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Sovereignty and the Stateless Nation

Sovereignty and the Stateless Nation PDF Author: Keith Azopardi
Publisher: Bloomsbury Publishing
ISBN: 1847315429
Category : Law
Languages : en
Pages : 454

Book Description
Gibraltar is an Overseas Territory of the UK within the EU, which has for three centuries been at the centre of a dispute between Britain and Spain, a dispute based on traditional perceptions of sovereignty. Hitherto the dispute has been managed in a predominantly bilateral way, but this has prevented the people of Gibraltar having an equal say on the issue of Gibraltar's sovereignty and decolonisation. It has produced a paradox of governance and constitutionalism that encases the Gibraltar people. This book considers the effects of sovereignty and the culture of bilateralism on the dispute, and examines the resulting deficits of governance and democracy. In assessing the evolution of the themes underlying the dispute it asks how its resolution might be facilitated by the application of ideas drawn from the modern legal context of late sovereignty, pluralism and stateless nationalism, suggesting that a productive trilateral approach and recognition of the legal and societal context could enable an enduring settlement. The author marries theories from international relations, constitutional law and public international law in the context of modern literature on sovereignty and nationalism, applying these theories to the case-study of Gibraltar with emphasis on constitutionalism in its international and EU context to produce a ground-breaking addition to the literature on stateless nationalism, late sovereignty and constitutional pluralism. As such it also complements recent studies of sub-state societies, regions or nations within Europe and elsewhere, including Catalunya, the Basque Country and Scotland and Wales, and in the broader Commonwealth context, other British overseas territories. This book will be of interest to lawyers, political scientists, constitutional historians and constitutionalists.

Sovereignty and the Stateless Nation

Sovereignty and the Stateless Nation PDF Author: Keith Azopardi
Publisher: Bloomsbury Publishing
ISBN: 1847315429
Category : Law
Languages : en
Pages : 454

Book Description
Gibraltar is an Overseas Territory of the UK within the EU, which has for three centuries been at the centre of a dispute between Britain and Spain, a dispute based on traditional perceptions of sovereignty. Hitherto the dispute has been managed in a predominantly bilateral way, but this has prevented the people of Gibraltar having an equal say on the issue of Gibraltar's sovereignty and decolonisation. It has produced a paradox of governance and constitutionalism that encases the Gibraltar people. This book considers the effects of sovereignty and the culture of bilateralism on the dispute, and examines the resulting deficits of governance and democracy. In assessing the evolution of the themes underlying the dispute it asks how its resolution might be facilitated by the application of ideas drawn from the modern legal context of late sovereignty, pluralism and stateless nationalism, suggesting that a productive trilateral approach and recognition of the legal and societal context could enable an enduring settlement. The author marries theories from international relations, constitutional law and public international law in the context of modern literature on sovereignty and nationalism, applying these theories to the case-study of Gibraltar with emphasis on constitutionalism in its international and EU context to produce a ground-breaking addition to the literature on stateless nationalism, late sovereignty and constitutional pluralism. As such it also complements recent studies of sub-state societies, regions or nations within Europe and elsewhere, including Catalunya, the Basque Country and Scotland and Wales, and in the broader Commonwealth context, other British overseas territories. This book will be of interest to lawyers, political scientists, constitutional historians and constitutionalists.

Plurinational Democracy

Plurinational Democracy PDF Author: Michael Keating
Publisher: Oxford University Press, USA
ISBN: 0199240760
Category : Language Arts & Disciplines
Languages : en
Pages : 212

Book Description
This title draws on extensive research from four plurinational states - the United Kingdom, Spain, Belgium, and France - to provide a radical rethink of the very nature of sovereignty and the state.

Statelessness

Statelessness PDF Author: Mira L. Siegelberg
Publisher: Harvard University Press
ISBN: 0674240510
Category : History
Languages : en
Pages : 329

Book Description
The story of how a much-contested legal category—statelessness—transformed the international legal order and redefined the relationship between states and their citizens. Two world wars left millions stranded in Europe. The collapse of empires and the rise of independent states in the twentieth century produced an unprecedented number of people without national belonging and with nowhere to go. Mira Siegelberg’s innovative history weaves together ideas about law and politics, rights and citizenship, with the intimate plight of stateless persons, to explore how and why the problem of statelessness compelled a new understanding of the international order in the twentieth century and beyond. In the years following the First World War, the legal category of statelessness generated novel visions of cosmopolitan political and legal organization and challenged efforts to limit the boundaries of national membership and international authority. Yet, as Siegelberg shows, the emergence of mass statelessness ultimately gave rise to the rights regime created after World War II, which empowered the territorial state as the fundamental source of protection and rights, against alternative political configurations. Today we live with the results: more than twelve million people are stateless and millions more belong to categories of recent invention, including refugees and asylum seekers. By uncovering the ideological origins of the international agreements that define categories of citizenship and non-citizenship, Statelessness better equips us to confront current dilemmas of political organization and authority at the global level.

Visions of Sovereignty

Visions of Sovereignty PDF Author: Jaime Lluch
Publisher: University of Pennsylvania Press
ISBN: 0812246004
Category : History
Languages : en
Pages : 344

Book Description
In the contemporary world, there are many democratic states whose minority nations have pushed for constitutional reform, greater autonomy, and asymmetric federalism. Substate national movements within countries such as Spain, Canada, Belgium, and the United Kingdom are heterogeneous: some nationalists advocate independence, others seek an autonomous special status within the state, and yet others often seek greater self-government as a constituent unit of a federation or federal system. What motivates substate nationalists to prioritize one constitutional vision over another is one of the great puzzles of ethnonational constitutional politics. In Visions of Sovereignty, Jaime Lluch examines why some nationalists adopt a secessionist stance while others within the same national movement choose a nonsecessionist constitutional orientation. Based on extensive fieldwork in Canada and Spain, Visions of Sovereignty provides an in-depth examination of the Québécois and Catalan national movements between 1976 and 2010. It also elaborates a novel theoretical perspective: the "moral polity" thesis. Lluch argues persuasively that disengagement between the central state and substate nationalists can lead to the adoption of more prosovereignty constitutional orientations. Because many substate nationalists perceive that the central state is not capable of accommodating or sustaining a plural constitutional vision, their radicalization is animated by a moral sense of nonreciprocity. Mapping the complex range of political orientations within substate national movements, Visions of Sovereignty illuminates the political and constitutional dynamics of accommodating national diversity in multinational democracies. This elegantly written and meticulously researched study is essential for those interested in the future of multinational and multiethnic states.

The Everyday Lives of Sovereignty

The Everyday Lives of Sovereignty PDF Author: Rebecca Bryant
Publisher: Cornell University Press
ISBN: 1501755757
Category : Political Science
Languages : en
Pages : 365

Book Description
Around the world, border walls and nationalisms are on the rise as people express the desire to "take back" sovereignty. The contributors to this collection use ethnographic research in disputed and exceptional places to study sovereignty claims from the ground up. While it might immediately seem that citizens desire a stronger state, the cases of compromised, contested, or failed sovereignty in this volume point instead to political imaginations beyond the state form. Examples from Spain to Afghanistan and from Western Sahara to Taiwan show how calls to take back control or to bring back order are best understood as longings for sovereign agency. By paying close ethnographic attention to these desires and their consequences, The Everyday Lives of Sovereignty offers a new way to understand why these yearnings have such profound political resonance in a globally interconnected world. Contributors: Panos Achniotis, Jens Bartelson, Joyce Dalsheim, Dace Dzenovska, Sara L. Friedman, Azra Hromadžić, Louisa Lombard, Alice Wilson, and Torunn Wimpelmann.

Society, Security, Sovereignty and the State in Somalia

Society, Security, Sovereignty and the State in Somalia PDF Author: Maria Brons
Publisher:
ISBN:
Category : History
Languages : en
Pages : 320

Book Description
An analysis of internal dynamics of the Somali conflict and the relation between state and society, taking society and not the state as main reference point. Includes a discussion of UN / UNHCRs involvement in assistance to refugees in the special Somali situation of statelessness.

The Oxford Handbook of Modern Scottish History

The Oxford Handbook of Modern Scottish History PDF Author: T. M. Devine
Publisher: Oxford University Press, USA
ISBN: 0199563691
Category : History
Languages : en
Pages : 720

Book Description
A landmark study which reconsiders in fresh and illuminating ways the classic themes of the nation's history since the sixteenth century, as well as a number of new topics which are only now receiving detailed attention. Places the Scottish experience firmly in an international historical experience.

Statelessness, governance, and the problem of citizenship

Statelessness, governance, and the problem of citizenship PDF Author: Tendayi Bloom
Publisher: Manchester University Press
ISBN: 1526156407
Category : Law
Languages : en
Pages : 551

Book Description
When a person is not recognised as a citizen anywhere, they are typically referred to as ‘stateless’. This can give rise to challenges both for individuals and for the institutions that try to govern them. Statelessness, governance, and the problem of citizenship breaks from tradition by relocating the ‘problem’ to be addressed from one of statelessness to one of citizenship. It problematises the governance of citizenship – and the use of citizenship as a governance tool – and traces the ‘problem of citizenship’ from global and regional governance mechanisms to national and even individual levels. With contributions from activists, affected persons, artists, lawyers, academics, and national and international policy experts, this volume rejects the idea that statelessness and stateless persons are a problem. It argues that the reality of statelessness helps to uncover a more fundamental challenge: the problem of citizenship.

Sovereignty's Entailments

Sovereignty's Entailments PDF Author: Paul Nadasdy
Publisher: University of Toronto Press
ISBN: 1487515731
Category : Social Science
Languages : en
Pages : 397

Book Description
In recent decades, indigenous peoples in the Yukon have signed land claim and self-government agreements that spell out the nature of government-to-government relations and grant individual First Nations significant, albeit limited, powers of governance over their peoples, lands, and resources. Those agreements, however, are predicated on the assumption that if First Nations are to qualify as governments at all, they must be fundamentally state-like, and they frame First Nation powers in the culturally contingent idiom of sovereignty. Based on over five years of ethnographic research carried out in the southwest Yukon, Sovereignty’s Entailments is a close ethnographic analysis of everyday practices of state formation in a society whose members do not take for granted the cultural entailments of sovereignty. This approach enables Nadasdy to illustrate the full scope and magnitude of the "cultural revolution" that is state formation and expose the culturally specific assumptions about space, time, and sociality that lie at the heart of sovereign politics. Nadasdy’s timely and insightful work illuminates how the process of state formation is transforming Yukon Indian people’s relationships with one another, animals, and the land.

Crippling Leviathan

Crippling Leviathan PDF Author: Melissa M. Lee Desfor
Publisher: Cornell University Press
ISBN: 1501748378
Category : Political Science
Languages : en
Pages : 350

Book Description
Policymakers worry that "ungoverned spaces" pose dangers to security and development. Why do such spaces exist beyond the authority of the state? Earlier scholarship—which addressed this question with a list of domestic failures—overlooked the crucial role that international politics play. In this shrewd book, Melissa M. Lee argues that foreign subversion undermines state authority and promotes ungoverned space. Enemy governments empower insurgents to destabilize the state and create ungoverned territory. This kind of foreign subversion is a powerful instrument of modern statecraft. But though subversion is less visible and less costly than conventional force, it has insidious effects on governance in the target state. To demonstrate the harmful consequences of foreign subversion for state authority, Crippling Leviathan marshals a wealth of evidence and presents in-depth studies of Russia's relations with the post-Soviet states, Malaysian subversion of the Philippines in the 1970s, and Thai subversion of Vietnamese-occupied Cambodia in the 1980s. The evidence presented by Lee is persuasive: foreign subversion weakens the state. She challenges the conventional wisdom on statebuilding, which has long held that conflict promotes the development of strong, territorially consolidated states. Lee argues instead that conflictual international politics prevents state development and degrades state authority. In addition, Crippling Leviathan illuminates the use of subversion as an underappreciated and important feature of modern statecraft. Rather than resort to war, states resort to subversion. Policymakers interested in ameliorating the consequences of ungoverned space must recognize the international roots that sustain weak statehood.