on to map agents they concern, in (...) which context they appear, and which values they allude to. While our sample reveals a considerable degree of divergence and an occasional lack of clarity about intended meanings of data sovereignty, we propose a conceptual grid to systematize different dimensions and connotations. Each of them relates in some way to meaningful control, ownership, and other claims to data articulated by a variety of agents ranging from individuals to countries. Data sovereignty alludes to a nuanced mixture of normative concepts such as inclusive deliberation and recognition of the fundamental rights of data subjects. (shrink)

Achieving energy sovereignty is increasingly gaining prominence as a goal in energy politics. The aim of this paper is to provide a conceptual analysis of this principle from an ethics and social justice perspective. We rely on the literature on food sovereignty to identify through a comparative analysis the elements energy sovereignty will most likely demand and thereafter distinguish the unique constituencies of the energy sector. The idea of energy sovereignty embraces a series of values, among (...) which we identified: (i) accessibility, to allow access to everyone, (ii) empowerment and recognition, to develop and sustain capabilities to collaboratively produce solution-oriented energy system knowledge and effectively participate in governance, (iii) stewardship and sustainability, to be able to design and manage decentralised renewable systems in view of protecting the environment, (iv) self-sufficiency, to reduce the negative shocks of exploitative business practises, (v) resilience, to maintain production capacities while withstanding socioeconomic, political, environmental and climatic shocks, (vi) peace, to establish production systems that do not involve hostile relations, (vii) transparency and self-determination, to establish democratic decision-making mechanisms that give a voice to previously underrepresented groups and limit corporate takeover (viii) gender-justice, by acknowledging the contributions of women and eliminate barriers to their empowerment. With a conceptual framework of energy sovereignty, we present a rationale that draws on the key values to be considered when formulating policy solutions for the energy sector. (shrink)

This Article is based on a larger work that seeks to map the uses of different legal vocabularies by ambitious European legal and political thinkers in the period of c.1300-1800 in order to defend, explain and organize the exercise of power outside the domestic commonwealth. The Article examines the ways in which English legal languages were used to think about, propagate and defend English transatlantic expansion. For most of that time, in their relations public and private power remained closely interwoven. (...) The pluralism of English law also contributed to the appearance of arguments from property and sovereignty in different configurations so that it is often hard to figure out which precise connotation is being made. The uses also varied significantly from Continental practices. I am above all interested in the imperial or colonial significance of these arguments. The point that emerges here is that by 1800, a conception of British Empire had arisen where the exercise of sovereign power was clearly derivative from and supplementary to claims about private property. (shrink)

It is a common charge that treaties, perhaps especially recent treaties relating to economic activity, provide unreasonable restrictions on the sovereignty of the state parties. While this charge has been made most forcefully by smaller states, it is sometimes raised with justification by larger states or state-like bodies such as the E.U. as well. When a tribunal judging a dispute on an economic treaty tells a state that it may no longer make decisions such as to accept or reject (...) genetically modified foods, allow internet gambling, or produce generic drugs for domestic consumption, the citizens of the state may rightfully think they have lost important aspects of sovereignty to bodies that do not have legitimate authority to govern. This, in turn, makes negotiating treaties, despite their obvious value, much harder than it otherwise would be, leading to decreased cooperation and the forgoing of potentially significant gain. In this paper, I argue that by importing certain ideas from contract theory to the interpretation of treaties, these worries may be significantly reduced. Contracts have the seemingly paradoxical ability to increase the autonomy of the signers by allowing them to bind themselves to perform certain future actions. But, the ability of contracts to perform this function would be greatly reduced if the only possible remedy for breach were specific performance. Yet, an analogous approach to treaties is common among many important theorists of international law, who demand the equivalence of specific performance in the case of treaties. I will show how importing ideas from contract law can help ensure that treaties, especially economic treaties, are sovereignty-enhancing for states in a way that is similar to the way that contracts may be autonomy-enhancing for individuals, and will show that importing these elements from contract law will strengthen, not undermine, the legitimacy and fairness of international law. (Please download the full paper from SSRN at the link on this page). (shrink)

Using the Western tradition of metaphysical and political thought as a backdrop, Critique of Sovereignty (a work in 4 volumes) re-examines the concept of sovereignty in order to better understand why our ethical values and technical capacities often seem so divorced from our lived realities. On the one hand, ostensibly self-enclosed entities like the nation-state and the person are rhetorically bolstered as sites of technical agency and/or moral responsibility. On the other hand, these same entities appear fragile -- (...) if not purely fictional -- in relation to ever ongoing tidal processes such as the migration, diffusion, and conglomeration of bodies, capital, ideas, etc. While some of our institutions might work some of the time, they always seem to work differently than we like to think they do. Accordingly, the forging of more humane institutions might very well entail if not require ways of thinking that strive to undo the self-imagined binds, exceptions, and sureties of thought for the sake of embracing a continuity with all that withers, decays, and falls away. Book I, "Contemporary Theories of Sovereignty," compares the varied interpretations of sovereignty given by a range of 20th-century political theorists (Maritain, Foucault, Derrida, Schmitt, Agamben, Hardt, and Negri) with Jean Bodin's initial outline of the concept, rendered at the outset of modern political thought in the 16th century. The analytic framework of sovereignty encountered in these comparative readings provides an initial point of departure for unfolding a method of critique appropriate to the concept of sovereignty. Sovereignty is an ideal starting point for a critique of the deadlocks between thought and reality for a simple reason: it doesn't actually exist. When it serves as a guide to action, sovereignty may be regarded as a particularly captivating fantasy. The closer it appears, the further it recedes, and, too often, the more vigorously it is pursued. (shrink)

Taking globalization to be in large part a consequence of American domination, we follow Derrida's characterization of this domination as being a mode of sovereignty of world-scale institutions and force. Such sovereignty, which is also a roguery, is the primary actual condition for a global knowledge. Bataille's characterization of rogue sovereignty, however, proposes that knowledge is eclipsed under such a condition by an experience that is irreducibly an unknowing. Knowledge is thus corroded by – or, at best, (...) in a critical relation to – the manifestation of a global experience generated by the actual conditions of globalization. (shrink)

Bertrand de Jouvenel (1903–1987) was a renowned French philosopher and political economist. In Sovereignty he turned his attention to the relationship between the distribution of power and the creation of an ethical society. More specifically, he was concerned with the potential confusion of the body politic resulting from the development of increasingly dynamic and nebulous social conditions. The text is written in an exploratory fashion, reflecting the authorial perception of an ambiguity in modern political structures. This translated Cambridge edition, (...) which was first published in 1957, was derived from a 1955 French original. It constitutes an important contribution to post-war political theory that will remain of value to anyone with an interest in questions relating to political structures and the nature of authority. (shrink)

Sovereignty apparently never ceases to attract scholarly attention. Long gone are the days when its meaning was uncontested and its essential attributes could be safely taken for granted by international theorists. During the past decades international relations scholars have increasingly emphasized the historical contingency of sovereignty and the mutability of its corresponding institutions and practices, yet these accounts have been limited to the changing meaning and function of sovereignty within the international system. This focus has served to (...) reinforce some of the most persistent myths about the origin of sovereignty, and has obscured questions about the diffusion of sovereignty outside the European context. (shrink)

The doctrine of parliamentary sovereignty of the United Kingdom parliament is often presented as a unique legal arrangement, one without parallel in comparative constitutional law. By giving unconditional power to the Westminster parliament, it appears to rule out any comparison between the Westminster Parliament and the United States Congress or the German Bundestag, whose powers are limited by their respective constitutions. Parliament in the UK appears to determine the law unconditionally and without limit. Nevertheless, a fuller understanding of parliamentary (...) sovereignty as a legal and constitutional doctrine shows that this first impression is false. The nature of the British unwritten constitutional order is entirely similar to the written one prevailing in the United States or Germany. This is because the doctrine of parliamentary sovereignty, contrary to Dicey’s classic view, does not consist in a single dominant idea but in a number of related and mutually supporting principles that constitute higher law. The way in which these principles interact is parallel to the interaction of the main clauses of the United States Constitution or the German Basic Law. This analysis shows that the constitution, written or unwritten, never requires a ‘pouvoir constituent’. The constitution emerges from the law as the result of moral and political principles that breathe life into our public institutions. (shrink)

Seeking new forms of democracy, progressive politics raises a fundamental question: what is the alternative to the allegedly coherent, self-contained liberal subject that represents the project of modernity? Exploring the themes of nature, race, and the divine, this book identifies the more realistic alternative in the "relational subject": a subject that is inseparable from the global field of relations through which it emerges and yet distinct from that field because it lives a life that no one else ever has. (...) Recognizing ourselves as such subjects allows us not only to rethink politics, but, more profoundly, to envision sovereignty as the means by which we each rejuvenate ourselves and the polities we constitute with others. (shrink)

Chopra and Weiss address perhaps the fundamental issue in international relations today: the sacrosanct sets of sovereignty. The word "sovereignty" explains why the international community has difficulty countering human rights violations.

The coronavirus pandemic and climate crisis have highlighted the power of governments in relation to people and the societies in which they live. This article looks at two sociological approaches that together capture the core features of the relationship between sovereignty, society and individual safety. Sociologists of human rights point to the importance of sovereignty for the enforcement of human rights and draw on the work of Arendt, who argues all rights are lost to those who find themselves (...) outside the protection of the state. Wickham’s Hobbesian sociology adds an important social dimension to these ideas. He adopts Hobbes’ argument that sovereignty secures both society and the protection of people. The article recovers additional ideas in Hobbes’ theory of rights that further link these two approaches. For Hobbes, governments hold a responsibility to protect their citizens’ right to survive. The article discusses the relevance of these ideas to the coronavirus pandemic and climate crisis. It argues sociology is well-placed to explore ways in which the continued exercise of sovereign power in relation to society and human survival is shaping humanity’s response to these global crises. (shrink)

Employs historical analysis and philosophical reasoning to argue that sovereignty is inherently limited. The writings of classical theorists such as Grotius and Vattel indicate that aspirations to sovereignty and non-intervention have always been tempered by considerations above and beyond the state. Philosophically, it must be remembered that sovereignty is a right, and the concept of a right makes no sense in the absence of a corresponding duty. The duties that are constitutive of the rights of sovereignty (...) constrain the behaviour of every sovereign belonging to international society. Two conclusions follow. First, there are limits on how states may treat their own citizens within their own territory. Second, other states face specific limits concerning the ill-treatment of residents within the territory of other states that they are free to ignore. In particular, genocide and massive violations of human rights are a matter of concern for all states in contemporary international society. (shrink)

Food sovereignty can be conceptualized as a political proposal for social change in the field of agri-food relations. However, specific strategies of how to achieve this transformative potential are diverse, and context-dependent. The paper explores this diversity by examining discourses on the food sovereignty construction process in Catalonia. Using Q methodology we have explored visions held by individuals participating in the social movement for food sovereignty, identifying five discourses: activism, anti-purism, self-management, pedagogy, and pragmatism. Key strategies of (...) transformation include social mobilization, institutional negotiation, self-management, education to foster value change, and politics of the possible. The relevance assigned to ideological affinity explains different views on the subject of transformation, particularly regarding the involvement of the administration and the productive sector. As regards transformative strategies, discourses assign differing importance to the role of agency for effecting social transformation, which influences their assessment of individual actions as an effective means for social change. Forms of individualized and classic collective action currently coexist within the Catalan agri-food movement, but such diversity is not acknowledged as an effective alliance towards food sovereignty. Moreover, all discourses agree to a dual definition of food sovereignty, both as a process, that is, as democratization of the decision-making process in the agri-food sector, and as a result, that is, establishing an agri-food model alternative to the neo-liberal one. However, the discourses share an unclear view of democracy as decentralized collective decision-making that does not make explicit how this model should be implemented to achieve social control of the agri-food system. (shrink)

The originality of Foucault’s work lies in part in how he reverses the question of power, asking not how power is held and imposed, but how it is produced. In both his discussion of sovereignty and governmentality, though, Foucault skips over the res publica; a form of political organization that fits neither Foucault’s characterization of sovereignty nor the care of the self. I extend Foucault’s discussion to identify a ratio of government around the discipline of ownership by which (...) the res publica was made intelligible, its relations understood, and its logic organized. I end by suggesting some implications for neo-Roman interpretations of liberty as non-domination. (shrink)

The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human (...) rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field. (shrink)

The notion of sovereignty plays an important part in various areas of law, such as constitutional law and international public law. Though the concept of sovereignty as applied in constitutional law differs from that used in international public law, there is no true consensus on the meaning of “sovereignty” within these respective fields, either. Is sovereignty about factual power, or only about legal equality? Do only democracies have sovereignty, because they have legitimacy, or is there (...) no connection between democracy, legitimacy and sovereignty? Has the European Union encroached upon the sovereignty of the Member States, or is transferring competences to the European Union an expression and exercise of the very sovereignty some claim is under attack? Is it about states, or is it about peoples having a right to self-determination, and if the latter, does this represent popular sovereignty or something else? In order to answer these and related questions, we need a clear grasp of what “sovereignty” means. This book provides an analytical and conceptual framework for “sovereignty” in the context of law. The book does not seek to describe how the term “sovereignty” is used in the different contexts and discourses in which it is employed, but rather distinguishes between two possible meanings of sovereignty that allow the reader to use the term with specificity and clarity. In this way, this book hopes to offer valuable analytical tools for politicians, constitutional and international lawyers and legal theorists that help them be clear about what they mean when they speak of “sovereignty.”. (shrink)

‘Food sovereignty’ plays an increasingly important political role as a focus for grassroots agri-food organisations, such as La Via Campesina, in their attempts to contest the social injustices, health impacts and ecological damage resulting from the increasing global dominance of corporate/industrial agriculture. While not seeking to detract from the successes of such movements, there remain ethical, political and ecological concerns about just how the ‘sovereignty’ in food sovereignty is to be interpreted and what, if any, its relation (...) to previous histories, definitions and applications of political sovereignty might be. Sovereignty's role, for example, in settler colonialism and environmental destruction is rarely addressed in the food sovereignty literature, with advocates focusing instead on its definitional malleability and contemporary political utility. Yet critical appropriations of Schmitt's infamous definition of sovereignty help to specify its colonial, anti-political and anti-ecological modus operandi, and make clear certain dangers inherent in uncritically adopting the term. (shrink)

The concept of food sovereignty is becoming an element of everyday parlance in development politics and food justice advocacy. Yet to successfully achieve food sovereignty, the demands within this movement have to be compatible with the way people are pursuing consumer sovereignty, and vice versa. The aim of this article is to examine the different sets of demands that the two ideals of sovereignty bring about, analyze in how far these different demands can stand in constructive (...) relations with each other and explain why consumers have to adjust their food choices to seasonal production variability to promote food sovereignty and so secure future autonomy. (shrink)

Dieter Grimm's accessible introduction to the concept of sovereignty ties the evolution of the idea to historical events, from the religious conflicts of sixteenth-century Europe to today's trends in globalization and transnational institutions. Grimm wonders whether recent political changes have undermined notions of national sovereignty, comparing manifestations of the concept in different parts of the world. Geared for classroom use, the study maps various notions of sovereignty in relation to the people, the nation, the state, and the (...) federation, distinguishing between internal and external types of sovereignty. Grimm's book will appeal to political theorists and cultural-studies scholars and to readers interested in the role of charisma, power, originality, and individuality in political rule. (shrink)

The classical theory of sovereignty describes sovereignty as absolute and undivided yet no early modern state could claim such features. Historical record instead suggests that sovereignty was always divided and contested. In this article I argue that Foucault offers a competing account of sovereignty that underlines such features and is thus more historically apt. While commentators typically assume that Foucault’s understanding of sovereignty is borrowed from the classical theory, I demonstrate instead that he offers a (...) sui generis interpretation, which results from the application of his general strategic conception of power to sovereignty itself. In construing sovereignty through a “matrix” of civil war, Foucault thus deprives it of the absoluteness traditionally attributed to it. Instead, he views sovereignty as constituted by conflictual and mobile power relations, a precarious political technology that deploys violence to restore its authority. I also motivate Foucault’s contention that popular sovereignty remains fundamentally continuous with the absolutist sovereignty it succeeds, insofar as it masks and thereby perpetuates unequal power relations in conditions of social conflict. According to Foucault, sovereignty is not a fact of power but a contestory claim, a discourse whose mutability helps to explain its persistence today. (shrink)

Scientific interest in genomics in Africa is on the rise with a number of funding initiatives aimed specifically at supporting research in this area. Genomics research on material of African origin raises a number of important ethical issues. A prominent concern relates to sample export, which is increasingly seen by researchers and ethics committees across the continent as being problematic. The concept of genomic sovereignty proposes that unique patterns of genomic variation can be found in human populations, and that (...) these are commercially, scientifically or symbolically valuable and in need of protection against exploitation. Although it is appealing as a response to increasing concerns regarding sample export, there are a number of important conceptual problems relating to the term. It is not clear, for instance, whether it is appropriate that ownership over human genomic samples should rest with national governments. Furthermore, ethnic groups in Africa are frequently spread across multiple nation states, and protection offered in one state may not prevent researchers from accessing the same group elsewhere. Lastly, scientific evidence suggests that the assumption that genomic data is unique for population groups is false. Although the frequency with which particular variants are found can differ between groups, such genes or variants per se are not unique to any population group. In this paper, the authors describe these concerns in detail and argue that the concept of genomic sovereignty alone may not be adequate to protect the genetic resources of people of African descent. (shrink)

The terms “sovereignty” and “state” are used very loosely in scholarly literature. “State sovereignty” is central to many scholarly disciplines and controversial real case scenarios, including territorial disputes; pandemics; arms, drug and human trafficking; terrorism; and the flow of refugees. Unsurprisingly, when academics apply the term “state sovereignty” disagreements can be expected. This paper reviews a series of conceptions pertaining to “state sovereignty” and proposes a shift from the current unidimensional understanding to a multidimensional approach. This (...) is because state sovereignty is an intricate concept that includes several pluralisms, such as agents and the roles they play in their interrelations (e.g. individuals, communities and states), contexts (i.e. domestic, regional and international), realms (e.g. factual, normative and axiological) and modes of existence (i.e. ideal, natural, cultural and metaphysical elements and features). Hence, this paper argues that different understandings on state sovereignty are not due to ontological discrepancies but relate to either epistemological choices because different scholars and scientific disciplines are interested in a particular pluralism pertaining to state sovereignty rather than the concept as a whole, or to axiological choices tightly linked to individuals, communities and/or states often ignored or undisclosed views and perceptions. By applying a multidimensional approach and taking into account two variables—time and space—the paper explains why the different conceptions on state sovereignty are connected with value judgments that still refer to the same concept applied to the object or subject of study (ontology) but from particular epistemological presuppositions often hidden, ignored or neglected. (shrink)