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English Pages [239] Year 1990
CAMBRIDGE STUDIES N INTERNATIONAL RELATIONS:
QU-:
Editorial Board T TH (Mana gi ng e ditor) OOTH
CHTOH O
OT COX
HTO
H
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HT
CHTOH H
CH TT
International Political conomy O TOO
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Cambridge Studies in International Relations s a o av o Cad vs Pss ad Bs aoa Suds Assoao (BSA ss ud a d a o aa o udadua xooks ad suvs o saasd ooas ad oaoav vous. a o ss s o us s soas aoa Suds o uo No Aa ad s o od
CAMBRDGE STUDES N NTERNATONAL RELATONS
37
YNIA WEBER Simulating sovereignty
Iereo, he e d ymbolc echge
GARY GERZ Contexts of inteational politics
3
JAMES L RIARDSN Crisis diplomacy
The Gre Power ce he mdeeeh cery 34
BRADLEY S KLEIN Strategic studies and world order
The globl polc of deerrece 33
.V.PAUL Asymmetric conflicts war initiation by weaker powers
3
RISINE SYLVESER Feminist theory and inteational relations in a postmode era
3
PEER.SRAEDER US foreign policy toward Afrca
Icremelm cr d chge 30
GRAAM SPINARDI From Polaris to Trident: The development of US Fleet Ballistic Missile technology
9
DAVID A.WEL Justice and the genesis of war
8
RUSSELL J LENG Interstate crsis behavior, 86980: realism versus reciprocity
7
JN A VASQUEZ The war puzzle
6
SEPEN GILL (ed.) Gramsci, historcal materialism and inteational relations
MIKE BWKER and RBIN BRWN (eds.) From Cold War to collapse: theory and world politics in the 980
4
R B.J WALKER Inside/outside: international relations as political teory
3
EDWARD REISS The Strategic Defense Initiative
KEI KRAUSE Arms and the state pattes of military production and trade
Sere l coe fer de
QUASI-STATES: VGY, L L, H H WL ROBRT
H
JACKSO
Department of Political cience, Uiversity of ritish Coumbia
. . CBRIDGE
;:
UNIVESI PESS
CAMBRIDGE UNIVERSITY PRESS
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catalogue recordr this publication is avaibleom the British Library
Library of Conress Catalouin in Publication Data Jackson, Robert H. Quasi-states: sovereign, international relations, and the hird World Robert H. Jackson p.
cm. (Cambridge studies in inteational relations: 12)
Includes bibliographical references. ISBN 52353 6 . Sovereignty. 2. Developing countries Foreign relations. 3. International relations. I. T itle. II. Series. JX404.J28 341.26dc20
990 89-77369
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978--521-353-6 Hardback
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978-0-521-44783-6 Paperback
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For Mare
C
1
Aknowledgemens
Pge x
INTRODUCTON
1 13 13 16 21 26
STATES AND QUAS-STATES
Poou aoa osuoa a Sas ad quassas
g
a so ad pos so
2
32 32 4 47
A NEW SOVEREGNTY REGME
So saood T od so am A w so am A o aoa amwok
3
5 5 54 55 59 71 74 78
SOVEREGNTY REGMES N HSTORY
So: a o om? T dua asp o sasssm A aua aw m? T assa pos so m T sad us' o ao T osuo o a so ouo soao o oao?
4
ouoa dooao
82 82 86
Dooao ad dopm
91
NDEPENDENCE BY RGHT
T o aas Ws
95 98 12
Aad dooao Ppous dooao aoaa o vii
CNTENTS
5
S E R E I G N TY A N D D E E P E N T
The destitute image of the Third World Inteational deveopment assistance Inteationa deveopment law Third Word debt crisis Inteational affirmative action? The dilemma of quasi-states 6
SEREIGN RIGHTS ERSUS HUAN RIGHTS
The uncii image of the Third Word Ciilization and human rights Decoonization, authoritarianism and refugees Sef-determination as sovereign rights The African Charter on Human and Peopes' Rights Inteationa civiity and domestic inciviity 7
Q U A S I S T A T E S A N D I NT E R N A T I N A T H E R Y
Classica paradigms of inteatonal thought Quasi-states and the theory of survival Quasi-states and the theory of progress Quasistates and inteationa justice CNCUSIN
The future of quasi-states Institutiona fate Noes Index
109 109 112 118 124 131 135 139 139 140 147 151 154 159 164 164 167 173 179 189 189 198 203 219
A CKW D GM
T ss o s ook was aao a wok a ma Td Wod sas a o a xpoa d aus ad as o aoa moa ad aoa aw Pm a as o s m ad Aa sas w w o w Ca Ros ad pusd World Polii 1982 ad Journal of Modern Afrian Sudie 1986 ow m a osda ua d Jams Maa susd a soud dop s poop das a a sud o aoa aos as oua o a omms o a poposa o su a ook om wo ads o Camd Us Pss o o wom was Ro Jos w pd o a m k a a a sa ad oom a as sas om pas o aps 2 ad
3 s
dd as paps a 1985 ad 1986 ms o Bs aoa uds Assoao ad a pusd Review of ner naional Sudie (Oo 1986 ad neaional Oanizaion (Auum
1987 am au o dos ad aomous ads o p mak sos. aso ws o ak sa ad suds Dpam o aoa Raos a Us o K o aos o a pma da o ap 6 psd Fua
1988 A d so o ap 7 as dd a 1989 o m o Ama ad Bs aoa uds Asso aos Lodo am au o Ma Doa ad Jak Do dsussas o pu sms A ow o a aum was psd o Jo V's posadua sma o aoa aos a ud Co Oxod Ap 1989 ak a o oud o dsusso w oowd woud spa k o akod os o Aa Cas Ka Hos ad Aa Jams wo o so o s asd ow wok ad po omms o a a a aua mak sos. a o ms o am o a os o a o udm w ma T mausp was ompd u 1989 w d a aak x
A C K N W E DGEENTS
Walton llam Memoal Fellowshp on sabbatcal eae fom the Un est of Btsh Columba. I am most gatefu to the Trustees fo the geneous awad. I woud aso ke to acknowedge the Donne Canadan Foundaton whch poded eseach fundng at an eae stage and Mak Zache, Decto of te UBC nsttute of Inteatona Relatons, who gae ntelectua encouagement at eery stage. Fna sons wee made dung Apl and May 1989 whe was a Vstng Felow at the Cente of Inteatona Studes, London Scoo of Econ omcs and Potca Scence I am gatefu to Mchae Lefe, the Dec to, fo s hosptalty dung my stay n London. Stee Smth of the Unesty of East Angla, te managng edto of ts sees, and Mcael Holdsworth of Cambdge Unesty Pess esponded wth good humou and encouagement when on seea occasons the manuscpt faed to are as pomsed. Petua Mue and Nancy Mna contbuted te ceefu expetse n nagatng the manuscpt tough the hghtech wold of com putes and lase pntes. My geatest debt s to my wfe Mage and daughte Jenny who oelooked my nattenton to te pactca aspects of ou famy fe, not east the 1988 Canadan ncome tax etuns, we was peoccuped wth wtng and ewtng successe dafts. I dedcate ths wok to my wfe wth gattude and affecton Vancoue June, 1989
x
I R D C I
This ook investigates the inteationa noative faewok that uphods soveeign statehood in the Thid Wod. ca it 'negative soveeignty' and contast it with the ode stuctue of 'positive sove eignty' that eeged in Euope aong with the ode state and was expessed y Weste ipeiais and cooniais The new egie is an expicit epudiation of the od I efe to the soveeign units sup poted y this faewok as 'quasistates' to ca attention to the fact that they ack any of the aks and eits of epiica statehood postuated y positive soveeignty I have sought answes to five piay questions: What is the mdu prandi of the negative sove eignty egie? How did it coe into existence histoicay? What ae the consequences of negative soveeignty not ony fo intenationa poitics ut aso fo the doestic conditions of quasistates? What ae the ipications fo intenationa eations theoy? Finay, what ae the pospects fo quasi-states? It ay e hepfu at the outset to caify y appoach. Fist, I a conceed not with a aspects of Thid Wod states o even ost aspects ut ony with one: thei soveeign aspect I eieve, howeve, that negative soveeignty is a cucia and oveooked institution which not ony heps sustain any of these states ut aso ipinges on huan ights and socioeconoic deveopent within the Thid wod states have een studied to date agey in tes of socioogica o poitica econoy appoaches which ephasize unde ying cutua o ateia cicustances athe than oveaching oa and ega nos. The oigina iage of 'The Thid Wod' potayed in Pete Wosey's we known ook y that nae was socioogica The asic efeent of the te eve since has een the undedeveoped counties of the nonWesten wod One of these doinant ap poaches is odeization theoy: Thid Wod states undestood in tes of tadition' and odeity' and the socioeconoic pocesses such as technoogica innovation, industiaization, uanization ite acy education, and so foth y which counties change fo the
INTRDCTIN
former condion to the latter. Another prevalent approach i s under development theory: Third World states seen as confned to a periph eral condition of neocolonial dependency by a Western dominated capitalist world economy which leaves them with very limited freedom to develop on ther own. In inteational relations the latter image, with its emphasis on global class divisions, is sometmes referred to as structuralism' in contrast to the traditional state-centric or pluralist' image of the inteational system2 The structuralist image obviously would be less compelling if there were no underdeveloped states Most of these states are very different sociologically from developed states and partcularly those of the West and seem to require analytical orientations that take account of this Nowhere in these schemes is much attention given to inteational legitimacy and law, however or Marxists this is a second order phenomenon denoted by the term superstructure' while for behav iouralists it is merely formal legality' Structuralists see the primary forces of international relations in terms of underlying material con ditions which transcend international boundaries Behaviouralists usually consider formal rules and institutions of the state as secondary effects of cultural and social norms which are assumed to be funda mental in animating and shaping politcal life. Neither can say whether or not sovereignty is important because it is insignifcant by definition and excluded from analysis by and large. The term Third World may not be entrely apt for dealing with quasistates since it is often used to signi a globe divided vertically in terms of wealth and class rather than horizontally in terms of sovereign populated terrtory It is also valuedloaded and ideological it has usually been a positive term evoking the socioeconomic needs and claims of nonWestern populations but it is becoming a negative term signifying corrupt and abusive elites that rule over them This shift in connotation is a reflection of post-independence authoritarianism in many excolonial states which disappointed orginal expectations of democracy And yet Third World' also usually denotes territorial jurisdictions which were formed under colonial rule and emerged into the light of day by an inteational legal transaction decolonization whereby sovereignty was transferred from European states to indigen ous governments Today these jurisdictions not only possess equal sovereignty under internatonal law but also laim positive entitle ments to exteal aid so that they may eventually become as developed as the states of the First World. We need a mode of analysis that calls our attention to the international normatve and legal order which supports them 2
INTRDUCTIN
Secod ahough sovereig i s esseal a lega codio of saes his is o a egal sud. Howeer I beieve i is ecessar o uie ieraoa aw ad poliics o udersad proper he subec of sovereig saehood The sae afer all is cosiued ad operaes b meas of aw i sigifca par. M emphasis is o he rules of he sovereig regime bu I ake a geeral isiuioa approach Rules icude o ol ieaioal aw proper socaled bu also pri cipes sadards coveios pracices ad he lke. 3 The aalsis of rues is usual associaed wih urisprudece ad his book ca be cosidered a sud i ieraioal urisprudece peraiig o he Third World. However as idicaed i is urisprudece from a poiica sciess raher ha a lawers viewpoi. Lawers as I udersad hem seek kowledge of he rules ha cosiue parcuar legal orders ad heir validi. Academic ieraioal awers o deer mie he auheici sources ad elemes of ieaioa law as a glace a a good exbook reveals. 4 The mai poi is o esablish wih as much cerai as possibe wha he law is i paricular do mais i order o give isrucio o he legal sude or praciioer. For example exbooks i public ieraioal law explicae he sad ig rules of ieraioa life which are curre a he ime ad make professioa udgemes o heir lega validi as whe Ia Browlie opies ha selfdeermiaio is ow par of he ju cen of he aw of aios5 Poliical scieiss are ieresed i ules o o deermie heir curre legal saus bu o ascerai he exe o which he shape poliical life. Kowedge of ues assiss i explaiig how ad wh poliica acors operae he wa he do. ules of coduc are prescrip ive he are laid dow aced o ivoked appied ad so o. 6 For purposes of his discussio Doroh Emmes geera defiiio of rue ca sufice a direcive ha acs of a cerai kid should or should o be doe o cerai kids of occasio b a perso a cerai kid of perso or aoe . . . To sud huma socie is he o ake accou of coduc which is parl a leas rule direced.7 The subec of his approach is o us regulariies i coduc bu reulate coduc The ieaioal ssem is a rulebased order a leas i par. Ier aioal socie he commui of saes ad he cosiuio of world poliics are expressios which aemp o capure his ormaive feaure of ieaioal relaios. siuios ad he ules ad oces o which he cosis do o have he oologica saus of aural facs he are made ad maipu aed b me. Coveo ad aure are uer differe caegories. 9 The moder sae as Jacob Burckhard oce pu i is a work of ar 0 3
INTRDCTIN
Amost a centuy eaie Edmund Buke wote: Commonweaths ae not physica, but moa essences. They ae aficia combinations and abitay poductions of the human mind1 Not ony the famiia embodiment of statehood domesticay constituons, egisatues, couts, eections, paties, bueaucacies, oca govement, and much ese but aso the expession of soveeignty intenationay mutua ecognition, dipomacy, inteationa aw, and the ike ae woks of poitica agents buit up pagmaticaly and passed on histoicay Institutionaists consequenty tend to view the eations of states as a sphee of voition athe than detemination by socia foces o natua aws Inteationa eations is a study of initiatives, communications, esponses, tansactions, exchanges and simia decisions that must nevitaby be not ony instumenta but aso moa because deciding means that it coud have been othewise. Decisionmakes ae theefoe esponsibe fo thei actions. The powe o authoty to make decisions is odinay denied to those who ae not deemed to be capabe of assuming esponsibiity. The wod coud theefoe be othe than it is and ou actions and decisions ae impicated in whateve it happens to be. Thee is no escape fom esponsibiity athough it fas moe heaviy on the shoudes of those with the geatest powe and authoity to shape events among whom statesmen ae usuay in the st ank. My appoach, ike that of Hedey Bu, is accodingy based on human wi and not on stuctuafunctiona anaysis, cass anaysis o any othe methodoogy which discounts choices and thei consequences o sug gests that inteatona eations somehow opeate ove the heads of statesmen. 12 I find it usefu to anayse the states-system by empoying the meta pho game which by defnition is a ue-constituted and ue govened activity. 13 In a game it is necessay to know at east the basic ues not ony to pay but aso to be a spectato and fgue out what is going on. Othewise confusion esuts as when Amecans ty to undestand cicket in tems of baseba and Paiament in tems of Congess, o Bitons attempt the evese. This book is about a vesion of the soveeignty game that has been instituted since about
1
pimaiy to incopoate a mutitude of new and often vey weak states into the intenationa community. The ues of this nove game ae significanty diffeent fom those which existed peviousy. And to undestand this game in tems of the od ues can ead to misunde standing The expansion of inteationa society thoughout the Thid Wod woud have been impossibe without aso changing the ues of the od soveeignty game which justified oveseas empie and made membeship in the community of states contingent on capabe and to 4
I NTRDUCTI N
some extent 'civiized government - as defned by the West. I in vestigate the rules of this new sovereignty game: what they are, how they originated, how they work, why they exist, what their conse quences have been both for international society and for the new states themseves, what they imply conceing inteatona relations theory, and what ther fture might be. My study is simply an attempt, folowing the lead of others, to think the new sovereigny regime through to some concusions14 I ry to make expicit the changing assumptions and beliefs about the right to sovereignty in the Third World and the international reasoning in volved in decolonization, selfdeterminaton, human rghts, and de veopment In many places this involves reflecting on instiutions, laws, reaties, conferences, decarations, resotions, and so forth which embody this right in international reations. The sudy discloses an image of Third World states as consisting not of sefstanding structures with domestic foundations - ike separate buildings but of territoria jurisdictions spported from above by internaonal law and material aid - a kind of international safey net. In short, they often appear to be jurdical more than empirica enes hence quasistates. The anaysis also lends support to the institionaist argment that res and laws incuding internaona law can have sbstantial independent effects on poitcal life some of which may be contrary to what was orgnaly expected. Instiutiona practices or rles of the game aways involve predilec ons which advantage some and disadvantage others There is no such thing as competely impartial rles in favorng certain pays rues tend to invite certain inds of players. It is not only the case that insutions are as good or as bad as those who operate them but also that they tend to encorage certain operators and operaions Insti tutions always invove what E. E Schattschneider refers to as the mobilization of bias 15 If we accept and validate them we also mst accept the biases they contain n the case of the negatie soereignty game this bias, not surprsingly, usually works in favour of sovereigns and against their citizens Perhaps srprisingly it aso sometimes wors in faor of Third World soereigns and against their First and Second World counterparts. Since this book focses on the normatie presppositions nderly ing the negative sovereignty game it cold be considered an enqiry into the political theor of inteational relations6 This raises a third point concerning my approach which is one of philosophical idealism as exemplifed particuarly by the wor of G Collingwood and Michael Oaeshott (The rather different international relaions mean
NTR DCTIN
ng of the wod s consdeed beow) Wthout dgessng nto the phosophes pehaps t wl suffice to sa that the emphass accod ngl s on moa and lega deas nvoved n the exstence and eatons of soveegn states. Inteationa equat, selfdetemnation, non dscmnation, anticoonalsm, ntenatonal ad, human ights, among othes ae nstances of deas entanged n the negative sove egnt egme the ae opeative deas, to use A D Lndsas tem, whch ndcate how ntenatonal elations ought to be conducted n the ate tentieth centu7 Insofa as the have been nstitutionazed the ae also facts whch dsclose how those eatons ae conducted The phlosophcal pont of deasm s that deas (o thoughts) and eates (o facts) ae not sepaate categoes but fom a sngle whole1 Thee ma be a phsca ealit but thee s no potica eat ndepen dent of human thought and acton Congwood expesses ths n tems of a dstinction between hsto and scence (o natue) the actvt b whch man buids hs own constant changng hstoical wold s a fee activt Thee ae no foces othe than ths actvt whch conto t o modf t o compe t to behave n ths wa o n that, to bud one knd of wod athe than anothe. He hastens to add that ths does not of couse mean that man s ee to do what he peases fo he s awas constaned b the stuation whch conssts of othe men and thei deas whch ma o ma not be n hamon wth hs own19 In othe wods, complete feedom o complete estrant ae ael f eve encounteed n human conduct. Statesmen ae fee wthn the stuation the nd themseves whch conssts extenal of othe states and ntenall of thei subjects. Ths obvous s a ccumstance of constaned choce, wth the constants vang fom one time o place to the next fom the nea hegemonous poston of the supepowe to the amost confned stuation of the mcostate. Soveegn statehood tself constitutes both constants and oppotuntes. The rundnor of such a poltcal aangement s the basc pohbton aganst foegn nteention whch smul taneous mposes a dut of fobeaance and confes a ight of nde pendence on al statesmen Snce states ae pofound unequal n powe the ue s obvous a moe constanng fo poweful states and fa moe lbeatng fo weak states It can be and fom tme to time has been voated, of couse, whch s ndcatve of a voltional and not a detemnstic wold. The essentall nomatve chaacte of nonnte venton and ndeed al consttutve ues of soveegn statehood s ndcated b a vocabua whch tpcal ncludes such wods as must, should, ought, pemtted, pohbted, enttled, obl gated, and so foth Ths s the pesciptve vocabular of feedom and 6
I NTRDUCTIN
esponsibiity o f which soveeign statehood is a paticuay impotant manifestation Poitica institutions can nevetheess have a ife of thei own seem ingy independent of the human agents who invent o opeate them One can speak inteigiby of constitutiona fate impying that once a cetain aangement of ues is institutionaized cetain cicumstances of choice ae destined to foow Some things ae possibe; othes ae ued out The stuctue of choice may seem inevitabe This most definitey is the case with soveeign statehood which is now so in gained in the pubic ife of humankind and impinted in the minds of peope that it seems ike a natua phenomenon beyond the conto of statesmen o anybody ese When schoochiden ae epeatedy shown a poitica map of the wod which epesents the paticua ocations of named states in diffeent continents and oceans they can easiy end up egading such entities in the same ight as the physica featues such as ives o mountain anges which sometmes deimit thei inteationa boundaies It is nevetheess the case that not ony the map itsef but aso the soveeign uisdictions it epesents ae a totay atificia poitica aangement which coud be ateed o even aboished An histoica atas indicates the actua changes which have taken pace ove the centuies as a esut of was peace teaties, negotiations abitations and othe inteatona eations and if it goes back f enough it eveas a wod which is no onge stuctued in tems of soveeign statehood Fa fom being natua entities, mode soveeign states ae entiey histoica atfacts the odest of which have been in existence in the pesent shape and aignment ony fo the past thee o fou centuies Pio to that time human popuations in Euope whee the mode state was invented and esewhee oganized them seves poiticay aong athe diffeent institutiona ines mosty in
tems of empie and suzeainty
Ideaism does not mean that the anayst is in any way ideaistic o attempting to ead s vaues into a subect An ideaist in this phio sophica meaning is not the naive opposite of a had headed eaist in the usua inteationa eations ·meaning of the tem Phiosophica ideaism does not pecude eaism in inteationa studies which consists in the idea that powe inteests, pudence, and othe in stumenta consideations shape wod poitics But an intenationa eations eaist who is a phiosophica ideaist is one who eects any noton of states and thei inteactons as ndependent of human wis and desies the inteationa system conceived as a mechanism ike the soa system Things can go wong of couse since human actions and paticuay poitics often have unintended consequences But this
7
INTRDUCTIN
is no h sam as naural laws which opra abov or bnah human consciousnss Hans J Morgnhau s a good xampl of a ralis who concivs of rnaional rlaons in philosophically idalis rms as h insmnal calculaons and miscalculaons of sasmn wha h calls powr polics. 20 h human world is composd significanly of idas and h world of sas is no xcpion canno maning fully sudy inaional rlaions wihou invsgaing h oprav idals which giv shap o hm whhr innionally or inadvr anly. h ngaiv sovrigny rgim is a basic chang of mind abou how h inrnaional sysm ough o opra and h insi uionalizaion of ha ida. A fourh poin concs h sudy of inaional rlaions spcifi cally. his is no an analysis of h naional inrss or forign policis of nw sas Nor is i an accoun of hir inaional alliancs wha Robr Morimr aply rms h hird orld coaliion 21 Nihr is i a sudy of hird orld diplomacy alhough h dialogu bwn sas as Adam ason pus i dos figur in h nw sovrigny gam insofar as i is an sablishd insiuion of naional sociy Such sudis howvr do no dal gnrally wih h consuion of inaonal sociy or spcically wh sovrigny. Lasly i is no pimarly a wor of inrnaional hisory alhough chaprs and
3 survy h sovrigny rgims of h mod ra and h
mrgnc of ngaiv sovrigny during h pisod of dcolonz aion As indicad his is basically a sudy in inaional poliical hory following h xampl of Marin igh and ohrs who focus in vari ous ways on h soy of sas and conciv of inrnaonal r laions as hrfor involvng no only powr and agncy bu also ruls insiuions norms pracics and h l. I xplor in chapr 7 h prsupposiions of x-colonial sas o s how far hy conform o h prdominan paradigms of inaonal rlaons hoy namly ralism or powr polics and raionalism or inrnaional lgimacy and law Ralism signifis h ida ha sas ar human agncis which inrac no in rspc o inrnaonal law or ohr noms bu solly or a las primarily ou of rgard for hir naonal inrss rason of sa In classical ralism sas or rahr sasmn ar posulad as insumnal agns wih wills and powrs of hir own and hir rlaons ar undrsood vy considrably if no nirly in rms of powr and h balanc of powr. According o classical raionalism howvr sasmn ar auh oriis who possss noninsrumnal ghs and dus ihr by nau ral law or by inrnaonal cusom and conrac posiv law or boh. 8
INTRDCTIN
They create inteational society rather like individuals contract civil society and therefore resemble citizens or any other 'right-andduty bearing unit, as F W. Maitland once put it. 24 They are subjects of inteatonal law. Rationalists generally believe that citizenship in the statessystem is a good thing by and large because it contributes to inteational order and civlization. A rightsbased and lawgoveed system of inteaonal relations is prefrable to one grounded only in national interest and the balance of power because it adds moral and legal restraints to that of prudence. It therefore helps to preserve and protect the populations of states and their civl and sioeconomic goods which are the ultimate values served by inteational society if not the most immediate ones. Although realism and rationalism place thei emphasis on categori cally different devices of inteational regulaon they both postulate the state as an inherently liveable and therefore valuable place. A 'realisc raonalist is one who recognizes that such values are the ulmate justification of statehood and must protected by every means possible including both ams and norms. The postulated inher ent value of statehood has always been challenged by reality, of couse. Polical goods are a standard of appraisal and statesmen have always fallen short of these standards in their actual behaviour. However, the gap between standards and conduct probably has never been any greater than it is today. We live in a world in which the concrete benefits of sovereign statehood for the people involved are highly unequal from one contry or region to the next. Decolonization has added significantly to this ineqality by bringing into existence a large number of sovereign govements which are limited in thei capacity or desie to provide civil and sooeconomic goods for their populations. They are suppoted by inteaonal society like all others, however. The actual outcome in such cases is therefore a reversal of the postulated traditional relaonship noted above whereby inteational relations sees the ultimate purpose of protect g the political goods of sovereign states. This argument is made at some length in the chapters whic follow. This raises a ffth and more difcult point conceg value udge ments. There is no escaping values cause they are embedded in the very fbic of polical life, both domesc and inteaonal. The com munity of states itself embodies certain values which an analysis such as this cannot and should not avoid although it need not subscribe to them and probably should take a sceptical view of them. The cardinal value is of course independence which is the foundation on which the ene scheme rests. Virtually all the principles and practices of a 9
INTRDCTIN
sorign sassysm dri ihr dirly or indirly from his dsidraum Th logi of suh a sysm is h inaional prssion of libralism sorign sas ar h quialn of fr indiiduals On an rogniz his wihou bing a libral howr Insofar as boh h oss and h bnfs of indpndn ar amind my analysis if anyhing migh b onsidrd a riiqu of inaional libralism Howr his is no h hiddn agnda I is simply whr h argumn has ld m Sin indpndn sahood is rald as a md blssing in h following haprs i migh b infrrd ha olonialism or paalism ar h undrlying alu prmiss of h sudy Alhough his is no h as a word of planaon is probably nssary Th argumn is no ha indpndn is bad or ha olonialism is good whih is h rrsal of h usual alu orinaion oday and would mrly b rring o h alu orinaions of ysrday Rahr i is ha indpndn in islf is nihr good nor bad hr ar no agorial goods in inaional rlaions or indd in any ohr sphrs of polial lif hhr a pariular rul or instiuio or prat or poliy is of alu or no always dpnds on irumsans To bli ohrwis is o surrndr o dogma Unforunaly h unrial and widsprad faih n slfdrminaon or qual sorigny oday ofn has his harar Third orld sorignty is a dlia subj o insiga baus i raiss diffiul and indd roubling qusons whih ouh on som of h major aboo subjs of our m inoling ulur pory and ra Th Third orld has rnly mrgd from an ndd prod of s impral dominaion and i may sm unfair or a las prmaur o rais qusions abou h adanags and disadanags of indpndn for h popl inold On suh qusion is whhr all ounrs sand o bnfi mor or lss qually from ind pndn and if no whhr ohr insiuions suh as assoia sahood would for som b mor bnfiial in hir irumsans? Anohr is how far h suffrings of som iiznris ar h rsposi biliy of hir rulrs? A hrd is whhr all sorign gomns ar subj o h sam sandards of huma righs? ha w ha oday and ha had for h pas hr or four dads is h asndany of a dorin ha h urrn arragmn and disribuion of sorign sahood if i is no y good for rybody rywhr will nually pro o b if hos dlopd sas who ar in a posion o mak i possibl a rsponsibly. Th main fous should hrfor b on hir odu hird orld gormns big lss powrful ad pr nd and so ofn finding hmsls in a disadanagd posito 0
N T R O D C T O N
vs--vs
developed countries should not be subjected to the same
probing kind of analysis and criicism which academics routnely direct at First or Second World govements. The prohibition usually derives om such doctrnes as cultural relativism socioeconomic determi nism, or antiracism However, there is no overruling reason why such issues should not be studied To exempt the conduct of certain govements (or individ uals) from scruny solely on the
a pror
grounds of their different
culture or material conditions or race is to acquiesce in a form of prejudice Such consideraons are important and they may justify or excuse the conduct of cerain governments or other agents And one cannot but agree that greater power always carries with it increased responsbiliies. But recognizing that there may be extenuating circum stances such as poverty which lmit responsibility is entirely different from deciding beforehand that such conditions demand that the sub ject should not be investigated This is to decide on ideological rather than empirical grounds and it amounts to evasion or avoidance of quesons which may be difficult to handle nowadays but are crucially important nevertheless if we wish to understand the nature of the contemporary inteational system In raising this issue explicily my normative focus of conce is the citzenries of many Third World states whose adverse circumstances are well known but often attributed to almost anythin except the actions and omissions of their own govements and the sovereign statessytem which legitimates and supports them Some way of giving these citzenries a voice above and beyond that of their rulers is urgently needed and I hope this monograph can make a small coni bution to that end This is my agenda. This brings me to a final issue which concerns terminology The adjectives 'negative and positive do not signify bad' and good They simply denote rghts of nonintervention (freedom from) and capabilities to act or to deter (freedom to) which are analytical and not evaluative usage consistent with contemporary political theory To be free from the intervenons of others is not at all the same as being in a posion to deter such interventions or to engage in them. These two types of lberty are categorcally different Not only that: in inter naonal relations historically both freedoms tend to be possessed by most states However they have become separated as a result of decolonzation quasi-states possess negative sovereignty by definiton but usually rather limited positive freedom This has created a novel set of inteational relations problems and predicaments as I attempt to indicate in various chapters which follow
11
NTRODCTON
The argment takes the form of connected essays which seek to ncover different facets of the divorce of positive and negative sover eignty in inteational relations Chapters 1 and 2 eplicate the charac ter of qasistates and the
modus oand of the negave
sovereignty
game The two chapters which follow otline the historical back grond of positive and negative sovereignty and the emergence of qasistates as a conseqence of parclar ideas abot selfdetermi nation involved in decolonization Chapters 5 and 6 investigate the conseqences of negative sovereignty for the socioeconomic and civil conditions of certain Third World states Chapter 7 considers the implications of negative sovereignty for the theory of inteaonal relaons The conclsion offers some final thoghts on the ftre of qasistates I hope the argment is written in a style which is sf ficiently plain to enable the reader to agree or disagree or agree in part as the case may If it provokes controversy I shold consider it a sccess
2
1
S AE S AD Q A S I - S AE S
O OU
Let us begin with a bref imaginary jouey in our time ma chine and interview a man in the street in 19. Suppose he is an Englishman and it is Lower Regent Street, London, in the heart of the Britsh Empire As it happens, he is a career servant in a senior position at the Colonial Office We introduce ourselves as historians from the late twentieth century and as for an interview Fortunately, he is used to eccentrics and immediately agrees The conversation comes round to the British Empire He enquires how it is doing We say it no longer exsts Obviously taen abac, he ass what happened to it We reply that it was wound down in the fifes and sxties He evidently has some dffculy believing this and ass what became of the numerous colonies in Asia, Africa, and Oceania? We tell him that colonialism came into disrepute durng and after a second world war against Germany and Japan from which the United States and the Soviet Union emerged as rival superpowers Britains colonies and also those of France, Holland, Belgium, Portu gal, and all other overseas imperial powers had subsequently become independent states He ass how it was possible to decolonize so soon throughout the world? We reply that it was relatively easy by transferring sovereigny to indigenous politcians He persists in wanting to now how inde pendence could be granted to so many different colonial peoples at various stages of development How did they so quicly become conversant with the language, institutions, and techniques of mode selfgovernment? Were they prepared for the transfer of power? Some were, we reply, and some were not t did not mater, however, because they all acquired the right of selfdetermination which is now universally recognized by internatonal law Sovereigny could no longer be withheld on the grounds that indigenous politicians were not yet suficiently experienced in mode statecraft or the colonial 3
STTES ND SSTTES
population w not adquatly ppad and quppd fo ndpn dnt ctnp o, ndd, on any ot tadtonal pcal gound gt of lfdtnation wa condd aolut and t fo igt of Euopan to ul t wa copltly aan dond xcpt y t wt Sout Afcan W pont out tat ty ad co a paia tat wt wold opnon totally algnd agant t H cannot lv tat t faflung Bit Ep, contng n t dtt of o foty colon on val contnnt at vaou tag of poltcal and conoc dvlopnt, could av n d antld a apdly and unfoly a w cla H could fo a ovgn Inda t ad n on t vg of acqung ndpndnc nc t twnt Pap ylon (S Lanka gt ndpndnt, altoug tougt t would vulnal to Indan pal f t w to lo t Bt tat oncvaly o of t Lagu Man dat n t Mddl Eat could lfgovng, a wa alady t ca wt Iaq. H upctd ty would jut a untal, owv. And could ow conttutionally o advancd cown colon uc a t Gold oat (Gana gt poly ougt to ffctv lfgovnnt n a owat ot t tan antcpatd altoug at doutd t But t ndpndnc of t nuou dpaat Bti dpndnc cattd aco Aa, Afca, and Ocana tat wa nconcval How w t fodal otacl of poltcal and conoc ack wadn ovco o quckly? W all colon dvlopd to t pont of ng capal of lfgovnnt? W pontd out tat colo n w not ad up fo ndpndnc, at lat not to o coon ntatonal tandad ntad, t lgal qunt tat ty dvlopd to t pont wa aandond Altoug t pot ndpndnc cod av of cou vad and t av n o akal ucc to, patculaly n Aa, n gnal lvng con dton av n l atfactoy tan wa ognally xpctd at t t of dcolonaton n any fo colon, patculaly to of SuSaaan Afca, lvng condton av gncantly dtoatd nc dcolonaton adt cunt cvl tf, poltcal coupton and conoc anagnt copoundd y vaou xtnal fac to uc a dclnng coodty pc and ing ntt at at vy colony could gantd ndpndnc at o o l t a t gadl of dotc condton f tat wat w a ayng go agant vytng t olonal Offc lv concn ng t dtinctvn of ndvdual dpndnc and t noou vaaton n dvlopnt twn t t df ajo aupton 4
ROOG
of imperial theor and inteaonal law conceing the necessity of dependency status to ensure good govement in those numerous parts of the world which are not ready for self-government. Why just the other day Margery Perha 'that meddlng Oxford Donna in one of her ponficating essays in
T Ts called for indirect rule and
the gradual development of local govement as the only reasonable path to progress in Africa Even her well known inteationalism does not extend beyond the League of Naons idea of usteeship which she thnks ought to be the mainspring of British colonial policy . 1 D we really expect him to believe that all this changed? It would be notng less than a revoluon Nevertheless, we insisted it has occurred
The sudden change was possible, we thought because it was essen ally normative It was not a case of developng the colonies to the point of satsfing classical posive criteria of sovereign selfgove ment Under the strong and increasing pressure of inteational egali tarianism this requirement was abandoned and every colony almost without exception sooner or later was granted independence by the colonial powers They were generally recognized by the inteaonal community and became members of the Unted Natons the suc cessor to the League There were now some 1 members of that body as compared to about when it was founded in 1945 Most of the increased membership consists of former European colonies There was even a signifcant number of micro-states mostly small islands, such as Fiji or the Seychelles Even the ny former British riverine territory in West Africa still kown as The Gambia was now indepen dent The Gambia? He evidently has some dificulty imagining such a world What was behind this revolutionary inteational change? This question connues to be debated by histoans There is no definitive answer and we could only offer a few conjectures The war certainly was a major cause parcularly its reducon of the military power of Britain and France But we thought the thesis should not be carried too far. The power of Weste Euroe was still very great Indeed since the war the countries of this region not only formed a major mliry alliance with the United · States against the Soviet Union but also achieved a significant measure of economic community among them selves which gave them joint economic weight reater than that o any other world region Three of its members including Britain and France were still among the five leading capitalist powers of the world The new postwar rivalry between the United States and the Soviet Unon which came to known as the cold war was a significant 5
STTES N D SSES
bckgrund fcr h ffeced he cpciy f he cni pwers minin heir empres. The inen enirnmen ws recepie ncni idegies which were reinfrced by dmesic ide gies prming enfrnchiseen f rci nd ehnic minries in Wese ses. Sef-deerminn perhps he eding ide ined ws instuinized s primry inein ue in he Chrer f he UN. And i ws in h wrd bdy prcury is Gener As semby h he dcrne ws n ny iced bu s incrpred n rius Decrins nd Resuins which cquired mr nd eg frce The Eurpen cni pwers were unbe susin widespred beief in he egiimcy f cniism. Rher hn endure perpetu nd grwng inein cticism hey begn dec nize The mre hey decnized f curse he greer ws he number f new ses which ciferusy ppsed cniism unti
960 ir 980 i ws essentiy
eenuy fr inens nd purpses i disppered By uy decnzn ws ineibe By cmpee
Ahugh he cuses f his chnge cntinue be debed his cnn er he fc h i hs ccurred nd h he wrd dy is mre r ess s we describe i: wihu ny significn frm erses empires We ked bu his rnsfrmin fr whie. He eenu y red f he jke hweer nd piey brke ff he cnersin wih he excuse h he mus reu his ffce. Eideny frmer Gernr f Nigeri smebdy by he nme f Sir Dnd Cmern ws giing briefng h fernn n he cninuing irues f indrec rue s ehice f piic deepmen in Brish cnies 2 T A T O A O S T T U T O A H A
The difficuies in his imginry digue derie frm di ergen nd een cnrdicry ides nd expecins cncerning he rens f Brin (nd f Eurpe mre genery) he nn-Wese prts f he wrd Our cni ffici hs cnceptin bsed n he inen sysem f his me nd f he previus hf cenury nd mre. The prewr frmewrk f inetin w nd egitimcy drew shrp distincin beween Eurpens r pepe f Eurpen descen nd nn-Eurpens ny he frmer were unquesinby enied sereign sehd. The er were ssumed n be quified es
prma fac
nd he burden f prf ws n hem just i in
erms f sndrds defined by Wese ciiztin The pswr frmewrk drws n such distncn nd ssumes he ppsie h cn pepes re ened be independen regrdess f heir cuure rce weh gegrphy r ny simir criern Tdy he 6
NTERNTON C ONSTTTON CHNGE
diffculties o f perception are the reverse: we fnd it hard to imagine a world in which extensive terrtores and populations outside the West are dependencies and subjects of Weste imperial powers. Indeed, it is difficult not only to imagine but also to accept. The difference of nternational outlook between our generation and that of our grand parents is fundamental. In the mid-19s vast regions in Asia, Africa, and Oceania were still part of the domestic jursdictons of certain Weste states whch had established formal empes over these areas.3 Consequently, in addition to formally equal relations between sovereign states there were also formally unequal relations between metropoltan powers and ther various colonies, protectorates, and mandated or trust te tores overseas Imperial relatons therefore were exteal but not yet inteational. The Britsh Empire by inteational law was a single state but in politcal and economic fact it was a far flung assotment of colonial dependencies at different stages of development with vayng degrees of local autonomy under a single metropolitan authoty: the Westminster parliament. This arrangement was widely regarded as legitmate and even natural in view of the enormous distances which separated European and nonEuropean peoples not only geographi cal distances but also economic, political, cultural, technological, scien c, and even emotonal and psychologcal. In the decades snce 1945 the inteaonal world has been formally levelled into one and only one constitutional category sovereign states. No Weste govement now possesses domestc jurisdicton over extensive populated territores overseas. Virtually every note wothy dependency and most of those which are not even noteworthy have become sovereign states wth membership in the United Nations and the right to engage in inteaonal relations on a basis of equalty with all other states including ther former colonial masters. The con sttuonal levelng that occurred withn Western domestic soceties has also taken place inteatonally and for most of the same reasons which have t do wth the doctrne of equal rghts and equal dignity of all mankind. Alien le is now not only unustfiable but unthinkable especialy if it involves racial diffeences between rulers and ruled and the ulers are white. Hence he illegitimacy of South Africa. The crucal princple of the contemporay inteational constitution as it apples to formely dependent areas of the world is universal and categorcal selfdetermnaton of the indigenous people. To be a sovereign state today one needs only to have been a formal colony yesterday. All other consideratons are irrelevant. Even the sze of the colony either in population or in territory is not a crteron, as numerous microstates
STATES A N D Q ASSTATES
indicate. l that i s required i s the evident dese o f the population to be independent. I say 'evident because it usually attributed to a population rather than expressed by them, as in a referendum The termination of formal inteational hierarchy has not brought an end to inteational differentiation or stracation, however On the contrary, we draw many distincons between independent countries which are reflected by the various adjecves used to describe sovereign states today They are not legal differences, however The globe is usually seen as diided in two fundamentally different ways: first there
the East-West conflict defined by the nuclear balance of power behind which shelter rival ideologies and ways of life It is at the moment undergoing fundamental reappraisal on both sides owing to political and economc reforms in the Soviet bloc and will become fr less significant if the pares can agree to reduce their arms and increase their reproty in other ways However this division is oly the most recent manifestaon of the balance of power which has always divided powerful states Very possibly some similar divsion will take its place, perhaps based more on economic technological, and scientific rivalry than military Today in addion however there is a NorthSouth gap between states disclosed by profoundly unequal standards of living which cannot be altered undamentally by inteaonal agreements and dip lomacy This division is likely to persist indefinitely regadless of inteational desions to the conary because it is rooted in deep seated cultural, material, and even psychological conditons of sover eign states If these domestic conditions are to be changed it will vey likely be only by the efforts of govements supported by citizens and sustaied over long periods New words have been coined to differ enate countries i these terms The excolonies initially became known as the 'new or emergent states of Asia Africa, and Oceana Together with some Latin American countries they now constitute a 'Thid World' of impovershed states in conast to a 'First World of the Weste idustrial democracies. Whereas before the second world war most states were more or less 'developed and the temin ology was not used to differentiate states, the charactezation of contes as 'less developed 'developing' and 'developed is now universal Distincons between more and less 'developed states have been refined and elaborated by a global statistical entepise organed to measure and repot on the comparative performance of counes Inteaonal society has acquired a capaty for data gatheng and nalysis which was almost nonestent before the second world war A 8
NTRNTI O N C ONSTTTON C H NG
case in point i s the World Bank wich pubishes annual
velopment Reports
World
that contain aggregate socioeconomic statistics and
analysis on almost all the countries of the world. They are compared in terms of population, GNP per capita, inflation, life expectancy, growth of producon, exteal debt, indusy, agriculture, food, health, nu trition, and various other socioeconomic indicators The result is a rankng of sovereign states according to the followng categores: low income, lower middle-income, upper middleincome, highincome oil exporters, industrial market economes, and nonreporting states (some Soviet bloc countries) These reports amount to world league tables which reveal a range of living condiions and capabilities among states that is enormous The reference group n relation to which these categories are defined and al countries evaluated is the 'developed states This suggests songly that the unit of socioeconomic analysis today is the sovereign state and the standard of evaluaton is the comparatively high level of performance achieved by Weste indus trialized counies including Japan Informa disnctions between states are also drawn today in terms of civil conditons There has been in recent decades a remarkable in crease of inteaional awareness, conce and action regarding human rights Since the Universal Declaraton of Human Rights in
19 inteatonal humaniaranism has been promoted by various inteational bodies wih the result that legal insruments and rem edies for protecting human rghts are now available which never existed previously Although they are gravely inadequate in a world of sovereign states, their existence nevertheless reveals explicit standards of domestic state conduct which half a century ago were largely and erroneously taken for granted among Weste states and presumed not yet attainable by most nonWestern peoples n additon, countless inteational humanitaran organizations exist today that never ex isted previously, perhaps exemplified best by Amnesty nternaonal Rather ike the World Bank repos but without the same blessing of stesmen and looking at different data of human wellbeing the annual reports of Amnesty Inteaional are a record of the human rights performance of virtuay all of the contemporary states of the world They also disclose a wde divergence in the perfomance of sovereign govements from one exreme where the highest standards of human rghts protection achieved to date are regularly enforced to the opposite pole where they are rounely neglected or volated he unit of analysis is again the sovereign state and the standard of evalu ation is the comparatvely high level of human rights protection ac complished by the Weste democracies Consequently, although 9
STATS A D Q A S - STATS
formal hierarchy beteen states has been abolished informal ranking of a very significant kind has been greatly expanded Without overlooking for a moment significant improvements in the socioeconomic and civil conditions of many nonWeste populaons since decolonization I believe it is plausible to argue that the inter naonal change briefly outlined above is primarily juridical Some non-Weste states have developed very substantially and rapidly of course including in particular the Nely Industrializing Countries (NICs) of Asia and the oil producing countries And some atin Ameri can states are becoming economically significant in global terms De velopmental breakthroughs are occurring and ill undoubtedly continue to occur The global fulcrum of economic poer has begun to move aay from its historical centres in Weste Europe and North America hich are fang increased competion from these regions The North consequently is no longer an exclusively European or even hite club and in the future it ill undoubtedly become far more multiracial and mulcultural than it is today Our children ill not automacally equate economic technological and scientific advance ith European civilization as our parents did Although it is perhaps less evident civl and political rights are also disceible here they ere not in evidence previously: authoritarianism has been brought to an end on the Mediterranean periphery of Weste Europe and demo ac reforms are being iniated in Easte Europe and the Soviet Union Democracy and human rights have been demanded in China recently and democratic elections ere held in South Korea and Pakis tan Democratic govement has been evident for some time in other Asian countries most notably in India although political violence has by no means been eliminated Democratization has also made head ay in some Lan American countries even though human rights have been under threat in that region Humanitarian aareness is increas ing around the orld today and similar developments cannot there fore be ruled out in other places Yet if the stascs of the World Bank and Amnesty Inteatonal are anything to go by (and they are basically hat e have to go by) a global faultline still runs along approximately the same fronter hich formerly separated sovereign states and colonies The orld is divided beteen a minority of states hose populatons enjoy comparatively high living standards (hich are increasing) and a majority hose inhabitants subsist at far loer levels hich in some cases are little changed om colonial tmes and may even have declined The number of states among the developed and developing minority is expanding but the number of people ithin the underdeveloped majorty here 20
NTERNATONA C O N STTUT O N A C H A N G E
rthrates are genera far hgher s aso ncreasng. The gap s c as we as matera ndeed, authortaran goeents whch threaten or oate human rghts are proa as numerous as underdeeoped countres. In one respect eerthng has changed there are no onger an sgnfcant dependences n the word ut on equa soeregn states In another respect, howeer, there has een far ess change the words popuaton remans dded aong more or ess the same NorthSouth nes as preous. What has asca changed therefore are the nteaona rues of the game conceng the ogaton to e a coon and the rght to e a soeregn state The mora assumptons ehnd these rues hae aso changed n the drecton of nteatona equat and democrac.
STATS A D QUAS-STATS
The excoona states hae een nteatona enfranchsed and possess the same extea rghts and responstes as a other soeregn states jurdca statehood. At the same tme, howeer, man hae not et een authorzed and empowered domestca and consequent ack the nsttuona features of soeregn states as aso defned cassca nteatona aw. The dscose mted empca statehood ther popuatons do not enjo man of the adantages tradona assocated wth ndependent statehood. Ther goe ments are often deficent n the potca w, nsttutona authort, and organzed power to protect human rghts or prode sooec onomc wefare. The concrete enefts whch hae hstorca jusfied the undenae urdens of soeregn statehood are often mted to far narrow etes and not et extended to the ctzenr at arge whose es ma e scarce mproed ndependence or een aderse affected t. These states are prmar jurdca. The are st far from compete, so to speak, and emprca statehood n arge measure s remans to e ut. I therefore refer to them as 'quasstates. Inteatona socet can enfranchse states whch usua requres genera recognon of a goments ndependence. But nter natona socet cannot empower states to anthng ke the same extent snce ths for the most part noes ntea reatonshps Stateudng prmar a domestc process occurrng oer a ong perod of tme that can on e rought aout the comned ws, efforts, and responstes of goements and popuatons. The communt of states at most can on assst or hnder t. Neertheess, as we w see, one of the definng characterstcs of quasstates s the undertakng of contemporar nternatona socet to promote ther
STATS A N D ASSTATS
development - or at least to compensate them for their current con dion of underdevelopment rather like poor cizens in welfare states. Ths difference tween states and quasistates has been noted by others Colonies were granted 'independence wthout necessarly possessng 'freedom - to borrow a useful dsncton om John Plamenatz He explains it as follows: The colonies now claiming independence are not societies of the same kind as the thirteen colonies which signed the Declaration of Inde f capacity for freedom is our test, the thirteen pendence in 6 revolted colonies were fit for selfgovement; or at least not less fit
than the couny they relled against t is by no means clear that the colonies now clamouring for independence are all fit for selfgove ment in the same way
It is clearer today than t was n 19 - when these remarks were published - that numerous emergent states did not, and many stll do not disclose substanal and edible statehood by the emprical cr teria of classcal posive inteatonal law.6 Their lack of freedom has not been a barrer to their independence, however. Quasstates enjoy equal sovereignty, as Hedley Bull and Adam Watson point out, but they lack established institutons capable of consanng and out lasng the indviduals who occupy ther offices 'sll less do they reflect respect for constituons or acceptance of the rule of law 7 hs means that the real nefits of ndependence whch s what freedom amounts to have not yet arrived for most of their cizens Since the concept of 'quasistate s crucial to ths study t s import ant to be as clear as possble about ts meanng to avod msunderstand ing. My argument s not that the emprcal characteristics of quasistates are new On the contrary, some states have always been less substanal and capable than others. Hstory offers many examples of large or strong states and small or weak states and ndeed of ramshackle or derelict states both nsde Europe and outsde ror to German and Italan unficaon in the nneteenth century there was sll a considerable number of what one historan refers to as 'pygmy states n Europe. 8 There were also dlapdated and splnterng empires under selfindulgent dynasties, such as the Habsburgs and Ottomans. And many states outside Europe were easy prey for expanding European mperalsm here s no shortage of examples. he hstory of the mode state s n no small part a hstory of rulrs who are llegmate, govements that are dsorganized or ncompetent, and subects who are indifferent, isolated, alienated, cowed, or n rebellion. Further more, although there s undoubtedly greater substantal nequalty beween soveregn states today than ever before t s not nternatonal
STTE S D USISTTES
inequaliy
pr s ha is new.
Inequaliy eween saes is a pesisen
featue of inenaional elaions as Roe Tucke poins ou in an impoan essay on he sujec 9 In he pas howeve small and weak saes had o suvive as es hey could y hei own effos and hose of whaeve allies hey wee ale o enlis in hei suppo Some suvived some succumed Inenaional hisoy is in lage measue he soy of his suggle This is he adiional ealiy of he saes sysem as a powr o alance of powe sysem which coninues o define he dominan heoy of inenaional elaions ealism' Hans J. Mo genhau's heoy of powe poliics' o Main Wigh's deniion of classical inenaional heoy as 'he heoy of suvival' ae well known esponses o his hisoical ealiy 10 Wha has changed is no he empiical condiions of saes u he inenaional ules and insiuions concening hose condiions Bey he feedom o posiive soveeigny of saes expessed y he adiional alance of powe sysem has een inefeed wih and sujeced o new nomaive egulaions weak maginal o insu sanial saes ae now exemped fom he powe cones a leas in pa and eaed as ineaional poecoaes This is cleae in he case of miiay ivaly u new inenaional economic egulaions also diffe eniae etween saes and quasi-saes oday The weakness o ack wadness of counies is no longe a jusificaion fo conques o colonialism No is i a jusicaion fo ineaional suppo of ani govemen eels in deelic Asian o Afican saes unlike nine eenh-cenuy Euope fo example whee he specacle' of a am shackle' AusoHungaian Empie which denied feedom o is sujec peoples' povided gounds fo foeign inevenion in he eyes of John Sua Mil and ohe lieals Ineaional developmen assisance is usually advocaed someimes coupled wih demands fo human ighs poecion u soveeignty is no inefeed wih o even quesioned Theefoe i is no empiical diffeences and vaiaions among saes ha is novel alhough hese ae poaly geae oday han eve efoe owing o he gloaliaion of inenaional sociey Rahe i is he way ha inequaliy and undedevelopmen is conceived evalu aed and esponded o y ineaional sociey ha has changed Ramshacke saes oday ae no open inviaions fo unsolicied ex enal inevenion They ae no allowed o disappea juidically even if fo all inens and puposes hey have aleady fallen o een pulled down in fac They canno e depived of soveeignty as a esul of wa conques paiion o colonialism such as fequeny happened in he pas The juidical ca is now efoe he empiical
STTES N D S STTES
horse This is enirely new The resul is a raher differen sovereigny regie wih an insurance policy for arginal saes In shor, quasi saes are creaures and heir elies are beneiciaries of noncopeiive inernaional nors I is his which is new and indeed unprecedened in he long hisory of he sovereign saessyse Insead of being a hrea o sovereigny and perhaps even saehood, poliical weakness and econoic underdevelopen are now con sidered reasons for eepion fro he ore srenuous classical iner naional copeiion beween saes They are also valid grounds for posiive assisance fro inernaional sociey Wha is differen, here fore, is he eisence of an ineaional sociey ha has presided over he birh of nuerous arginal eniies, guaranees heir survival, and seeks a leas o copensae he for underdevelopen if no o develop he ino subsanial independen counries Before he pre sen cenury here was no special ineaional regie ha caered for sall or weak saes All sovereign saes oday including soe which are far ore chaoic han he AusroHungarian or Ooan Epires ever were such as had or Lebanon enjoy an unqualifed righ o eis and high prospecs for survival despie heir doesic disorganizaion and illegiiacy This caegorical righ derives fro new inernaonal nors such as anicolonialis, ecolonial self deerinaion, and racial sovereigny underwrien by egaliarian and deocraic values which like so uch else have heir origins in Wes e social and poliical oveens onsequenly, fr soe saes oday here is an enirely differen consiuional echanis which has largely displaced he iliary or
diploaic securiy arrangeens of he pas Ecolonial selfdeeri naon has led o a new kind of erriorial legiiacy and he freezing of he poliical ap uch of he Third World The rules of sovereign saehood have changed in he direcion of far greaer ineaional oleraion and accoodaion of arginal governens han has been he case since he eergence of Weserndoinaed universal iner naional sociey in he id nineeenh cenury2 Whereas in he pas such eniies were usually doinaed by effecive saes and ofen deoed o an inferior inernaional saus as poliical dependencies and barred fro he club of sovereign saes, oday hey are adied as equal ebers Their adission has brough ino eisence a co uniy of saes of unprecedened diversiy of ebership, fro he leading iliary and econoic powers a one eree o a lenghening lis of specks on he ap a he oher, and assored regies of greaer or lesser subsance and credibiliy in beween ever have dispariies beween he ouward fors and he inward subsance of sovereign 4
SES ND S SES
states been any greater than they are tday This has changed the character f the svereignty game fundamentally and irrevcably, as I argue in the next chapter Quasistates and their external supprt structures refect a nvel dctrine f negative svereignty which was fashined expressly fr the independence f the Third Wrld. This regime was instituted beause it was the nly way numerus underdevelped clnies culd rapidly be made independent. If balance f pwer and selfhelp criteria f classical psitive internatinal law had been retained in the determinain f new statehd, fewer cuntries wuld have gained independence and prbably many wuld still be clnies tday. Decl nizatin wuld have been pstpned until empirical grunds fr selfgvernment and therefre authentic freedm had been achieved which in many cases wuld have taken a lng time In sme cases it wuld have been delayed ndefinitely Hwever, this prspect was denied nce clnialism became illegitimate in the decade and a half fllwing 945 when the cmmunity f states adpted the principle f selfdeterminatin as an unqualified human right f all clnial peples. It became impssible t insist, as Plamenatz puts it, that sme cuntries ught t be deprived f their independence in rder t be made capable f reem 13 The new dctrine justified the indepen dence f every clny which desired it and thereby established a radically different basis f svereign statehd n the exclnial per ipheries f the wrld. It was nw pssible t pssess juridical state hd whie as yet disclsing little evidence f empirical statehd. It was als pssible as it never had been in the past t make demands n inteatinal sciety fr assistance t becme develped and it was difficult t ignre such demands withut denying the real prblems and dificulties f the new members f an expanded cmmunity f states. Quasistates are therefre disclsed by a new psitive internatinal sciety which fstered the independence f such states and caters fr their survival and develpment If we imagine this superstructure in terms f arrws f assistance and supprt between states r between internatinal rganizans and states, many are pinted twards the Third Wrld and away frm the First Wrld r frm the UN and ther inteatinal agencies invlved in develpment. Materally the arrws represent bilateral and multilateral public aid fws, technical assist ance, inteatinal brrwing at cncessinal rates f interest, debt relief, technlgy transfer, fd aid, humanitarian relief, refugee as sistance, and much else. In sme imprtant respects these effrts by the sciety f states are attempts t cmpensate fr the differentiating 5
STATS A N D Q A S I STATS
not discriminating effects of inteational economics whose arrows are pointed in the opposite direction towards the developed and de veloping capitalist economies just as domestic welfare states were constructed in part to compensate for the inequality effects of market economies . Normatively the arrows represent emergent standards of international morality and legaliy which underwrite the foregoing ransactions and presuppose nonreciprocity between developed and underdeveloped countries. The latter are presumed not yet able to take equal advantage of traditional economic rules of the statessystem such as free trade or free flowing inteational capital. Some of these new economic principles and practices are summed up in the novel concep tion of 'internaional development law . 14 One can therefore conceive of quasi-states in part as a focus of struggle between traditional forces of competitive inteational economics and new post-colonial inter naional society which is attemptig to shore up marginal states deemed unable to compete successfully. In shor, quasistates are creatures of changes in the rules of membership and modes of operation of international society which were deliberately made to replace the instituons of European over seas colonialism The correct level of analysis for understanding these problematical entities consequently is not the state as such but the statessystem and paricularly its new accommodaing norms. Hence the following chapters focus on the ules of the negative sovereignty game rather than the stratagems or tactics of its players However at a more fundamental level quasistates reveal the same egalitarian and democratic values as other twentiethcentuy enfranchisement and liberaion movements conceing disadvantaged class racial and eth nic miorities.
A close parallel in time is the civil rights movement in
the United States which has vitually identical moral imperatives and some comparable instiutional features. 15 Quasi-states are therefore part of a more general process of self-determinaon which has affected domestic as well as inteaional politics in the latter half of the twen tieth cenury A T V S O V T A D O S T V SOVT
Embedded i n the foregoing remarks is a concept of negative and positive sovereignty that shapes the analysis in the chapters which follow It is derived from the cognate ideas of negative and positive liberty made famous by Isaiah Berlin. 16 Liberty is possessed by individ uals, of course, whereas sovereignty is a property of states In applying Berlins distincion to inteational relations I make no claim that 6
N E G T V E S O V E R E G NTY N D P O S I T IVE SOV EREI GNTY
individuals are stricty analogous to states: the domestic analogy. On the contrary, the analogue is useful in discosing differences as well as resembances between individuas and states that raise special probems for internaona reatons which do not exist in interpersonal reatons. Negative liberty is defined by Berlin as 'the area withn which a man can act unobstructed by others . 17 It affords individuals 'freedom from interference and therefore presupposes individual self-determination. Under conditions of negative freedom one has immuntes from others and is therefore 'at liberty There is a sphere of action which is one's own Over himsef, over his own body and mind, the individual is sovereign. Interference with an individuals negatve liberty ordina rily is justed according to J Mil only if he harms or threatens to harm another. His own good, either physica or moral, is not a suf cient warrant' . 18 This presupposes that individuals are ratona agents and can be hed accountable for their actions unless there are valid grounds such s insanity which overrde the pncipe Mil believed in individua sovereignty not ony for its own sake but for the utlitarian contrbution that unfettered individuals could make to the greater good of al Negative sovereignty can also be defned as freedom from outside interference a formallegal condition19 Nonintervention and sover eigny in this meaning are basicaly two sides of the same coin This is the central prnciple of the classical law of naions the sphere of exclusive ega urisdiction of states or inteationa ssez fre Nega ive sovereignty as regards quasistates prmarly invoves decooniz aion it is the distinctve berty acqued by former coones as a consequence of the international enfranchisement movement men oned above It is a formalega entitlement and therefore something which internatona society is capabe of conferring Negaive sover eigny is the egal foundaon upon whch a society of independent and formay equa states fundamentaly rests One can therefore think of ndependence and nonintervention as the distincive and reciprocal rghts and dues of an internaiona socia contract beween states When it is hed it is hed absoutey in the sense that it is not dependent on any conditons other than the compact itsef which does not require positve acion but ony observance and forbearance: the basic postu ate of the cassica ibera rule of aw It is the cenral principe of pubic inteaona law and the main focus of inteaonal ursprudence Negave sovereigny dffers from negatve ibery n mportant respects, however It cannot presuppose the same saisfacons or benets as negave berty owng to fundamental differences between
STTES N D SSTTES
states and individuals Individuals ae equipped to enoy immunites simply by being o at least by being adult and not physially o mentally disabled he soveeign individual is intinsially and demonstably valuable Populations onsideed as states may o may not be able to deive benets om national autonomy howeve depending on what thei independent govenment is o is not willing o able to do o them Individuals ae sole agents but states ae lage and omplex oganizations onsisting o many agents both ules and uled whih eates poblems o mutual apability and esponsibility Soveeignty only pesupposes govenments whih ae dmd apable and esponsible Although this has neve been ompletely auate empiially it was a easonable simpliying assumption histoially when intenational soiety onsisted o Westen states that shaed not only a ommon osmopolitan ultue but moe o less the same levels o development whih enabled them to eipoate without undue diiulty It is moe poblematial nowadays in a global inteational soiety beause states ae moe vaied ultually and unequal eonomially tehnologially and militaily than they have eve been Moeove a soveeign govement unlie a ee individual is Janus aed: it simultaneously aes both outwad at othe states and inwad at its population he esponsibility o an individual onsists entely in extenally oiented ations: it is owed to othes But the esponsibility o a soveeign govenment is both extenal to othe soveeigns and intenal to its itizens he ham piniple o an individual aoding to Mill onens only the ham that an be done to othe individuals whih would ininge on thei negative libety But the harm piniple o a state onens not only iningements on the soveeignty o othe states but also on the libety o its itizens An independent individual who espets Mills pniple an only hut himsel but an indepen dent govement who is esponsible to othe soveeigns an stll ham his subets eithe delibeately o though negligene o inompetene A soveeign not only an ommit many moe imes and tots than an individual but thee is no highe authoity to arest him bng him to tial and i guilty punish him his is why attempts have been made to establis an inteational law o human rights whih would overule soveeign ights in etain iumstanes hee is onsequently a dilemma in negatve soveeignty ooted in the divisibility o states whih does not exist in negave libety owing to the indivisibility o pesons In shot beause thee an be quasi states wheeas thee ae no quasipesons negative soveeignty and natonal seldetemnaton ae not ategoial goods lie negative libety and individual seldeteminaton Instead they ae moe am 8
NEGTIVE S OVEEI GNT N D P O SITIVE SOVEEIG NT
biguous i s impossibl o bliv in sovrign sas in h sam unqualiid way ha Mill blivd in sovrign individuals nr naional libralism is mor onradiory and ambivan han dom si libralism and is analysis is onsqunly mor ompliad Posiiv libry aording o Brlin 'onsiss in bing ons own masr' is 'frdom o' : bing aiv and slfdiriv; hoosing pursuing and ralizing goals poins owards h aquisiion and noymn of apaiis and no mrly immuniis; i prsupposs agnis and ondiions whih ar nabling Posiiv frdom implis ha hr ar som individuals and prhaps many who migh b a libry bu who lak h nssiis duaion raining skills ools mony and so forh o ak advanag of i This sor of rasoning is pariularly vidn nowadays in affrmaiv aion programms whih sk o nd subsaniv bnfis o popl who ohrwis would no qualify for hm This is jusiid on h grounds ha ngaiv libry anno by islf nabl hm o b hir own masrs owing o disadvanags no of hir own making suh as lass or ra or s Th auhnially auonomous individual is on who has far grar onrol of his dsiny han mr frdom from h inrfrn of ohrs maks possibl This is h viw of Mar and indd all who fnd ngaiv libry unsaisfaory as a basis for ralizing h good lif Posiiv sovrigny likwis prsupposs apabiliis whih nabl govrnmns o b hir own masrs: i is a subsaniv rahr han a formal ondiion A posiivly sovrign govrnmn is on whih no only njoys righs of noninrvnion and ohr inrnaional immuni is bu also posssss h whrwihal o provid poliial goods for is izns is also a govmn ha an ollabora wih ohr govrn mns in dfn allians and similar inrnaional arrangmns and riproa in inaional ommr and inan Posiiv sovr igny is h mans whih nabl sas o ak advanag of hir indpndn usually indiad by abl and rsponsibl rulrs and produiv and allgian iizns Posiiv sovrigny as Shwar znbrgr pus i is no a lgal bu a poliial aribu if by 'poliial' is undrsood h soiologal onomi hnologial psyhologial and similar whrwihal o dlar implmn and nfor publi poliy boh domsially and inrnaionally 20 is h disiniv ovrall faur of a dvlopd' sa Consqunly i is a srongr hararisi of som sas han of ohrs Sin sas ar nvr a rs owing o ulural ransformaion sin ifi ad hnologial innovaion and ulimaly h passag of im posii sovrigny is a rlaiv and hanging rahr han an absolu ondiion unlik ngaiv sovrigny 21 Thr an b no ompl 29
S T T E S D S - S T T E S
sefmasery eiher for a sae or for a n individua: i is aays a maer of degree. Even a superpoer is imied in ha i can accompish and i is a ise American or Sovie Presiden ho reaizes his Bu he variaion is far greaer oday han fify years ago oing o decooniz aion hich has resued in he independence of saes a a eves of deveopmen and underdeveopmen Consequeny ahough sover eigns everyhere oday enoy negaive righs of noninervenion ony some possess he hereiha o ake advanage of heir indepen dence And hereas ineaiona society can provide govemens ih negaive sovereigny hrough he ac of genera rcogniion his is no he case ih posiive sovereigny hich depends primariy on he acions and resources of governmens and heir popuaions Variaions in subsance and capabiiies among saes are fr greaer han among individuas and he gap beeen negaive and posiive sovereigny consequeny is much ider han ha beeen negaive and posiive ibery is no a quesion of size or even poer here have aays been arge and sma poerfu and eak saes. Denmark is a darf compared o Germany and has suffered hisoricay from German invasion and occupaon Bu he Danish govemen can oherise provide for is popuaion as e as any sae and beer han mos. Sovereigny for Danes is a angibe good is no a quesion of being a darf or a gian among saes Raher i is a quesion of being a sae in organized domesic reaiy and no merey by ineaiona a as indicaed for exampe by per capia iving sandards of he popu aon Denmark or for ha maer ceand or Ne Zeaand or Singa pore are subsantia and credibe reaiies hose sma popuaions enoy iving sandards hich are far in excess of hose in mos arger and more popuous saes of he ord . n shor individuas can do more good ad ess harm ih negaive ibery hich is perhaps hy cassica iberaism gives inied aenion o posiive freedom han saes ca effec ih negaive sovereigny hich ikeise is perhaps hy cssica posiive inernaiona a a branch of iberaism con fined e possession of sovereigny o deveoped or civiized coun tries oday he response is differen underdeveopmen serves as eae grounds for ineaona assisance ncapaciy and in euity have been rned ino posiive inernationa righs This gap beeen negaive and posiive sovereignty is universay perceived by ineaiona reaions oday due o ne sandards and expecaions of he sociey of saes concerning he deveopmen of is embers These in tu are inked o he exisence of highy capabe and reaivey civi saes ocaed mainy ahough no onger excusivey in one quaer of he gobe hich highigh he comparaive inade
N E G V E S O V E EGNY N D P O S V E S O V E E GNY
quay of quasistates The ga was not onsidered signifiant in inter national relations befoe the develoent of highly organized and oaratively ivil Euroean states in the nineteenth entury. As will be disussed in hater 3, the old renineteenthentury Grotian law of nations ebraed olitial systes with little regard for differenes of ulture or degrees of organization and disorganization It was id nineteenth entury ositive international law refleting the oara tive odernization of Euroean states whih first ereived the ga and resonded by denying sovereignty to ost nonWestern olitial systes. They were redued to Western deendenies of one kind or another. The old olonial regie withheld indeendene fro under develoed ountries until they were onsidered 'fit for selfgove ent. The new ostolonial regie etends indeendene as a atter of right in the eetation or at least hoe of subsequently assisting the to develo their aaities of selfgoveent and thereby enable the to deliver ivil and soioeonoi goods to their oulations Inteational aid is justified on the affirative ation grounds that indeendene is neessary but not suffiient to enable eolonial states to beoe their own asters onsequently, the ositive nors and ativities of onteorary international organization an be understood as an attet (to date not very suessful) to oensate for the shortage of ositive sovereignty of quasistates. What is ost signifiant in all of this is not variations in eirial statehood whih have always eisted but hanges of inteational nors and eetations oneing underdeveloent What was one onsidered a prma fac ground for denying ebershi in inter national soiety is now regarded as a lai to additional inteational suort and assistane: sovereignty lus The following hater out lines the ontrasting modus oprand of these very different sovereignty regies.
2
A W RI G R G I M
S O V STAT HOOD
ovee eaoa eaos ses osuoa depedee o oe saes e ods o Aa aes 'a a osuoa depedee eas s a a sae's osuo s o pa o a ae osuoa aaee' Te God Coas a Bs oo as o sovee eause as o eal depede o Gea Ba. deed as osuoa pa o e Bs Epe Gaa e sovee suesso o e God Coas se 1957 s ea depede o o o Ba u o a oe sovee saes ovee aod o Jaes s a ea asoue ad ua odo' 2 Lea a a sovee sae s o suodae o aoe sovee u s eessa equa o eaoa a aou o ouse o eessa eaoa a Asoue a sove e s ee pese o ase. We a ou s sovee s depede aeoa: ee s o eedae odo e aoa a su sauses as 'useesp' ad 'assoae saeood' ave ee oeved ad eve eoed Te do o s se sovee oeve Te ae dee ea aeoes aoee ' s ae ee a ppe e o aa ouse o queso o eave sovee' 3 a a a sovee sae s a supee auo s jusdo Ts s e ase ee o o a sae as a u o a edea osuo eause ee ase s a soe auo s exea eaos oe saes Oe se oud e oe a oe sae ea o oud ave e aue o uaess As appes, edea saes exea aas s e espos o e aoa ovee oud o e oe se ou v au aou e ous o sovee Te Caada edea ovee's seadas u o aas suessu deeao o de e Pove o Quee eve e appeaae o a o eae oe aas s usave ovee saeood as pevous daed s o oe o sevea 2
SVEEN SE HD
kds o teatoal stats whh hae ested hstoally. oday t s tally the oly kd. hs was ot the ase the eet ast howee. Beoe the adet o qasstates aos othe oms ested whh wee assoated oe way o aothe wth Eoea oloal sm. Most o them old e od wth the elaoate ostttoal amewok o the Btsh Eme whh lded ettes sh as 'olo es' (setted oqeed o eded) 'otetoates' (ldg 'oloal otetoates' 'teatoal otetoates' ad 'oteted states') 'madates' o 'tst tetoes' ad 'odoma' . May Btsh deedees wee ostttoal amalgams. he Gold Coast o eamle was a mltle deedey osstg o a settled oloy (Gold Coast Coloy) a oqeed oloy (Ashat) a otetoate (Nothe etoes) ad a tst tetoy (Btsh ogolad). Athogh eah o these statses deed stttoal shae they all dslosed the ommo odto o legal sodato to a oeg owe hey wee a deal o soeegty he God Coast was a deedey ot oly y Btsh law t also y teatoal law. he lagage o soeeg statehood s ategoal ad ot o tget. hs s osstet wth legal lagage geeally o say that soeegty s a asolte odto o eamle s the same as sayg that maage o ay othe omal elatosh s asolte: oe ethe s o s ot a maed eso a atzed athol a Bahelo o Ats a Uted States tze ad the lke. Legal lagage s deet om soologal lagage the same way that maage des om seal elatos atsm om smeso a BA om leag o tzesh om esdee he st ategoy eey ase okes a stats wheeas the atte s meely deste. he same a e sad o soeeg statehood ostttoal deedee des ategoally om hysal seaato ad oloal stats s ot the same as eo om deedey Soeeg states ae legally t ot eessay hysaly sla ad today most o them ae eoomally deedet o tedeedet hese ae deget ategoes ad to ose them s to ommt what Glet Rye aoately tems a 'ategoy ms take' . 4 he soal see o teatoal elatos has otately eased the osslty o mg the agage o soology (o olt al eoomy) wth that o sdee (o oltal theoy) theey vtg oetal mddle hs s atlaly the ase as egads soeegty sh tems as 'deedee' 'mealsm' ad 'ol oalsm' hae ee dsodged om the legal moogs ad ae today thooghy sed wth sooogal ad ee deologa mea gs. he olem o amgty s y o meas eet howee ad s
NW S OVRIGNTY RGIM
inherent, for example, i n the issue o f qualifying for sovereignty on empirical grounds. In classical inteational law government effectiveness was a central ground of sovereign statehood Sovereignty was, as James Crawford puts it, 'merely the location of supreme power withn a particular territorial unit, necessarily came from within and did nQt require the recognition of other States or princes' 5 t was simply there Demon strated capacity for self-govement created credibility and respect which warranted recognition: sovereigns preceded sovereignty In the now rather dated words of Hans Kelsen 'A national legal order begins to be valid as soon as it has become, on the whole, effcacious, and ceases to be valid as soon as it loses this efficacy' 6 If this were still true today many Third World states probably would not exist The grounds sovereigns and the title sovereignty are categori cally different, however States historically were empirical realities before they were legal personalies A govement could acquire sovereignty in virtue of being an inescapable reality in the surrounding internaonal landscape which other sovereigns were obliged to recog nize sooner or later: the positive sovereignty of the Soviet Union and China after their communist revolutions which some Weste states regarded as illegitimate and for a time refused to recognize are twentiethcentury examples; the freedom of Holland and Portugal from Spain before the latter recognized them as sovereign are seven teenth-century examples. Today, however, rulers can acquire inde pendence solely n virtue of being successors of colonial govements: the negative sovereignty of many more or less nominal Third World states The states of subSaharan Africa did not as a rule become free of the European empires and later claim independence On the contrary, they were granted independence by those empires regardless of their empirical conditons and they exist today more by their universal rght of idependence than by ther demonstrable reality T H O D S O V T A
Since sovereignt is essentally a legal order defned by rules it can very approprately be understood in terms of a game One can intelligibly employ the metaphor only in the analysis of rule-articu lated polical orders: games are activites constituted and regulated by les It is useful to disnguish two logically different but freuently confused kinds of rules: constitutve (civil) and instrumental (organz aonal) 7 Constuve rules defe the game: number of players, size and shape of playng field, me of play, prohibited actions, and so on Instumental rules, on the other hand, are precepts, maxims, strata
THE O L D SOVEREGNTY GME
gems, and tactcs which ae deived fm expeence and cntibute t winning pay They ae pudentia pptunistic cnsideatins put int pactice by payes teams, such as instuctins given by a cach: f example, t keep a staight bat in cicket t chke up n the bat in baseball Hweve, neithe belng at al t the ule bks cnsti tutins) f these games They ae, f example, categicaly diffeent fm the cnstitutive ue f bth games that if afte being hit the ball is caught befe it stikes the gund the batsman batte is ut The cassical sveeignty game is f cuse cnstituted by vaius laws, pactices, custms, cnventins, and pescptins which p mte inteatna civiity and ae genealy acknwedged by sve eign states F example, taditina pubic intenatna law bengs t the cnsttutive pat f the game in that it is signiicantly cncened with mdeatng and civilizing the elatins f independent gven ments Diplmacy als bengs insfa as it aims at ecnciling and hamnising divegent natina inteests thugh intenatinal dia lgue On the the hand, feign plicy is amng the maj in stuments used by statesmen in paying the sveeignty game that is, pusuing thei inteests Reasn f state natina inteest theefe is nt pat f the cnsttutn f inteatina sciety Rathe, it is an attbute f states and intega t the instumental pat f the game Diplmacy as bengs t the instumenta pat insfa as it invves machinatins and intigues aimed at futheing natina inteests Histy gves exampes f bth cnsttutinal and Machiavelian dip macy and this ambiguity is egisteed in the cuent semantics f the tem This stdy cncens mainy the cnsttutve ules f the sve eignty game and is inteested in instumenta facets ny insfa as they discse the chaacte, cnditns, cnsequences, biases f the game The cnsttutve ules f the sveeignty game ae a espnse t the unavidabe and undeniable eaity f a wd f states puality They ae entaed by cnsttutnal independence lega equaity f states, mutua ecgntn, juisdictin, nnnteventin, making and hnuing f teates, diplmacy cnducted in accdance with ac cepted pactices, and in the badest sense a famewk f inte natna aw incuding the aw f wa which attempts t cnfine even vient cnfict between states wthin a uebunded paying fed that ptects nncmbatants and the spectats n sht, the ules in clude evey cnventin and pactce f iteatinal life whch mde ate and indeed civilize the elatins f states a wd theized f the fst tme by Hug Gtus8 And cnsistent with the ules f the cmpettve games thse f sveeignty f the mst pat estct 5
N W S VR IN RM
cofie state behaviour to demarcated jurisdictios usually by meas of prohibitios, ie. o-itervetio. Ideed, the classical in teratioal game of sovereigty lie the rule of law or costitutional govermet withi states is basically a game of liberty. It is a cetral istitutio of the political world of liberalism. A crucial difference ad major feature of the sovereigty game, however, is the absece of referees with authority to eforce the rules this is left to the players themselves. Coseuetly, the game is more proe to disorder and breadow. Who ca play the game? Oe must be legally entitled: the players, or teams, are sovereig states ad only sovereig states Obviously, there are always may more spectators tha players ad there is cose uently a high value o sovereigty he title player' or team is governed by rules of recogition which acowledge who ca play. he umber of sovereigs has ever bee large. It is a exclusive game. From about the middle of the nieteenth century until the second world war, as already indicated, oly Europeas or their de scedats held the title apart from a few importat ad isolated excep tios. Sice that time the rules of recognitio have been chaged to allow o-European govermets oto the inteational playig field but ot ecessarily into the same league or divisio. Although the rules are still restrictive today ad there are many peoples who desire idependece but are denied, they are far more accommodating than they were fifty or a hudred years ago. his is a basic constitutional change which has created a rather different game as I explain below he classical sovereignty game exists to order the relaons of states, prevet damaging collisios betwee them, and when they do occur regulate the conflicts and restore the peace Playing is doing what a sovereig does i relatio to other sovereigs withi the costitutive rules of the game: pursuing foreign policy goals. his is what attracts the spectators who are scarcely iterested in the rule boo ad only tae a iterest i rule violations by the visitig team and invites the experts and consultants who purport to master the prudence ad techniue of foreig policy. his is the highstaes part of the game played down through the ceturies by statesme with greater or lesser sill and success. he legitimate foreign policy interest of a state is logically that of advantage ad gai but certaily ot to the point of destroyig the game which is about idepedece ad the political goods derived from it Ultimately the naonal iterest of sovereign states is protection and preservation of their ow way of life. If they elect also to proselytize it must be withi the rules of the game. his would exclude crusades,
jds
state sposored terrorism, the global
T H E L D S V E E G T G E
commis revolio forcily makig he world safe for democracy ad ay oher acios i coemp of sovereigy Wiig ad losig is a more limied cocep ha playig Some forae or iep or weak saes will lose games of corse ad may as a resl e deprived of idepedece Some losers may eve e roke p he pariio of Polad i 79. Ohers may e redced o proecoraes or coloies ad effecively arred from he game as happeed o may radiioal Asia ad Africa rlers i heir e coer wih he Wes his is o iimical o he game iself however which cao isre agais losig Fialiy is a oio as illsied o he sovereigy game as i is o mos poliical games which sally are everedig Alhogh here are maor ad mior eams sroger ad weaker players ad oday firs secod ad hird divisios here ca e o pereial or fial wiers ad losers wiho desroyig he game or ig i io somehig else If ha happeed here wold of corse o loger e a sovereig saessysem foded o plraliy Isead here wold e iversal empire or world goverme ased o oe overridig ahoriy is logical ad hisorical opposie he cosiive rles of he sovereigy game as well as some of he isrmeal calclaios sch as he alace of power precisely ackowledge ieraioal plraliy ad eis o preve gloal he gemoy Some saes ad heir alliaces have always domiaed large areas of he ield of play wha Peer alvocoressi erms sper sovereig or serai saes 9 o sigle sae or alliace has ever commaded he eire ield ad seced all oher saes o is ecls ive ahoriy alhogh over he ceries several have made he aemp Moreover disregardig he rles i a effor o wi amos o desroyig he game y rasformig i io a figh i ieraioal relaios fighig is a arrower cocep ha oe migh hik War fare for eample is o ighig as log as i coforms o he laws ad pracices of war as geerally acceped amog saes War is par of he game ad hisorically a very impora par ideed ere we ecoer he game a is mos realisic he mai poi of he cosiive rles hisorically is o o preve or o aish warfare which is realisic o civilie i as mch as possile here is a differece ewee claimig sovereig aoomy ad claimig world domiaio e wee regardig aoher poliical ey as a adversary o e worsed or defeaed ad regardig i as a eemy o e erly vaqished or eve desroyed 0 his remark capres he characer of warfare co dced wihi he rles of he sovereigy game 3
W S O V R G TY R G M
he claical game which ill ei i he more deeloped par of he world, player a idicaed are logically ad i may cae hiori cally prior o he game. They are ruler of ubaial poliical yem who are edowed wih domeic auhoriy ad power ad are here fore credible ieraioally empirical aehood They are aural rial i irue of heir proimiy ad coflicig iere. er aioal relaio i parly a zero-um game: hi i paricularly eide hiorically i coflic oer erriory. i alo parly a collaboraie egageme for eample, amog allie defedig commo iere A idicaed, ae ary coiderably i ize ad power, which ofe oblige ruler of mall ae o ee alliace wih large. he claical game, howeer, ariaio i capabiliy p capta are far le ad reder mall power aluable allie. Small ae obiouly ca alo be a ciil a large Size aloe cao deermie qualiy amog ae ay more ha amog me a merich Vael obered i hi famou remar ha a dwarf i ill a ma A oereig ae, a oed preiouly, coi radiioally of a bordered erriory occupied by a eled populaio uder effecie ad a lea o ome ee ciil ha i ciilized goeme. Succeful ae proide heir populaio wih heler agai eeral ad ieral hrea eablig o oly a orderly ad afe bu alo poe ially a properou ad culiaed way of life o be carried o Soer eig ae are radiioally poulaed, herefore, a iherely aluable ad capable eiie which proide codiio for he good lfe Thi i heir uificao i claical poliical heory Lie he rule of he road or ay oher law of libery which preuppoe he alue of age, ieaioal rule ei o pree colliio ad herefore iury or damage o poulaed iriically aluable ae The ihere alue of ae i alo dicloed by heir miliary a pec. Amog he defiig properie of ae hiorically are arm hey are orgaized, equipped, ad prepared for war ee if hey oly wh o aoid i Thi ca be a ig ha hey are liable raher ha deolae place. Soereig are i he ae ad pore of gladiaor, Hobbe wroe, o beaue hey are war mogerer bu becaue hey defed he idury, ar, ciece, ad oher good of heir ubec. 1 Wherea mo of he beefi of uropea ae origially were re riced raher arrowly o ruler ad leadig ubec upo whom hey depeded he dyaic ae laer i he coure of poliical ad ecoomic deelopme hey were eeded o he ciizery a large he aioae. Howeer, ee he earlie recogizable oereig were uified by proidig order wihou hem, accordig o Bodi, oe hould hae eiher iercoure, commerce, or alliace 12
T H E O D S O V E R E I G N T G A M E
Stats k tuts woud not hav had shs if thy w not ha ita If pop had shs thy woud not hav invntd stats. In th cassica thoy of sovign stathood as notd in th in toducton th a consqunty two pdominant paadigms a ism and atonaism. Th fist postuats stats as pow oganiz ations with conficting nationa intsts and without th moaiy of individuas rason dtat Rducd to ssntias th stat is a wa machin wh xists to poduc nationa scuity. This is th famiia discous of Machiavi and oth cassica aists. In Micha Oa shott s tms it is th stat concivd as an ntps association o unvrstas: an oganization with an oviding nationa intst in scuity and suviva. Th scond paadigm postuats stats as su jcts of intnaona aw sovign govnmnts a intationa ga psons This is th idiom of Gotus Vatt and oth cassica ationaists. It is intatona ations concivd as a socity soctas consisting of indpndnt govmnts und common us which appy quay and mpatay to a. Th stat is a ga pson o ctzn of intatona socty and th us a ntationa aw in th oadst sns th intnationa quivant of th us of th oad Sovignty is th ight to sai th mtaphoica ship of stat on th opn ocans guatd y intnationa aw without ing tod wh to had ut ony how to pocd. This is th tadiona imag of th stat in th od sovignty gam. Th oigna pays w govmnts which had succssfuy asstd sovignty in th past had nv sundd it o suc cumd to anoth stat and consqunty had a stong histoca ght to pay th gam. Whn th Unitd Stats achivd fdom fom th Btsh Empi though its wa of indpndnc o whn Japan avoidd Wstn impaism mpica stathood and th divativ positv tit to sovignty was dmonstatd. Whn hov vi tuay th n Afcan coninnt was patiiond and coonizd y Euopan stats in th at nintnth cntuy this is pcisy what nav us w una to dmonstat. Consqunty Afca cam a fd of pay of Euopan ath than indignous stats and to spak of Euopan Afica as many thn did was ntiy consistnt wth intatona aiy Afican us w ducd y cssion and conqust to dpndncis that w dnid a ights to paticipat in th gam Ony Ethiopia and Liia managd to avoid coonzaton and achiv fing pay status Thy w founns of a nw intatona phnomnon quasistats. In shot intnatona aw hithto acnowdgd two stauss sovign stats and vaious foma dpndncis. Athough th 39
N E W S O V E E I G N T Y E G M E
League o f Nations began to hange the ules of the game, soveeignty and empirial statehood wee still oughly aligned in most ases The seond status was eliminated following the seond wold wa by outlawing olonialism and inventing new ules of soveeign statehood fo exolonies based on a novel dotine of selfdetemination Many olonial entities wee theeby tansfomed legally into states In e ality, of ouse, they saely hanged at all Indeed, some egessed by too apidly eplaing uopean offiials with less expeiened in digenous pesonnel Inteational soiety now ontained one and only one offical lass whih masked enomous diffeenes and vaiations in the substane and edibility of statehood aound the wold This hange undestandably had an impat on how the soveeignty game is played The analogy with ompetitive spots beomes misleading at this point beause the new thid division states ae not simply less skilled and suessful at playing the same soveeignty game, they ae in fat playing a somewhat diffeent game than fist and seond div ision states with novel ules adapted to thei speial iumstanes The new ules povide them with onstitutional advantages like handiaps given to poo golfes A W S O V T A M
Thid Wold soveeigns expet and enjoy the same ights a s all othes They ae jealous about thei independene and onsequently the game fo them is no less a game of libety than it is fo othes Howeve, they gound thei laim to independene in a novel dotine that invokes the right of selfdetemination of teitoies whih pevi ously wee olonial j uisditions They also demand speial onside ations and ights defined by thei advese iumstanes whih established states do not laim This eates an unpeedented form of intenational noneipoity as I explain below The new soveeignty game involves basially two normative innovations: selfdetemi nation of exolonies, and development entitlements of impoveished ountries These norms einfoe the soveeignty of othewise weak and vulneable hid Wold govements and theefoe amount to a kind of soveeignty plus In addition, howeve, the ontempoay soiety of states has been atiulating a nom of human ights whih limits the autonomy of all soveeigns inluding those in the Thid Wold It is onsequently esisted by many whose domesti ondut is open to question by human rights oganizations The unintended effet of this nom is to diffeentiate between states in tems of humani taianism, with many Thid Wold govenments lassified as inad equate otetos of human ights
N E W S V E RE I G N T Y G M E
Caegorical selfdeerminaion o f former colonies is he fundamenal innovaion which esablished he negaive sovereigny regime i is he moral imperaive in decolonizaion which underwries he indepen dence and erriorial inegriy of mos hird World saes also serves as a bulwark agains demands for selfdeerminaion by domesic ehnonaional groups. Excolonial selfdeerminaion herefore esab lished no only he caegorical righ o independence of colonial popu laons bu he inviolabiliy of he exising excolonial erriories also. consecraes he excolonial boundaries and ironically is he riumph of he European definiion of he nonEuropean world as indiaed by he curren map of Asia Aica and Oceania which is scarcely alered from colonial imes and bears only limied resemblance o he pre exising polical siuaon he sovereigns have changed and he Euro peans have lef bu he erriorial jurisdicions hey creaed are exacly as before in mos cases 'Selfdeerminaion of peoples' is acknowledged by he UN Charer (Aricle 1) and has been reieraed by many subsequen reaies declar aions, and resoluions of he ineaional communiy Who oday is eniled o selfdeeninaion? Who qualify as 'peoples'? is no longer a posiive righ of tiol selfdeerminaion - very few new saes are 'naions' eiher by long hisory or common ehniy or successful consiuional inegraion nsead i is he negaive righ of exEuro pean colonies - which usually conain differen peoples bu are no peoples hemselves - o consiuional independence under an in digenous govemen regardless of condiions or circumsances his new absrac righ is less demanding han he old concree requiremen and ha is of course he poin: o enfranchise colonies and banish colonialism from ineaional relaons is an anicolonial liberaing principle Numerous peoples which were no colonies could no claim his new righ of selfdeerminaion and have accordingly been barred from enering he inernaional communiy Many which sill aspire o inde pendence are consequenly frusraed by he rules of he new sover eigny game which no only exclude hem bu give no sign of allowing hem o play in he fuure. he accidens of imperial hisory consign hem o he role of unwilling specaors even where hey may acually be in effecive conrol of erriory - as in he case of Erirea Baluchis Biafrans Erireans igreans Ewes Gandans Karens Kachins Kurds Moros ahans Sikhs amils and many oher ehnonaional iies are he abandoned peoples of he conemporary communiy of saes he moral language of he game refers o hem disparagingly as 'separaiss 'secessioniss' or 'irredeniss' which srongly suggess
N E W S OVEREIGNTY REGIME
that they are illegitimate and not likely to be admitted to the clubhouse the foreseeable future. Self-determination has become a conserva ve right of quasistates The new statesmen are understandably united and determined to bar ethnonationaiies from the club because if they were admitted it would involve loss of jurisdiction over the territories in question ad remaking of inteational froniers which, in u, would threaten inteational order In such a zerosum game many existing sovereigns would be losers because the territory in dispute is already uder their jurisdiction Palestinians are among the very fe disossessed nationalities that have achieved an anomalous quasisovereigny i the current inteaional regime mainly because the state hich presently controls their homeland is itself of uncertain legiimacy inter naonally Israelis of necessity play the old posiive sovereignty game in deiance of the ne rules The polics of the Middle East leave them little choice There is a more fundametal reason hy colonial jurisdicions have been perpetuated ad idigenous ethnoaionalities i the vast ma jority of cases barred from international society If they were admitted, most existng Third World states would crumble into far smaller ar ticularisms These enities might be more coherent domesically than existing quasistates and there probably oud be fewer civil conficts However, they would fragment exising international society into a far greater number of jurisdicons than exist now Instead of fifty states, Africa would cotain more than ten or twenty times as many deend ing on how 'peoples were defined 16 This would be an umnageable number and would expose the continent to far greater risks of external control than it faces at reset. Selfdetermination consequently has become an internaional categorical imperative which discloses the weakness of the ostcolonial states whose governments claim it and whose territories are defined and preserved by it The major difference betee the new rules and the old, therefore, is that they apply to many political entities which have not met raditional tests of empirical statehood and probably ould not exist as sovereig states otherwise In the late weneth ceury numerous artificial excolonial enies are ostulated, created and rotected by this international orm What started out as a claim of the eople against the state and in the case of colonis as a justificaion for selfgovernment, has ended u as a sovereign right In recent decades the world community has also been instituting unprecedented ositive eilements of sovereign states Today one can speak of a development assistance regime based on a distinction
A N W S O V R G N T G A M
between 'developed and underdeveloped states with dramacally unequal capacities and needs. This regime has been targeted primarily and extensively at the Third World since the 19s It is evident in numerous multilateral and bilateral public aid programmes as well as proliferating activities of private inteational aid organizations And it presupposes a new type of sovereign state which is independent in law but insubstantial in reality and materially dependent on other states for its welfare Today underdevelopment is not only a however, but also the ground for a claim to positive assistance from the inteational community in general and from wealthy states in parcular. These claims are conceived by certain moral theorists as subsistence rights in parallel with traditional security rights of states and equally as signii cant7 There is an emerging academic literatre on inteational dis tributive justice which seeks answers to the question, among others, whether affluent states have obligations to share their wealth with poor countries Even if underdeveloped states cannot yet be said to possess un equivocal subsistence rights their socioeconomic demands and expec taons tell us something crucially important not only about the difficult material circumstances and basic socioeconoic needs of their popu laons but also about the character and
modus opand
of the new
inteational regie which is tying to shore them up. International development is an extension of self-detemination from the negatve or political to the positive or socioeconomic realm: not only the freedom from noninterention but also the entitlement to material assistance: sovereignty plus In practice this usually translates into inteational fnancial and technical assistance for underdeveloped countries in cluding debt relief and exemptions from the more exacting require ments of fnancial and trading rules in recognition of their special needs and circumstances. The old sovereignty game made no positive socioeconomic pro vision for sovereign states which were assumed to be selfreliant, more or less equally developed, and therefore authentically free agents The main point was to avoid discriination either for or against sovereign states which were considered capable of fending for themselves and entled only to benefit from rules which were equal for all Nondis crimination signifed equal trading rights and reciprocity: the socalled level playing feld as established, for instance, by the Most Favoured Nation principle of classical inteational law States possessed sover eignty by their merits or deserts and inteational usce was necess arily commutave. Such reestanding and freetrading entities did not require posive discriminaon or sovereignty plus. However, the
A N E W S O V E R E G NTY R E G M E
existence of unerevelope sttes obviously confouns this logic: plying fiel tht is level for tems of more or less equl tlents n cpcites is not level if they re profounly unequl which is the cse toy in reltions between evelope n unerevelope countries Historiclly this inequlity ws reconcile by coloniztion of the unerevelope In other wors inequlity ws legitimte n legl ze Contemporry norms of intetionl emocrcy forbi this n so it is respone to by intetionl efforts to estblish specil positive rules, orgnztions n possibly rights n interntionl evelop ment regime for those in nee At the sme me, however, clssicl negtive rights of noninter venton re stll retine by ll sttes, evelope n unerevelope lke. The evelopment clims vnce by mny Thir Worl governments n their voctes o not presuppose ny curtilment of their tritionl security rights The new ethics of interntionl evelopment re obviously ifficult to reconcile with historicl liberties of sovereign sttehoo If evelope sttes hve obligtions to come to the ssistnce of unerevelope sttes s is often clime they certinly hve no corresponing rghts to ensure tht their ssistnce is properly n efficiently use by govements of the ltter Develope sttes hve no such rights becuse it woul violte the sovereignty of unerevelope sttes n coul mount to foreign inteention There is funmentl incomptibility, therefore, between clssicl lberl ruls of reciprocity n commuttve justice n contemporry octrines of nonreciprocity n istributive justice The problem is tht unerevelope sttes clm both security rights n evelop ment rghts n the ntetonl community esres to cknowlege both clms but the clssicl rules of sovereign sttes-system get in the wy This is n symmetricl reltonship unknown in tritionl intetionl reltions the berers of rghts n the holers of obli gtons re ifferentite in wy tht contricts the historicl reci procity n equlity of sttes southe govements hve only rghts n northern only ues The former hve no obligtons to use foreign i properly or proucvely The ltter hve no right to emn it. Some of the problems which rise from this contrictory intetonl morlity re iscusse in chpter 5 The new sovereignty gme is lso complicte by the emergence of cosmopolitn regime whch seeks to estblsh the legl sttus of humns in intetonl relons ginst tht of the sovereign Levi thn. This norm is not prt of the sovereignty gme but is rection to it humn rghts re ntene to curb sovereign rghts. One of the most noteworthy innovons in ntetonl lw urng the postwr er
NEW SVEREIGNT GME
ha been he codfcaon of human rgh n he Unveral Declaraon of Human Rgh and varou oher nernaonal covenan, conven on, and declaraon regardng racal dcrmnaon, relgou n oleraon, orure, and o forh n addon, here ha been a prolferaon of nernaonal humanaran organzaon,
baed
manly n he e bu operang worldwde, a exemplfed by Am ney nernaonal, he neaonal Commee of he Red Cro, he nernaonal Common of Jur, he Mnory Rgh Group, he neaonal League of Human Rgh, and numerou oher. Th a gncan developmen whch ell u omehng abou he cvl or raher uncvl conduc of overegn ae and our aude o oday. Recen nernaonal humanaran law, necearly reflecng he global dvon beween he ndvdual e and collecv Ea, and he developed Norh and underdeveloped Souh, embrace no only cvl and polcal bu alo ocal and economc rgh The e ha horcally placed empha on cvl and polcal lbere whch have her orgn n radonal docrne of naural rgh and naural law ha reach back o European anquy. The Sove Unon and alle have promoed a conrary docrne of ocoeconomc rgh a a way of aerng he legmacy of her conrang ocal yem and avodng crcm of her dmal record of cvl rgh proecon alhough h changng n he Gorbachev era and he Sove Unon and ome oher Ea European counre are now explcly recognzng and ncreangly proecng cvl and polcal rgh. Many Thrd orld governmen ao end o aer ocoeconomc rgh a human rgh whch add moral force o her developmen clam and d rac aenon from her queonable conduc a regard cvl and polcal lbere Socoeconomc rgh alo enhance her power whle uch lbere rerc . However, mleadng o equae he wo caegore and he fac ha curren neaonal law doe equae hem ell u more abou nernaonal polc han abou human rgh. Only cvl and polcal lbere are human rgh properly ocalled and radtonally ac knowledged by neaonal law: ha , unveral moral enlemen naural rgh uch a he rgh o lfe, freedom of movemen,
bus cous freedom from orure and o forh Everyone everywhere can ake a lfe or have aken from hm, conne or be conned, caue or uffer phycal ormen, and generally ake or refran from acon whch nerfere wh oher . Even n he mo underdeveloped coun re anybody who capable of acon can forbear from hreaenng, confnng, orurng, or abung people n oher way . Human rgh n nernatonal relaon are mmune prmarly agan overegn 5
N E W S O V E R E I G NTY R E G I M E
govements. Every govement can guarantee such rights at least in pnciple because it requires only responsible and resolute
conduct.
Failure to protect human rights accordingly is misconduct and in defensible everywhere. Social and economic rights require something in addiion to human conduct. This is the case with subsistence, employment, education, health care, pensions, and all other claims for material benefits. Stanley Benn suggests that such 'welfare-promoting rights are more aptly termed needs 9 For example, it makes no sense to talk of health care rights in underdeveloped countries which are severely short of doctors, nurses, hospitals, and oter medical resources, technologies, and fcilites . This is not merely owing to underdevelopment, however, because it also makes no sense to talk of such things as rghts in developed countries as is evident in the moral predicament involved in giving access to scarce arficial kidney machines. There is always a limit to material goods even in a rich society whereas there is no limit to human decency in any society. I therefore consider as human rights only those natural rights which are universal and have been traditionally regarded as such. Social and economic claims to development or subsistance if they are rights at al can only be positive rights of sovereign states. As indicated, I classi them as components of the inteational development regime outlined previously. Human ights in current inteational law are subject to the consent of sovereigns, however. The cosmopolitan society of humankind is legally not to menon politicaly inferior to the inteational society of sovereign states. Independent govements are free to decide whether or not to be signatories to human rights instruments They may el under a moral obigaton to sign They may come under political pressure to sign. They may believe it is in their interests to sign They are under no lega obligaon to do so, however Although there is a growing moral imperative in inteational society to protect human ghts which derives from the domesc standards and inter naonal influence of Weste democracies, sovereign rights stll have priority over human rights in international law. Since most Third World states are not only underdeveloped but also authoritarian and therefore unconsained domestically, they are inclined to deny human rights. Serious and frequent human rights violatons are not likely to occur in successul demracies in normal circumstances such as mes of peace when governments are subject to popular control. Indeed, other things being equal such states are ikely to be not ony signa tories to inteaonal human rghts law but also leading advocates of
A N W S O V R I G N T G A M
global humanitarianism. In authoritarian states, however, where con stitutional and legal restraints on the exercise of power are far less effective and may even be nonexistent, inteaonal human rights law obviously is more intrusive and has a higher cost in terms of domestic govement freedom of action The probability of subscripon and compliance is accordingly lower In many Third World countries, as Amnesty Inteaonal reports annually indicate, human rghts are routinely violated by govements21 The focus of inteational hu manitarian conce on such states reflects their comparative lack of domestic human rights protections But the resistance of their rulers to inteaonal humanitarianism, their assertion of the priority of sover eign rghts over human rights, and their affirmation of social and economic rights undoubtedly indicates not only their jealousy regard ing sovereignty but their nsecurity and vulnerability also Currently, moreover, there is no effective general right of 'humanirian inter venon in inteaonal law to override sovereign rights22 Nor could there be without fatally underming the sovereignty game which must embody the contrary right of noninteenon to exist In principle, as indicated, Third World states are as accountable to human rights norms as any other govements insofar as they consist of adult and sane human beings In pracce, however, many are recently independent by historical standards and have as yet limted experience of self-rule Ther govements regularly fnd themselves in more difficult circumstances than their First World counterparts Their authority may be disregarded, defied, or even unknown in some quarters They are underdeveloped and frequently disjointed which means they cannot always protect human rights even if they desire it They may not be able to control their own agents who might operate with considerable independence as local freelancing despots These characteristcs are suggestive not only of states but also of sociees in which political civility is not yet completely institutionalized Human rights violations would be less surprising in such circumstances Inter national humanitarian efforts have not compensated for the civil weak nesses of certain independent countries and they are unlikely to do so in the foreseeable future However, they are an indication of one of the most signiicant dilemmas of the new sovereignty game between sov ereign rights and human rights which is discussed in chapter 6
A O V TATO A FAWOK
The argument spelled out in the remainder o f the book can now be summarized Third World independence has resulted in the 7
N E W S O V E R E G N TY R E G M E
ormation or the first time o two simultaneous games o sovereignty within a universal international society the continuing demanding hardball (or astpitch) game based on positive sovereignty, and a new, soter, third division game derived rom negative sovereignty . The irst and prior game includes not only the amiliar Eastest military contest which is the successor to the traditional balance o power system but also a competition or global leadership in science, technology, and economics. The new game is the NorthSouth dia logue which is the successor o este colonialism It is in many respects a collaborative regime ashioned to replace the imperial orders which governed non-estern areas in the past. Numerous quasi states which might not exist otherwise have ound a protected niche within this sphere. hat is undamentaly changed, thereore, is not the geographical distribution o power in the world. Rather, it is the moral and legal ramewor o the states-system and the way that underdeveloped parts o the world are supported exteally Contem porary internaonal society can be distinguished rom its ancestors by a strong democratic desire to incorporate all ex-colonies as sover eign states regardless o their level or prospects o empirical state hood . Moreover, there are many states today which claim material support rom other states in addition to the usual rights o independence. An attempt is being made or the first tme in mode history to estabish responsibilities or the welare o people which extend beyond national borders and to promote it by cooperation between rich and poor states Even i inteational development support or the latter has been woeully inadequate to the need so ar these claims cannot be ques tioned on moral and increasingly even legal grounds and such states are not expected to end entirely or themselves. Contemporary inter national society is thereore expected to be not only a civil association or all states but in addition a joint enterprise association to assist its poorer members This remarable although as yet ar rom successul enterprise
arguably would
be
unnecessay
i there were
no
quasi-states Finally and in response to the requently adverse civil conditions o many countries around the world the community o states is also attempting to establish international standards_o human rights which sovereign govements are urged to observe. These eorts run up against the strong emphasis on sovereign rights, however, and are oten resisted by nondemocratic governments in the entirely rational belie that they will undermine their power and authorty Seldeter mination has liberated indigenous governments in Third orld states 8
O V E L TERTIO FRMEWORK
u as a e same ime sujeced many populaions o unsale and illieal egimes wic ofen use ei soeeign igs o deny o a leas neglec uman igs is ionic oucome was no supposed o appen
9
3
S OVERE I G NTY REGIMES I N H I S T O RY
S R : F A T R R
There is an old controversy in inteationa reations as to whether sovereignty is ininsic to states a fact or a status acknowl edged by other statesmen. Does the world today consist of about 170 disnct and separate organized political realities called states? Is sovereignty constituted by that reality? Or is the globe a framework of jursdictions defined according to common principles of international law? Is sovereignty a rule or rather a set of rules of an inteational society and therefore extrinsic to states? In short, are sovereign states selfstanding realies and rugged individuaists or are they constitu ents of an inteationa community and responsible citzens or, again, are they somehow both at the same time The polical enties we have come to know as states appeared frst in Weste Europe The origina foundaons were the regions geo graphical and demographic configuration as popuation isands in an ocean of forest and heath States were the scaffolding erected on these isands by ambitious rulers facing strenuous inteational compe tition The statessystem is at the root of the European mirace in which that continent and particuarly its northweste extremity his torically outdistanced the rest of the word not ony in science and technoogy but also in political economy and statecraft The states system was an insurance against economic and technological stag naon . . . A large part of the systems dynamic was an arms race Of course, European states were rarely the efficient machines ruers wanted or the equitable institutions philosophers desired On the contrary, they were frequently ramshacke and arbitrary But they were aso increasingly less disorganized and ilusory than political systems elsewhere The proof was the eventua hegemony of Europe over the rest of the world Sovereign states first came into view when medieval Christendom fractured under the combined impact of the Renaissance and the Reformation. Anarchy was exploited by the new prince who in the
SOVE REIGNTY: FACT OR NORM?
words of Mati Wiht suppressed the feudal baros ad halleed the Pope a arrower ad at the same time a stroer uit of loyalty tha medieval Christedom. 2 New kis ad ew kidoms marhed forward toether, the latter as hadiwork of the former By the seve teeth etury whe mode iteatioal law was first theorized by Grotius the emeri territoial state was a reature of persoal rule ad the three hudred-odd idepedet sovereities i Germay aloe were tstimoy to iitial patrimoial oeptio of the state 3 his urivalled study of the Italia Reaissae Burkhardt summed up the politial hae as follows: a ew fat appears i history the State as the outome of refletio ad alulatio 4 For Burkhardt the ew talia pries were essetially illeitimate but power always seek justifiatio of some kid . The leadi priiple of leitimay i the ew iteatioal order udoubtedly was Rx st mprator n rgno suo the Ki is Emperor withi his ow realm. Uder this laim idepe dee
d facto
was ultimately traslated ito a sovereity
d ju r 5
Sovereity is therefore iheret i suessful state-buildi The reality of soverei states was refleted i Europea politial thouht. The writis of Mahiavelli, Bodi, ad Hobbes dislose learly a world of positive sovereity
h Prnc (1513) aptures the
seular, morally ueumbered, ad foreful harater of statesme i its leadi oepts of anmo ambzon apptto nggno prudnza fortuna ad vrt whih Mahiavelli believed were eessary for politi al suess ad survival i a daerous wold. Sx Books of th Common walth (1576) disloses the leadi harateristi of the ew state as a soverei ovemet whih a seure itself aaist exteal eem ies or iteal disorders 6
Lvathan (1651)
postulates the otratual
establishmet of suh a overmet as the sole esape from a farful domesti state of ature but also as the eessary oditio of a bellieret iteratioal state of ature: i all times, kis, ad persos of soverei authority, beause of thei idepedey, are i . . a posture of war 7 For these writers the state is a idepedet .
reality i the world ad for the last two it is the oly foudatio of order ad seurity The starti poit of iteatioal relatios udoubtedly is empirial statehood The earliest moder states suh as Frae ad Elad or rather Frais I ad Hery VIII were palpable polial realities iterally ad i their eihbourhoods. Oe ould try to iore them or preted they did ot exist ut oe ould ot ratioally ad probably would ot prudetly dey their existee The reality osisted i a populated territory uder a ruler who laimed the territory as his realm ad the populatio as his subjets ad was able to efore the laim 5
S O V E R E I G N T Y R E G I M E S I N H I S T O R
He possessed a govement apparatus that could project royal power and prerogative both inteally and externally. However rudimentary that apparatus might be it was sufficiently credible to sustain the ruler both domestically and internatonally and, if it was not, he and also possibly his realm might be replaced by another. Since European states were in close geographical proximity and since the devices and tech niques of empirical statehood were means of success and surival they were quickly adopted by rulers throughout Europe. Proximity and power meant there was always a strong ossibility of war: the classical problem of a states-system. Deterrence, alliance, and the balance of power are responses to it. But competion was also a spur to state building and one of the main reasons for the eventual global hegemony of Europe. The starng point of internatonal law is the same the realiy of multiple sovereign powers each possessed of pride and capable of doing or suffering harm. Oassical inteational law is the analogue of common moral and legal rules a soctas or civil sociey. n an empiri cal vew morality arises out of the facts of human existence. And the facts are that humans are endowed with brains and limbs, have de sires can move about in the pursuit of their desires and in the course of doing so can collide. This human reality lays the groundwork of common morality and law which seeks to reulate the uses of power and to reduce collisions and therefore harm. Classical inteatonal legitmacy and law operate the same way. ne original element was acknowledgement of not only the reality but also the dignity of sover eigns according to Samuel Pufendorf 'just as a king owes his sover eignty and majesy to no one outside his realm so he need not obtain the consent and aproval of other kings or states before he may carry himself like a king and be regarded as such. 8 t is a small step to consider the legitmate bearer of rghts and dues which belong properly to all who are kings . The balance of power and classical internaonal law evolved in conjuncon. From the seventeenth cen tury to the twentieth statesmen have developed international law, not to prevent ar but to regulate the conduct of states in war and in peace . Inteatonal law resuoses empircl statehood whether it is conceived as natural law or as positve law. The law of nature is the law of things or facts as revealed by mans reason without the assistance of revelation. Pufendorf insists that states, as Hinsley uts it, 'must do as they would be done by: the golden rule of reciprocity. 9 Grotius derves positive internatonal law from the freedom, will, and agency of states men. States and only states in vrtue of controlling large populated 52
S O V E RE I G N T Y F A C T O R N O R M ?
erriories ad beig orgaized realiies i he viciiy of oher saes are i a posiio o paricipae i he makig of ieaioal law by sigig reaies, sedig ad receivig ambassadors, aedig ier aioal cofereces ad givig heir cose i various oher cove ioal ways. The followig saeme by Georg Schwarzeberger ad E D Brow is ypical of empirical saehood i ieraoal law Before reognsng an entty as an ndependent State the exstng sujets of nteatonal law usually requre a mnmum of three ondtons to fulflled. he State n quest of reognon must have a stale govement whh does not reognse any outsde superor authorty t must rule supreme wthn a terrtory wth more or less settled frontrs and t must exerse ontrol over a ertan numer of people hese features have ome to e taken as the essental hara tersts of ndependent States
Ad . L Brierly remarks 'Wheher or o a ew sae has acually begu o exis is a pure quesio of fac Classical ieraioal law is herefore he child ad o he pare of saes The coveioal aswer o he quesios posed a he begiig is ha sovereig saes have a double dual dimesio hey face iwar ad ouward, ad hey have a emprical ad a ormaive aspec Sovereig saes declare ormaive supremacy over all domesic auh oriies ad moral ad legal equaliy o all oher saes uridical sae hood. Uder ordiary circumsaces shor of maor warfare hey also disclose he abiliy o eforce boh claims The defiiive saeme of
drmina no i a habi of obediece o a like superior, receive habiual obediece from he bulk of a give sociey, ha deermiae
posiive sovereigy remais ha of Joh Ausi 'If a huma superior,
superior is sovereig i ha sociey ad he sociey (icludig he superior) is a sociey polical ad idepede. 12 f course here has always bee ad ideed here mus i he aure of poliical higs always a gap bewee he absolue auhoriy ad he relaive power of saes like all oher huma orgaizaios saes are codiioal o leadership, cooperaio, kowledge, resources, forue, ad much else Absolue power is a impossibiy. I maor ciies of he greaes power o earh oday, icludig he capial, here is some disrics a igh a sae of aure raher ha a sae. I law saes are oly dmd o be subsaial ad capable This has bee a reasoable workig assumpio hisorically, however 'A idepede poliical commuiy which merely claims a righ o sover eigy (or is udged by ohers o have such a righ), bu cao asser his rgh i pracice, is o a sae properly socaled 3 Uder he forgivig codios of he coemporary collaboraive saessysem, 53
S OVEREGTY R E G M E S H STORY
however it is sovereign nevertheless In a leading study of inter national law published in 19 the following statement is made The inteational legal order does not provide foundation for the State; it presupposes the States existence Recognizing the appearance on a teitoy of a political entity showing the characteristics generally at tibuted to the State it merely invests it with personaliy in the law of naons 14 However the inteational legal order centred on the UN is attempting to provide precisely such a foundaon for many Third World states Contemporary international legitimacy and law are not only the parents but also the continuing benefactors of such states If thei existence were a matter exclusively of power or the balance of power rather than bithight many might not have been born TH D U A AST O F TH STATS - SST
According t o Matin Wight the dual aspect o f the states system was conceived originally tentatively by Grotius There is an outer circle that embraces all mankind under naural law and an inner circle the corpus Chrsanorum bound by the law of Christ 1 Dualism i different forms has persisted in inteational relations ever since It is a big subect of course and there exists as yet no compre hensive account of which I am aware. 16 However it is possible to review the history of inteational dualism to gain some background perspective on the dualism which exists today and the place of nega ve sovereignty in it Three stages are disceible The frst was an inner circle of positive internaonal law among ChrisanEuropean nations and an outer or universal circle of naural law governing the conduct of mankind Relations between the two spheres (which in pracce were Europe and the rest of the world) were nevertheless pragmatic politically un certain morally and untidy legally They were conducted on a basis of rough equality notwithstanding the historically accelerating inequality of power in favour of Europe and they expressed a fair measure of toleration There was not yet anything resembling a global inter national regime under common rules Before the nineteenth cenury little emphasis was placed by Europeans on the legal criteria of state hood in their encounter with nonEuropeans The two spheres were simply different and the main problem facing European states was still that of regulating their own relationships NoEuropean ulers were not under challenge and dealt with Europeans the same as other foreigners It was not yet an ordering of global relations in terms of the power and beliefs of Europe The projection of European state power far beyond the confines of
THE DL SPECT
OF
THE STTE SSYSTEM
Europ and vn mor o h incraingly uccul rriorializaion o ha powr in ohr coninn vnually brough orh uch an ordr in h ninnh cnury. ccupaion had o b uiid o ohr Europan powr and conqunly i invokd inrnaional law and paricularly h rul o t
nullus conqu and cion
A nw orm
o inaional dualim appard which wa conncd wih Euro pan colonial xpanion in Aia and Arica: rough qualiy and di vriy wa rplacd by prci hirarchy and uniormiy in h rlaion bwn Europan and non-Europan counri, wih h ormr in a poiion o uprioriy (Th am dualim xid in orh and Souh Amrica and Ruian Aia, bu i wa inrnal rahr han xrnal colonialim and conqunly wa nvr ubjcd o vnual dcolonizaion. Th drminaion o ovrigny hroughou h world now dmandd ha crain criria b aid which drivd rom a Wrn and pciically libral concp o a capabl and coni uional a or h ir im h nir glob wa organizd in rm o Europan poiiv inrnaional law hr wa a ingl rgim o world poliic in which colonialim wa an ingral iniuion . Dual im now conid o a uprior innr circl o ovrign a and an inrior our circl o hir dpndnci in Aia Arica and cania. Th innr circl wa compod almo nirly o Europan counri and hir opring in h Amrica apar rom noworhy xcp ion, uch a Turky and apan. By 19 h numbr o ovrign a wa a i low and h xn o hir rriorial conrol wa a i gra, ncloing h nir glob Th la ag o inrnaional dualim wa ir inimad by Wilonian libralim and pciically h Lagu o aion bli in h viru o mall a and h uridical qualiy o all a Th Lagu did no abandon mpirical ahood howvr a indicad by h manda ym Tha wa h rul o dcoloniaion ar h cond world war and paricularly 196 which grand mmbrhip in h communiy o a and pciically h U o all dpndnci which dird i rgardl o any ohr conidraion and according o h principl o l-drminaion . Thi inrnaional chang wa nially normaiv and baically naild abolihing inrnaional lgal diabilii prviouly impod on non-Wrn pol A NATURAL LAW REGIME?
Th hirarchical a-ym bad on Europan hgmony which rachd i znih during h hyday o colonialim in h la ninnh and arly wnih cnuri wa h culminaion o W rn commrcial miliary and poliical xpanion o h our cornr o 55
O E RE I G N R E G I E I N H I O R
the globe ove seveal pevious centuies Dung most o this peod elations between uopean and nonuopean states wee casual and intemittent and chaacteied b eualit and didence moe than hegemon and aogance Most o the contacts wee made b pvate uopean tades who ma o ma not have been epesentatives o states. Beoe the nineteenth centu the powe advantage was not consistently with the intudes he Ameicas wee a majo eception whee uopeans established thei dominion at an eal stage . he inital division o the hemisphee between Spain and Potugal was based on a iteenthcentu Papal Bull: a emnant o the medieval concept o an impium mundi he Spaniads and the Potuguese at fist and the ench, nglish, and Ameicans late destoyed indigenous civiliatons, which wee weak, and maginalied thei populations, whose numbes wee paticulal small in oth Ameica. he also impoted millions o slaves om Aica to develop plantation agicultue in thei vast new teitoies he Spanish and Potuguese in the new wold might ind it epedient to make ageements with savage tibes, but did not egad them as moal euals with a legitimate ight to teitoy 8 Some natual lawes such as Vitoia deended thei status unde the law o natue Howeve, uopean hegemon was thooughl imposed thoughout the egion in the name o Chistian eligion o commecial civiliation n shot, the Ameicas wee an object o uopean conuest and an etension o uopean soveeignt. hen uopean juisdiction ended in the eighteenth and nineteenth centuies soveeignt did not evet to the native peoples but was inheited by settles o thei descendants. n Asia whee ancient civiliations and signiicant indigenous powes eisted elationships wee ve dieent. Hee the uopean competition om the siteenth to the eighteenth centuies was o oveseas tade and not teitoies. his euied pemission om local ules who contolled the entepts uopean tading companies subjected themselves to these ules to secue access to pied com modities. ading contacts settled into pactices which wee useul to both paties. atson sas that in dealing with nonuopean civili ations at this time, uopean tades and epesentatives took account o the paticula stipulations laid down b individual Asian ules as well as uopean ules and pecepts . hese intenational elation ships eventuall etended om esten uope and paticulal Hol land and ngland to the geate pat o maitime Asia including the ndian Ocean ittoal Among the Asian states involved at one time o anothe wee the Maatha State the Mogul mpie, the Kingdoms o 56
NTUL LW EG M E
Cylon n Burm h Inonn S n Mgcr Pr n Sm lo 'wr lnk wh numbr of Euron Powr by ry n lomc rlon n h vnnh n ghnh cn ur 0 Th Duch conrbu mor o h xnon of nonl ocy hn ny ohr Wrn rng fr lrgly lcng h Porugu hy wr ly nvolv wh n rulr n mlmn for vrl cnur n crr hr nrnonl ou look o long wh goo for r If olln rory rv gncnly from ovr r hr lbry w ow no only o h blnc of owr n Euro bu lo o nrnonl lw. I rh no ccn h h r gr hor of nrnonl ocy w Duch: ugo Grou. rmry m n
De Jure Belli ac Paci Libri re (62)
w o blh rul of wr n
c h wr mmun o hologcl n olcl conrovry n n only on h fculy of ron lk mhmc n coul hrfor cur ccnc from ll mn Nurl lw w h only crn ounon for uch rul: w h voc of humn ron n woul x vn f Go no
Deum)2
(eiami aremu
non
ee
Inrnonl lgl hough bulng on Grou ru
o Fmly of Non h w no lm o h Euron connn bcu w b on humn fculy common o ll mnkn NonWrn hrfor o ovrgny Th nurl lw of non ccorng o Chrl lxnrowc ou l rncl no only of u wr bu lo unvrly noncrm non on groun of rlgon cvlon or rc n rohbon of gnoc lv r n rcy Whhr or no omhng rmblng Grou lw of non w obrv rounly n rlon bwn Euron mrchn n non Euron rulr ll b n hrfor on o uon 3 V gogrhcl n culurl nc log ulmly n h mn of mn r Euro n ohr rgon of h worl Commrcl rlonh wr conuc lowly n nuouly vry gr nc n n g of l Evn o k of globl conomy n much l fmly of rng non uonbl Lnk cro h ocn wr bul u ovr hr cnur bu o rfr o h nrnonl commrc of h mrcnl g "wor conomy o mly conmorry conc whch h rlvnc only for our m Throughou h rnurl r conncon bwn conom (vn whn rmn wk nuou n lbl o nrru on Th convnon of fr g n f omcl uon whch long nc commrc n r much on nrumnl n ronl conron on morl unrnng n olcl 57
S O E RE G N R E G E S N H S O R
agreements. For isoated raders in search of vauabe goods far away from home i was prudent to respect oca customs and curry favour with those in authority. This can be read wihou cynicism as the usua expediency that woud be expected by visitors to paces where fortunes coud be made but ones own state coud no enforce contracts Euro pean powers were not yet abe to dispatch fast gunboats to cow uncooperative oca ruers. The aw of nature may have been practised but whether it was internationa aw is open to reasonabe doubt. The word before the industria age was far more oosey connected than it woud ater be It was aso marked by exreme diversity not ony of societies and cutures as is sti the case today but aso of fundamentay different human cosmoogies There was no overarch ing system of rues which coud be even recognized et aone observed by Confucianiss, Buddhiss, Hindus, Mosems, and Chrstans The gobe was home to varous sefcentred and mutua incomprehend ing civiizations which were as yet ony in he most superficia contac: isands in an ocean of nonjurisdiction Grotius' descripton of the sea as so great as not to have any deinite imis and herefore subect to no poitica wi conveys he idea. 25 The seas and aso the enormous Asian and African and masses divided the word into separate orbits: a civiizations-sstem rather than a states-system consistng of great empires or suzerain-state sstems such as the Chinese or the Mogus or the Otomans, sef-isoating feuda sysems such as Japan, scattered trba cutures in sub-Saharan Africa, opica South America norh wesern Norh Amerca and pars of Oceania, European coonists in the Americas, Souh Afrca, and, a the end of the perod, Ausraia, and of course European sovereign staes gradua projectng their power and rivaries at increasing distances from home European or rather Christian ruers never deat with non-Chrisian ruers the way hey dea with each other: as equa members of a singe dipomatic repubic which consisted of independent states resembing each other in their manners, reigion and degree of socia improve ment . 2 There were obvious famiy resembances in reigion, govern ment, phiosophy, science, architecture, iteraure, art, and much ese among European states Burke sti spoke of Europe in the ate eight eenth century as virtuay one great state having the same basis of genera aw, with some diversiy of provincia customs and oca estab ishments and remarked tha no cizen of Europe coud be aogether an exie in any part of i where the traveer 'never fe himsef quie abroad Lite if an of this commonweath extended beyond Europe except in paces where subsant setemens of Europeans existed, as in the Americas. Even he Turks who were haf-European athough not 58
A NAUAL AW EGIE
Chrsan and for cenures occuped large pars of souhease Europe dsclosed few famly resemblances . n Consannople he European raveller was no longer no abroad. There was sll no coher en heory of recognon whch could defne nsders and ousders beyond he obvous recognon ha European saes naurally and cusomarly gave o each oher and laer o he rebellous offsprng n he Amercas Ther commonwealh could no be dsngushed from her common culure. f here was a famly of naons ha exended beyond Europe lacked he cusoms and convenons by whch European saes recog nzed famly members and seems scarcely dsngshable from ordnary prudence and common couesy And f such a famly of naons exsed hen was because Europeans abroad ye had lle choce n he maer. When hey dd acure such a choce n he nneeenh cenury whch derved from unprecedened echnologcal and ndusral developmens n Europe hey dd no subscbe o naural law enes bu nssed on more demandng posve sandards whch hey alone could easly recognze and subscrbe o. And when hs began o happen European radng companes abandoned df dence owards local ulers and saed o ac and look lke saes T H E C L A S S I C A L PO S I T I V E S O V E R E I G N T Y R E G I M E
By he nneeenh cenry he leadng European powers were deeply nvolved n erroal expanson n Asa he ussan land empre exended o he Pacfc cean and he Duch as ndes and Brsh nda were soldly esablshed Amercans and laer Canadans were smlarly nvolved n Norh Ameca Tradonal polcal sysems could no compee wh nrudng saes whch could now proec her power no evey ocean and connen Those ha sur vved were dffcul o penerae such as Afghansan and Persa whch became buffer saes beween he ussan and Brsh Empres or hey were powers n her own rgh lke apan ar less copeve were he lghly organzed prelerae and n any cases sall-scale bal socees of opcal Afca and ceana whch hsocally were proeced fo nuders ore by forbddng geogaphy and clae han by ndgenous power. uropean expanson n Afrca was con fned largely o he coasal frnge unl lae n he cenuy nce naural barers could be overcoe by echnology however, erroal aggran dzemen becae possble and he enre connen wh he excep on of Ehopa and more euvocally bea rapdly cae under European colonal ursdcon. canno go no he numerous and vaed hsocal causes of Euro 59
S V GNTY G S N H SY
pan xpanson whch ar a subct of contnung controvrs What s bond dsput, howvr, s th tmng of xpanson whch concdd wth th dvlopmnt of th tchnologcal and ndustral mans (and th novl das bhnd thm) that nall gav Europan stats a dcsv advantag ovr most nonEuropan socts f arlr ras of Europan xpanson wr basd on th armd salng shp and th dscpln of profssonal soldrs, nntnthcntu mpralsm was owng to stam transport both on watr and on land, rapd frng wapons, hgh xplosvs, and nw mdcal knowldg Modrn tchnolog and ndustr also gav som Europan stats a markd compttv advantag ovr othrs as ndcatd b th as wth whch th Untd Stats achvd vctor n th SpanshAmrcan war (1898) Morovr, th nw mans of stat powr wr not magcall rstrctd to Wstrn cvlaton Japan dmonstratd ths n th d fat of Russa n 1905 whch conrmd not onl ual mmbrshp n ntrnatonal soct but also mrgnt grat powr status. Th supror powr whch Europan ntruson dmonstratd could not b xrcsd wthout som ustcaton, howvr n a lgall artculatd ntrnatonal soct t s not suffcnt that powr alon occup trrtoral spacs lgtmac s ncssar also Most of th ladng stats of Wstrn Europ had bn justfng poltcal powr for cnturs. Dspotsm was a trm of abus for Montsuu and Burk and somthng hostl to Wstrn Europan cvlaton although far from absnt Consttutonalsm was a crtron b whch man nntnthcntur Europans judgd govrnmnts both nsd Europ and outsd t was an ntrnatonal as wll as a domstc standard Prhaps th clarst xprsson of ntrnatonal const tutonalsm was th rcurrnt congrsss and confrncs of powrs hld throughout th nntnth cntur and nto th twntth whch nactd gnral trats on mportant ustons of mutual concrn Th Europan noton of th stat and of ntrnatonal lgtmac currnt throughout most of th cntur thrfor prsupposd not onl capabl but also cvl govrnmnt t was b ths tm no longr mportant whthr a ount was a monarch or a rpublc as long as t was rlab and rsponsbl Capablt was frst n mportanc b caus th balanc of powr dpndd on t Cvlt was not far bhnd, howvr, bcaus ntrnatonal rlatons rurd forbaranc and rcproct n th xrcs of powr. t was takn for grantd that Europan stats and also th Untd Stats dsclosd ths charactr stcs Ths postv sovrgnt outlook was consstnt wth th thor of progrss whch capturd th nntnthcntu Europan mnd t was compatbl wth a moralt of patalsm whch not onl John 60
THE CLASSICAL OSITIVE SOVEREIGNT REGIME
Stuat Mll but any nntntcntuy Euans blv sul gu avanc cvlzatns n t alngs wt backwa s cts t tk f gant t cvlzatn f Euan stats t ffsng n t cntnnts n st stv svgnty ctn xss a sutn f suty bas nt sly n t ncnts but als n nstat acvnts f Euans n scnc tcnlgy wafa gvnnt, ltcal cny ac tctu ltatu an t st s sutn was nt yt lx as t lat wul b by cntay als f ntnatnal lgtacy s utlk f Euans at t stcal nt f t gatst w an ubs was falz n stv ntnatnal law wc cgnz cal cta f svgn stat a lt t ty a stabl ulatn an st tantly a labl gvnnt wt t wll an caacty t cay ut ntnatnal blgatns t was wly blv tat nnstn scts nt t suc cta E all an Engls lgal stvst vn cla tat n ntnatnal law cannt b sus t b unst cgnz by cunts ffntly cvlz s s t ctn f cnsttutv cgntn wc as Bull cnts s wly vw as avng bn sly an nstunt f Euan nanc ccng t lx anwcz n suc cnsttutv ty f cgntn xst n t stvst wl guably t nt xst bcaus t cul nt b nfc By t nntnt cntuy wv Eu a t w an t wll t s ts ntnatnal syst n t st f t wl Evn gly cbl nnstn stats wc w nv clnz suc as Jaan nw a t asst t stat n stvst ts sult was t fst unvsal ntnatnal scty bas n a slctv bs ncl wc scnat btwn a su class f svgn stats an an nf class f vaus n ncs lcatn f t ncl sult n t ncatn f s ltcal systs nt t xclusv club f nnnt stats by cnsttutv cgntn an t subnatn f t st wtn a nnt fawk f clnals ntal xansn f ntnatnal scty byn Eu an t Unt Stats was acv t by culsn nvtatn f was vnt n t nfc cutnt f uky Cna an Jaan wc stcally at accng t t wn uls f suty an nclsu nt Euan ntnatnal law wc was bas n ccty s stats w fc t b f latt was vnt n t ncatn f t atn can stats t nnnt stats f t Bts E an t nw stats f Eastn
SOVRGNTY RG S N H STORY
Euope all o f which peviously had been unde the juisdiction of Euopean soveeigns These states meely split off fom Euopean empies and still etained the essential chaacteistics of Euopean states. Recognition of the fome states consequently equied moe explicit standads of empiical statehood than the latte which wee pesumed ightly o wongly to be capable and esponsible, wheeas the non-Euopean states had to demonstate it. Some Latin Ameican and East Euopean states might vey well have failed the test had it been applied to them. Thee was if not a double standad at least a divegent one. The legal tools fo binging about the obsevation of Weste noms by non-Euopean states wee capitulation teaties of vaious kinds which Weste powes wee now in a position to enfoce. Inceased movements of Euopeans aound the wold in the nineteenth centuy bought demands fo guaantees of pesonal libety and feedom of commece wheeve they went Euopean govenments wee inclined to povide such guaantees. This led to impositions of extateitoial ity which gave Euopeans exemption fom the juisdiction of non Euopean govenments. Rules in India o in China had taditionally exempted settlements of foeign mechants fom local juisdiction as a matte of coutesy Nineteenth-centuy positive inteational law tuned this into an unequal teaty' obligation The esot to extatei toiality was now consideed evidence of infeio civilization. The next step, as Alexandowicz puts it, was to ague that non-civilized nations had to be admitted into the amily of Nations by the civilized nations which constituted its supeio inne club. Some wee admitted and some wee not' Tukey was involved in elations with Euope fo centuies but as the leading epesentative of Islamic civilization the Sublime Pote histoically had efused to obsee Euopean inteational law and was suficiently poweful not to be made to do so. Indeed, Euopeans seeking elationships with the Ottoman Empie wee equied to defe to its ules which wee inspied by Islamic tadition Although still a powe to eckon with, by the nineteenth centuy the empie was in decline. Leading Euopean states wee now in a position to enfoce compliance with thei intenational usages by means of capitulations and they had a stong diplomatic and economic inteest to do so. In accepting eluctantly ove the peiod of a centuy such pinciples as equal soveeignty, ecipocity, and feedom of commece and in inally being fomally inducted into Euopean intenational society by teaty in 84 and 856 Tukey epudiated its Islamic taditions in extenal elations and theeby contibuted to the univesalization of the states6
T H E C A S S C A P O S T V E S O VE RE GNT R E G E
sstem. n Atcle V o the Teat o Pas (856) the snato states solemnl declae the Sublme Pote admtted to patcpate n the advantaes o the Publc Law and Sstem o Euope' . Chna was the cente o anothe poltcal cosmolo to whch Euo pean 'babaans' and othes pevousl had to kowtow. When Ch nese powe n East Asa was ovetuned the nneteenth centu b these same babaans the mddle kndom was tsel oced to submt to a ve deent Euopean cosmolo and was aduall ncopo ated nto ntenatonal socet althouh unde tems whch wee coo dnated to a eate extent amon encoachn powes. Westen mpostons amed at secun esdent dplomatc epesentaton at Pekn and openn the vast Chnese maket to exteal commece. The pncpal means aan wee unequal teates' and smla captu latons whch, amon othe thns, enoced the Euopean standad o cvlzaton' o the benet o tades, mssonaes, and othe oen esdents and tavelles n Chna. mpotant pats o Chnese us dcton ell unde Westen decton om the md nneteenth centu: teat pots and patculal the ntenatonal communt at Shanha, extatetoal couts o oen esdents, combned mlta nte venton and ve patols b oen naves, and coodnated dplo matc nteeence n the Chnese mpeal ovenment. Althouh neve omall colonzed b the West, Chna was aduall obled ove an extended peod to abandon ts hstocal selmae as the 'Mddle Kndom' and conom to Westen dplomatc noms. The last captulatons wee not temnated omall untl 94 when Chna's suppot was equed b the alles n the wa aanst Japan. Chna nall emeed as a eat powe n 945 when t acqued pemanent membeshp on the UN Secut Councl. Althouh ntall subected to enoced openn to oen shps and commece b the Unted States, Japan enteed ntenatonal so cet b successull mtatn Westen states n ovenment, law, ndust, technolo and, ndeed, even n at, dess, achtectue, and whateve was consdeed necessa to etan ndependence. Japan was n man was alead on a pa wth Euopean powes n economc development, centalzed selovenment, mlta cedblt, and lteac and was theeoe n a poston to sats Westen standads. She not onl accepted ntenatonal law and dplomac and adopted Westenstle palamenta ovenment but also acheved mlta success n was aanst Chna (8945) and as ndcated, Russa (95) Japan also patcpated n the captulatons mposed on Chna. B the tun o the twenteth centu she had alead emeed as he leadn soveen powe o Asa.
SOVEREIGNTY REGIMES IN H ISTORY
Solcted ncorporaton nvolved new ursdctons suc as te re publcs of Latn Amerca te gradually emergng Brts domnons anada Australa New Zealand Sout Afrca and more ambgu ously Ireland) and te mostly small states of entral and Eastern Europe e Unted States falls nto te same category altoug t ad been a perperal partcpant n European dplomacy snce te late egteent century and by te end of te nneteent was a reluctant great power Except for te domnons all tese states entered nter natonal socety followng te collapse or defeat of European empres as a result of maor war Vrtually all were eter European states or te offsprng of Europe and enoyed prvleged membersp as a conse quence of ts knsp some would say racal prncple. e emergence of te atn Amercan states derved from te be eadng of te Spans and Portuguese empres by Napoleon's armes durng te Pennsular War 8074) ollowng successful rebellons aganst Spans colonal rule or ndependence under te Portuguese crown n te case of Bral te frst steps towards ncorporaton nto te states-system were ntated by Amercan and Brts dplomatc recognton n te early decades of te nneteent century e atn Amercan states were plagued by postcolonal wars and began to use European ntrnatonal law to order ter own relatonsps wen stll poltcally solated from te European system ey also became n volved wt te global captalst economy before tey entered overseas nternatonal socety After 870 te regon experenced unpre cedented expanson n ts socoeconomc relatons wt Europe by means of trade foregn nvestment and mmgraton te latter gong manly to Argentna Bral Uruguay and le Altoug con sdered to possess full nternatonal legal personalty te Latn Amer can states dd not begn to partcpate n te European dplomatc system untl te turn of te twentet century wen tey were nvted to te rst Hague Peace onference n 899 Mexco was te only atn Amercan state n attendance However at te second n 907 all te Sout Amercan countres were represented e Hague conferences are usually consdered to mark te formal extenson of te club of soveregn states beyond Europe and te Unted States Unlke te Spansspeakng republcs of atn Amerca and also of course te Unted States te Brts domnons acqured soveregn stateood n accordance wt evolvng colonal practce ese states possessed domestc self-government for some tme before assertng a rgt to partcpate n nternatonal socety as equal soveregn states wc was not acknowledged by Brtan untl te mperal onference of 9 anada and Australa consdered ter substantal contr
T E C ASSCA POSTVE SOVEREGNTY REGME
buons o he aed cory n he rs word war as ad grounds or her cams. Canadan goemens poned o he ae o Vmy Rdge and Ausraans o Gapo Souh Arca aso earned mary honour on he baeeds o he rs word war The domnons nernaona credy was reeced y he Treay o Versaes whch hey sgned as Brsh bu aso as ndependen saes becomng members n her own rgh o he eague o Naons. In 196 hey acqured ndependen saus whch was ormay acknowedged n he (Brsh) Saue o Wesmnser (1931) and judcousy no ndeed brany descrbed n he Baour Repor as 'auonomous Commun es whn he Brsh Empre, equa n saus, n no way subordnae one o anoher n any aspec o her domesc or exerna aars, hough uned y a common aegance o he Crown, and reey assocaed as members o he Brsh Comonweah o Naons These counres were orerunners o he Brsh pracce o eouon ary decoonzaon 39 Ahough mode Greece emerged n 1830 rom he rs major rerea o he Ooman Empre n he Bakan Pennsua, a o he remanng new saes o cenra and easern Europe ganed ndepen dence beween he 1870s and 190. Durng hs perod he Ooman errores n he Bakans began o spner and nay ha empre aong wh he Habsburg, Hohenzoern, and Romano dynases n cenra and easern Europe shaered as a consequence o he rs word war. The poca map o Europe was undamenay redrawn as a resu Romana, Bugara, and Aana emerged beore he war (as dd Serba and Monenegro whch were aer ncorporaed no Yugos aa); Poand reappeared n 1916 The reanng errores were par ceed ou among seen addona saes n he mmedae poswar perod. Some o hese saes had ndependen ancesors and coud perhaps be seen as reerng o soeregny, bu mos coud no. Consequeny hs regon became preemneny one o new saes een s naona es had ancen hsores as oppressed mnores. Hungary had an mmedae preous exsence as he AusroHungaran Empre and earer ndependen exsences Poand was newy resurreced aer hang been drawn, quarered, and ured n he ae egheenh cenury Three saes coud cam enuous knshp wh a soeregn o quassoeregn ancesor Czechosoakas reaon o he Kngdom o Bohema, and Fnand and huanas connecon wh earer Grand Duches o he same names Esona, aa, Yugosaa, Bugara, Romana, and Abana, howeer, were noe ormaons. And ahough a major goa o he Pars Peace Conerence was o creae 5
S O V E R E I G N R E G I M E S I N H I S O R
natinstates by lebisites and where neessary the resettlement f ulatins many f these new states still ntained signiiant min rities The mst extreme ase was Yugslavia whih enasulated reently indeendent Serbia 1878) and Mntenegr (1878) as well as several distntve natinalities Crats Slvenes Albanians Mae dnians and religins Orthdx Cathli Mslem Jewish These states nsequently harbur tentially and smetimes atively divisive minrity grus ssessed by strng and frequently intransigent natinalist sentiments The new nsttutinal frame wrks rmted by the League ften uld nt ammdate these divisins. The natinalities wanted t live aart and were nt artu larly devted t mastering the litial arts f living tgether. Later when these states fell int the Sviet rbit mmunist arties nly sueeded in aering ver the natinality rblem t is n surrise therefre that the term balkanized has beme synnymus with reurrent instability rted in ethniity. Peter Lyn asks: What did being a new state mean in eastern Eure in 1919? and answers Fr the mst art it meant being a benefiiary f the Versailes settle ment Here is a freshadwing f what was later t beme the fast trak t svereign statehd: self-determinatin by right Elements f the sitve svereignty game were nevertheless evi dent in entral and easte Eure. Rights f selfdeterminatin bvi usly did nt revent Sviet imerialist absrtn f Latvia Lithuania and Estnia in 190 ne f the last instanes either inside Eure r utside f ered territral aquisitn by a Eurean wer whih was still erating arding t nineteenthentury nrms. Finland retained its indeendene the hard way by ging t war with the Russians and making Finlandizatn indeendene as a buffer state an easier hie fr Msw than military nquest The ther states (exluding Yugslavia) were sufiiently signifiant t be art f the Warsaw Pat and thereby invlved at the entre f the EastWest nflit Sviet imerialism bviusly di nt nede m lete indeendene t its East Eurean vassals but neither did it absrb them nstitutinally nr uld it withut undermining its hesiveness as a wer And in remaining alf Yugslavia did nt evidently lae its indeendene at risk Even if Eastern Eure fr mst f the time sine the send wrld war and befre the Grbahev era f glasnost and prstroka is mst atly neived as a suzerain-state system the fat remains that the nnsuzerain arts f the system figured in the balane f wer between East and West Yet in nsidering membershi by invitatn in the lub f sver eign states ne annt fail t nte anmalies. At the tu f the -
TH C A S S I C A L POSITI S ORIGNT RGI
twentieth century a few quasistates were in existence which bore virtually no resemblance to the historic states of Weste urope and some were receiving invtations to attend inteatonal conferences Haiti had long existed as an independent although neglected land which nobody evidently desired to recolonize Liberia and thiopia were beginning to appear on the political map of Africa alongside recently established uropean colonies and protectorates Persia and Siam were present at the frst Hague Conference When Liberia ac ceded to the Act of the Brussels Conference (890) and more signii cantly to the Hague Declarations and Convention of 907 additional irregularities were created In short, precedents were being set that were at variance with current rules and practices of positive sover eignty And in the world of law precedent is important In 90 an eminent British legal theorist argued that the architects of international law consisted of all uropean states and their offspring plus Japan The Christian African states of thipia and Liberia were also international legal persons as was the Congo Free State since its sovereign was the King of Belgium A number of states including Turkey, Morocco, Muscat, Siam, Persia, and China were partial but not full members of international society4 As for the rest of the worlds political systems, their status was that of colonial subects of one kind or another The second path in the globalization of positive sovereignty conse quently involved the acquisition of urisdiction and control by certain uropean powers over extensive populated territories in Asia, Africa, and Oceania which owing to their backwardness were considered unqualifed for recognition as sovereign states The episode was a ind of international enclosure movement. Colonialism resurrected a dynastic practice killed by the rise of nationalism in urope whereby sovereigns acquired and held various noncontingent lands as parts of their states or empires The most obvious new example was the Congo Free State which literally was the personal property of Kng Leopold before its cession to Belgium in 908 4 The clearest and most significant instance of this path was undoubtedly the partition of Africa in the last decades of the nineteenth century And it is this case I examine The political character of Africa at that time gave little indication of either states or a statessystem as deined by the positive sovereignty crteria of the day Africa was a continental archipelago of loosely deined political systems: a world of societies rather than states and far more recognizable to anthropology than to international relations The uropeanstyle territorial state with its legal order, institutionalized government, and defined boundaries was largely unknown ven 6
S O V E E I G N E G E S N H S O
African states in the looser anthroological deinition exercised un certain control the authority and ower of the central govement faded away more and more the further one went from the centre toward the boundary Thus boundaries between the states were vague, sometimes overlang. Many African societies lacked cen tralized authority structures and consisted essentially of segmentary lineage systems. Some societies were so small as to be coterminous with kinshi relations 45 Government based on written laws and im ersonal administration was virtually unknown throughout most of the continent. Traditional African states had noteworthy features of transitory and ersonal rule. Even the Islamic states which historically aeared and disaeared in the region between the Sahara Desert and the equatorial forests are described as the hastily assembled emires of Muslim adventurers Personal rule remains a character istic of many African states today which are fixed territorial entities rmarily in their juridical statehood. Inteationa boundaries are defined not by the extent of govement authority and ower which in some cases still fades as distance from the caital city increases but externally by the ostcolonial international community Before the advent of colonialism there was no Africa in any inter national sense and of course no olitical ma of the vast continent African geograhy was not known accurately before the second half of the nineteenth century when Weste exlorers inally comleted maing the interior The first continental olitical mas were of colonial Africa . The olitical ma of traditional Africa was also drawn only during the colonial era after comletion of anthroological field work which could not be carried out before that time. It revealed a comlicated lacework of more than a thousand variously defined ol itical societies some isolated and some interdeendent, some free and others slave, some entangled in imerial relations, others in feudal ties, and so on Traditional Africa was a world of limited olitical scale somewhat reminiscent of the localized feudal societies of Euroe during the Middle Ages. Africa of course lacked entirely the over arching equivalent of socas chrisiana (or of the Chinese Emire in East Asia or the Mogul Emire in South Asia) The olitical tech nologies which historically enabled largescale olitical orders to be built and sustained in Euroe and Asia organized armies and navies, means of transort, universal religion, literacy, coinage, bureaucracy, extensive division of labour, communications were absent in most arts of the continent These technologies and the territorial state along with it were introduced only at the end of the nineteenth century by Euroean colonialists. 8
HE L S S L PSVE SVEREGN REGME
Without fixed territorial bases under central govements there could of course not develop the usual marks of statehood which presuppose defined borders domestic jurisdiction civil peace within the jurisdiction enforced by a government with the sole right to exer cise force and the administrative ability to mobilize public revenue Traditional frica was marked instead by the ebb and flow of continu ous warfare and violent feuding at all levels of society often ritualized and organized in terms of kinship The absence of money in most places obstructed public inance. Territorial states also make possible orderl and lawful international relations between juridically equal mutually recognized and therefore independent governments Old frica more closely resembled a world of suzerain-state systems which operate on the principle of dependency and tribute between unequals. There often were no irm borders at the periphery and tribute could be paid to more than one suzerain at the same time The absence of defined territorial states meant that international relations in te conventional meaning were absent also One cannot speak convincingly of an frican system of states on the analogy of for example the modern European statessystem or the city states systems of ancient Mesopotamia and classical Greece frican states were fluid and c creations that did not require a fixed human or territorial base 4 lthough various particular customs regulated inter course among contiguous political systems there was no internationa society extending over large regions and much less the continent as a whole and consequently no general diplomatic practices or inter national law. Europeans and fricans for centuries engaged in treaty making along the coasts but whether it had the same meaning and signifcance for both parties is open to doubt Europeans signed trea ties with an eye on other Europeans and with the aim of acquiring trading rights or territorial claims which conformed with international law fricans probaby made them to gain commercial and political advantage over local rivals. They could hardly have realized the Euro pean international legal implications of what they were doing This in outline was the political character of frica a century ago when Euro pean governments partitioned the continent and incorporated the parts into the international system as their dependencies The partition of frica it should be emphasized was not only a scramble for territories by European powers but was also a joint take over based on an internationa agreement made at the ein onfer ence 1885) which established basic ules of partition intended to prevent conflict between these powers nd it succeeded by and large Therefore while the conference itself did not partition frica it did
S V E E G N TY E G M E S N H S T Y
nsttutonalz th pocss n th am of catng a pax Europaa n th contnnt Euopan stats occupd ttos b sgnng blatal tats wth Afcan uls n accodanc wth uls st down b th confnc It should b mphassd that ths uls concnd onl th latons of th Euopan pows inr s and dd not appl to Afcan uls who w not psnt at th Bln Confnc and w xcludd ntl fom ths sovgn gam Th xclusv ol was to sgn a tat If th fusd th could b focd n accodanc wth ntatonal law. In th ccumstancs of powful ntudng mcha nzd stats and wak undvlopd Afcan socts, csson can asl b magnd as th lss of two ls fom th Afcan pont of vw Intnatonal ttl to all but v fw Afcan ttos was tans fd to Euopan stats usuall b csson and occasonall b con qust although al f at all b th occupaton of trra nullius Although conqust was not common n Afca t was of cous lgt mat n nntnth-cntu ntnatonal law. Cunt lgal analss ss csson as vdnc that Afcan uls w sovgns Hnc, Alxandowcz s dscpton of th colonzng pocss as a comptton fo ttl dds 9 If th Euopan succssos ttl was vald, th fom holds ttl also had to b vald and fo ths h had to b sovgn Ths ntptaton usuall clams th authot of M F Lndl Howv, h maks th cucal pont that csson dd not mpl qual sovgnt, hnc hs dstncton btwn an advancd sovgn and a natv sovgn Th v noton of backwad tto dnotd an absnc of qual sovgnt Ths s cucal bcaus t clal sgns a p-xstng dual sstm of supo and nfo stats. Matn Wght has mo accuatl captud th chaact of ths tats n fng n ths cas to potctd stats whch of all dpndncs had th gatst sdual sovgnty t s pobabl that such tats a domstc matts and hav valdt n ntatonal law onl n that th a ntnatonall cognzd as stablshng a dpndnt latonshp btwn th potctd stat and th Btsh Cown whch pcluds oth stats fom ntfng 5 A C McEwn lkws uss th quvocal tm quas-tat n fng to th fomal acquston of tto b Euopans n East Afca.52 Th Bln Confnc sultd n an ntnatonal famwok of lag-scal jusdctons mposd b Euopan pows on Afcans wth onl th most tnuous ndcaton of th consnt Most xpla natons stop at ths pont B th postv ntnatonal law of th da, howv Afcans had no consnt to gv th w not consdd to b capabl of onsntng. Th colons w th st ttoal stats 70
E CASSCA POSVE SOVEREN RE E
wth xed boundare recognzed b nteatonal law that frca poeed Thee were the urdcton from whch frcan member hp n nteatonal ocet would eventuall prng The colonalt lkewe were the rt mode tatebulder The expanded enor moul the poltcal cale of the contnent b reducng man hundred of tradtonal poltcal tem to ome fift new and uuall arbtrar urdcton whch were panted on the mp n the colour of occup ng Europen tate. In bref, the partton amounted to an nter natonal encloure movement n whch the vat connent wa dvded among everal European power and t populaton were ubected to ther urdcton wth lttle f an regard to frcan value or nt tuton. The entre epode wa authorzed and guded b nter naonal law whch wa tll a European nttuton T H ' S A C R D TRUST OF C V L Z A T O N
B the tme o f frcan partton n the late nneteenth centur t wa necear for European govement to utf ther control of foregn populated terrtore condered not fit for elfgovement doctrne of the acred trut of cvlzaton wa elaborated for th purpoe at a ucceon of nteatonal conference It paralleled dometc guardanhp of aborgnal people n orth merca b contnentalzng ettler tate Truteehp wa a codeword for patealm whch a moral pracce that are whenever gncant gap n capablt ext be tween agent, uch a thoe between parent and chldren, the able and the dabled, rch and poor, and o forth. ndcad, uch a gap opened between Europe and man part of a, frca and ceana n the nneteenth centur European were now n unchallenged control of mllon of quare mle of terrtor and hundred of mllon of people outde Europe whch the had to utf to themelve f not et to thoe people The were n a poton to extend the bleng and beneft of ther cvlzaton to the ret of the world whch htherto had not been able to eno them Th became ther cvlzng mon or the whte man burden. The frcan, accordng to Sr Frederck later Lord) Lugard, hold the poton of a latebo chld n the faml of naton, and mut a et be chooled n the dcplne of the nurer The elfdentcaton of European tate a cvlzed parent and of man nonEuropean ocete a backward chldren and the cone quent practce of paternalm acqured moral and legal tandng n nternatonal relaton Wardhp entaled, accordng to Lndle, both the dute whch the advanced people collectvel owe to back 7
SEREIGY R E G I M E S I H I S RY
ward racs i n gnra and 'h dus which a paricuar Powr ows o backward racs undr is immdia conro This docrin was a signican chang of inaiona giimacy Prior o h ninnh cnury hr was no such hing as an x pici sandard of civiiaion and no nd for on I was naura for Europans o assum h suprioriy of hir civiiaon bu no is hgmony Ousidrs wr si a hra Th ascndancy of ninnhcnury mchanizd sahood was markd by a shif in inrnaiona giimacy from faring barbarians o paronizing hm naiona rusship aso rfcd prvaiing idoogis of h day And Europ and Amrica wr songy influncd by various posiivisic and vouinary horis of progrss which sough o xpain and jusify h rmarkab ascndancy of Ws civiiaion ovr a ohrs Naura aw was no ongr a aw of oraiy and jusic bu of succss and surviva I accound for h obvious fac ha whis wr far in advanc of ohr racs which was consrud as vdnc of suprioriy Racia paaism was ofn xprssd x piciy as in h 193 commn of an Amrican on h Lagu of Naions mandas sysm Th ngro rac has hihro shown no capaciy for progrssiv dvopmn xcp whn undr h uag of ohr pops Posiiv sovrigny docrn ndd o qua civiiaion wih h abiiy of sas o dfnd hmsvs and o proc civi condiions Civiizaion bcam a sca for dfining h inaiona sanding of counris, incuding hir ga capaciy and righs Th sandard of civiizaion mrgd in rspons o wo probms procng h ivs, ibry, and propry of Europans abroad, and drmining which counris dsrvd rcogniion as sovrign sas As rgards h forr, h sandard dmandd ffcv ga procon of forign naionas by h govrnmn of whavr couny hy appnd o b in Eihr h consiuiv rcogniion of a nonWsrn sa as sovr ign or is rducon o a Europan dpndncy can b undrsood in rms of his rquirmn As rgards h ar, h sandard ad drssd h subsqun probm of dpndncis whos popuaions wr iving in barbarous condions and rquird, among ohr acons of h coonia powr, supprssion of savy and sav rad (and aso offnsiv cusoms such as poygamy and su), physi ca
procion
of backward pops,
and promoion of ir
improvmn 7 A nw body of inrnaiona aw o advanc h civiiaion of dpn dn pops was nunciad a succssiv inrnaiona confrncs during h hyday of Wsrn cooniaism Th ina Ac of h Con 72
H E S A C R E D RS' OF CIVIIZION
gress of Vienna 181) had aready provided for the sppression o f the slave trade which was accomplished on the high seas y the middle of the centry The General Act of the Berlin Conference 188) soght in addition the aolition of slavery which was then widespread in Arica and the Middle East These were restraints laid on colonial sects The signatory powers themselves ndertook an inteational oli gaton to improve the moral and material welleing' of Africans and to protect and favor all religios, scienfic, or charitale insttons which aim at rnging hoe to them the lessngs of vlzaon' (Article 6). The Conference agreed that althogh natve poplatons were nale to defend their own interests they were nevertheless enttled to protecon y inteaonal law which demanded the oser vation of a certain level of condct on the part of the powerfl natons in dealing with defenceless ackward peoples The efficacy of these reqirements are qestionale, of corse, as disclosed for example y the otrageos ases of plantaon capitalism n King Leopold's Congo The fact that it was a plic scandal in Erope, however, is ndicative of the patealist international morality of the day. In com menting recently on the historical signifcance of the Berlin Confer ence, Lewis Gann concldes tha it helped to set p a new inteational opinion and a new inteaonal standard wherey the colonizers at least in theory dged themselves and their compet tors' and it helped to write a new chapter in the history of inteatonal oligations' 59 The sacred tst of cvilization was instittionalzed after the first world war in the Leage of atons' Permanent Mandates Com mssion whch was sperseded aſter the second y the nited aons Inteaonal Trsteeship System. Arcle of the Covenant declared that for territores inhaited y peoples not yet ale to stand y themselves nder the strenos conditons of the mode world there shold e applied the principle that the well-eing and development of sch peoples form a sacred trst of civlisation' Ttelage' of sch peoples was 'entrsted' to certain advanced nations' and exercised y them as Mandatories on ehalf the Leage' Three classes of Mandates were recognzed ased on the stage of development of he poplaons involved 'A' Mandates for peoples of the Middle East who son wold e capale of exercsing sovereign statehood, B Mandates for most peoples of sSaharan Arca who stll reqed an ndefnite period of Eropean ttelage efore ths stage was reached, and fnally C' Mandates for the primitve peoples of Soth West Africa and the Pacfic who very likely wold reman wards of the statessystem for centres, not forever 73
S O V E R E I G N T Y R E G I M E S I N H I S T O RY
The standard of civiization was still in evidence at the founding of the UN Although 'development was by now displacing the more valueloaded civilization the doctrine of trusteeship was institution alized in the UN Charter. Arcle 73 declared that UN members with foreign territories 'whose peoples have not yet attained a full measure of selfgovernment accept as a sacred trust the obligation to pro mote to the utmost the wellbeing of the inhabitants of these territories A Trusteeship Council was established to administer inter naonal dependencies inherited from the defunct League and ad dional territories detached from Japan and Italy by teir defeat in the second world war or voluntariy placed in trusteeship by a colonial power Although the war set in motion changes which evetually contib uted to the ilegitimacy of colonialism in 145 this radically different inteational society was not yet a reality Inteational tusteeship ony became controversial following the war A division opened at the UN between the Trusteeship Council which was idenfied with colonialism and e emergent Third World minority in the General Assembly which if decolonization were to continue would eventually be in the majority At the first session in 146 it was evident that some delegaons considered the Declaration Regarding NonSelfGove ing Teritories (Chapter 1 1 of the Charter) as a warrant for the UN to supevise colonialism in general The distinction between ordinary dependencies and trust territories became blurred and paternalism was placed on the defensive In an age of equality it was difficult to jusfy a pracce grounded in hierarchy even if it was benevolent or the people it affected were as yet not sufficiently equipped or prepared to operate a mode state T H O S T T T O O F G AT S O R G T Y
About the mid150s a reversal of classical positive sovereignty in iteational relations conceing the dependency system began to occur The change was extremely rapid in historical terms by the early 1s it was virtually complete. And it was general almost the entire colonial and trusteeship system was dismantled It paralleled a dom esc revoluon in the United States in which formal racial discrimi naon was abolished within a tenyear period between the 154 Supreme Cour judgement against school segregation in Brown versus Board of Education and the 164 Civil Rights Act Domestic and inter national antidisimination doctrines were undoubtedly related Both focused on racial minorities Both involved claims for equality and dignity Both met eventually if not at irst with widespread public 74
T H E C O N S T I T U T I O N O F N E G A T I V E S O V E E I G N T Y
acceptance to the point where nobody but a few diehards were pre pared to defend the old regime. Both were instiuted by law Sovereign rghts for colonial peoples in the community of states was the equiv alent of civil and political rights or memrs of racal mnorties in Weste democracies Renunciation o f the standard o f civizaton was - according t o Georg Schwarzenberger - part of the 'secularizaton of nteational law : a shift from law beween 'cvlzed states to law between 'sovereign states 61 Secularization excluded not only Christian defnitions of 'vi lzed customs or even liberal values such as consttutional govement and the rule of law but also nationaliy as criteria of membershp in international society Sovereignty was now to be based on a universal doctrine of categorcal selfdetermnation which dd not presuppose underlyng naonhood but only subject colonial status The dtrine stopped at the ndependence of all preexisting colonal entties and did not extend to nationalties or etnic communites whch were not colonial jurisdictons Selfdeterminaton orignaly posulated peoples rather than prnces as the only grounds of inteaonal legitmacy that is,
tol
self
determination The self was a nation which was assumed to be a substantial entity based on ether poltcal traditon or ethnc ds tnctveness Britain and Swizerland were instances of the former, Germany and Italy of the latter Nneteenthcentury nationalism in Germany and taly nvolved the formation of nationstates by the unfication or absorption of various prncpales or cty states whch shared a common language 'Determinaton presupposed not only the exstence but also the capacity of peoples to establsh ther own constitutonal le and to gove themselves as ndependent states Ths implied both personal and natonal freedom a s the ulmate grounds of sovereign statehood The spirit of the doctrne s dsclosed by the followng asserton of John Stuart Mill Free nstiutons are next to impossible n a country made up of diferent nationalites Mll was thnkng of the multnational AustroHungaran Empire whch denied not only individual but also natonal lberty to ts subject peoples The principle of natonal selfdetermnaton first receved quas official recogntion at the 1919 Paris Peace Conference under the nflu ence of Amercan President Woodrow Wlson and to a lesser extent Brsh Prme Mnster Davd Lloyd George lthough t was consdered a polcal rather than a legal prnciple and was not acknowledged by the League Covenant t nevertheless fostered a plebisctarian method of deteg sovereign statehood n Cenal and Easte Europe based
S O V E R E I G N TY R E G I M E S I N H I S T O RY
on natonaes and the protection o minores It acknowedged the nteatona egtimacy o sma states and reversed the course o nneteenth-centuy natonasm by dvdng rather than unting hs torica states It aso combned the prncpe o se-determnation wth treates guaranteeng the rights o ethnc mnorites Under the eague however natona sedetermination was re stcted to Europeans Non-Europeans were subject as noted to the mandates system Mandates and Trust Terrtores were thereore a dena and not a grant o se-determnaton The UN Charter nvokes 'the pncpe o equa rghts and sedetermnaton o peopes' (Artice ) and reterates t n connecton wth 'nteationa economc and soca cooperaton' (Artce 55) However as noted the Charter sti recognzed unequa capactes o derent peopes or segovement and the necessty o trusteeshp Atce 73 acknowedges the ob gaon 'to deveop segovement accordng to the particuar ccumstances o each terrtory and ts peopes and ther vayng stages o advancement' and rtce 76 speaks o 'se-govement or nde pendence as may be approprate' Athough trusteeshp s an 'obgaton' under the Charter whereas sedetermnation s ony a 'prncpe' one cannot but agree that t has nevetheess 'ceary proved to be a prncpe o the utmost mportance n nteaona reaons' For awyers the man ssue s whether sedetermnaon has the orce o aw For poca scentsts the ssue s te ecacy o sedetermnaon n nteatona reaons nd nternaona deveopments snce 950 suggest that t became competey eectve as an ancoona njuncton The prncpe dd not appear uy ormed n the Chater but was brought nto exstence by nteaona potcs oowing the war Thrd Word natonasts used the rhetoc o sedetemnaton to captre the mora hgh gound n nteatona reatons and the oder argument o tstee sp proved uttery nadequate to counter t The negatve soveregnty dea o sedetermnaton as a categorica rght o a coona peopes as asseted by a successon o UN Genera Assemby Resoutions hch eventuay shaped nternatona egtmacy on the ssue Among the most sgncant were Resouton 42 (1950) whch caed or a study o te ways and means 'whch woud ensure the right o peopes and naons to sedetermnaton' Resoution 637 (1952) whch decared tat the rght to se-determnaon 's a prereqste to the u enjoy ment o a undamenta human rghts' and Resoution 188 (957) c hed that sedetermnaton was a rght deservng due respect om member states The vctory o categorca se-determnaton was sgnaed y he 76
H E O N S I O N O N E G A I E S O E R E I G N
eebrted 1960 Dertio o the Grtig of Idepedee to Co oi Cotre d Peope (Reotio 1514 hih proimed tht peope hve the right to efdetermitio d idey of poiti, eoomi, oi or edtio preprede hod ever erve pretext for deyig idepedee . It ped i the Geer Aemby by vote of 89 to 0, ith 9 btetio. ve the ooi poer ere iig to rejet it The Dertio i o idered by Tird Word tte d by my other eod Chrter of the UN promgted to iberte remiig depedet peope From thi time empiri ttehood vid grod for determiig the rght to overeigty i the Third Word et ito eipe. Hvig previoy odemed Portgee ooiim d Soth Afri prtheid rime git hmity, i 1 970 the Geer Aemby i Reotio 2621 dered The rther otitio of ooiim i it form d mifettio i rime hih otitte viotio of the Chrter of the Uited Ntio, the Dertio o the Grtig of Idepedee to Cooi Cotrie d Peope d the pripe of itertio . It o dered tht the trgge for efdetermi o i ooi territore here it beig reited, h Portgee Afr, egitimte foreig itervetio to p port it, d y ttempt to ppre the trgge otry to the UN Chrter We o ive i ord virty devoid of form ooi jriditio d it reittemet eem impoibe. The e dotrie hged the defiitio of both the oetive ef d poiti determitio . The ef o oger either hitori or ethi tio bt rtifii exooi jriditio hih ere mtiethi etitie i mot e d iroiy remiiet of the od mtitio empire of rope. The tio o merey ho hd bee bjet of prtir ooi govemet d ere of differet re from their ie rer. digeo eor to thoe rer ere by deito egitimte whether or ot they expreed the popr i Their right overeig d the hm right of their bjet to ef-determito were oe d the me The ef ot determied by pebiite d virty o oe w how for mioritie Determitio me do to the evitio of ie ro pe rer d the erto of mjority re bed o ri defi itio of the mjority Sie ooiim eetiy viotio of ri overeigty', efdetermitio deooitio Sefdetermitio o oger me the me previoy d mot me the oppoite The e overeig tte re ot y bed o tioitie either ethi or hitori thotio oy rrey oiided ith ooi jriditio d mot ooie ever
SV IGNTY G I M S I N H SY
dvlopd into authntic political nationalitis Th nw doctin x plicitly dnis slfdtmination to thnonationalitis sinc if it w gantd most xisting xcolonial stats would b bokn up just as th AustoHungaian mpi was bokn up by ganting slfdtmi nation to th nationalitis of Cntal Euop Rsolution
54 dclas
mphatically that any attmpt aimd at th paal o total disupon of th national unity and th titoial intgity of a county is in compatibl with th puposs and pincipls of th Chat of th Unitd Nations Consquntly thnonational slfdtmination is now illgitimat and th pospcts of indpndnc fo th numous thnonationalits of th Thid Wold a blak And sinc most of th nw stats also do not povid minoity ights and intnal autonomis to compnsat thnonationalitis and indd oftn dlibatly with hold thm thy tnd to povok civil discod along thnic lins as did th old multinational mpis of Euop Matin Wight commntd at th tim of dcolonization with national slfdtmination bing applid in conditions so diffnt fom thos in which it oiginatd that th wod "nation" has lost any distinct maning htognity has tud Th stats psntd at th Unitd Nations a mo vai ous in oigin siz and stuctu than w th stats psntd at th Congss of Wstphalia OUO, SOAO , O OAO
How can w undstand th chang o f intational lgiti macy and lgality which accompanid th dmis of Wstn ovsas colonialism and th appaan of numous sovign stats in th Thid Wold? How should w chaactiz th contmpoay int national gim and how dos it compa to thos outlind abov which xistd pviously? Th othodox posivist agumnt is that th is of slfdtmination is consistnt with an histoically xpanding intational socity that finally assimilatd all of th wolds political systms to its institutions which hav bn dcontaminatd of Wst valus and a now authntically scula and univsal n oth wods th club of stats has bn opnd to all gadlss of ligion ac cultu o gogaphy Sinc ovsas colonialism has bn abol ishd no futh admissions a possibl without upstting xisting j uisdictions. Nw stathood thfo spings fom intnational cognition in cluding th fomal tansf of sovignty fom a Euopan pow to an indignous govmnt Nw stats a lgally positd by fomal actions of intnational socity and th will of stats alady stab lishd . 67 This implis that thy flct convntional citia of sov 78
EO LUTIO N , E STOATI O N , O INNOATION
egn tatehood Athough thee crtera have evoved over tme t poe to ay that the contemporary goa ytem o overegn' tate ha emerged out o an earer Eurocentrc ytem o cvzed and eore that Chrtan' tate There nttutona contnuty, thereore, etween the od European tate whch ormed the orgna communty o tate n the md eventeenth century and the admon o new tate uch a Inda or Ghana or Fj nto the Unted Naton n the md twenteth The goazaton o the overegn tateytem thereore dcoe an unroken htory Athough t normatve tc ture ha ecome ar more compex than prevouy the ac prncpe o the nternatona ocety have remaned the ame, a have the motve and many o the mode o ehavour o t memertate Th ecaue the underyng mperatve o ndependence are the ame A contrary argument aocated wth natura aw doctrne and the work o Chare Aexandrowcz hod that pot-coona nteatona norm are a return to the practce o a more toerant amy o naton era whch exted pror to the re o Wetern hegemony and hur n nteatona reaton The od natura aw regme wa detroyed n the nneteenth century y European tate who nttuted contrary potvt doctrne to juty ther terrtora expanon overea A key change wa the rejecton o decaratory recognton whch acknow edged the extence, dgnty, and equaty o non-Wete govern ment and the adopton o conttutve recognton whch juted the mpoton o Wetern vaue on non-Wete ocete Tradtona nteatona ocety, whch had een open and emraced Aan a we a European tate who engaged n recproca reaton, hrank nto a Eurocentrc ytem whch mpoed on extraEuropean countre t own dea 69 Thee dea ncuded cpacty or e-de ence and the tandard o cvzaton a crtera o conttutve recog nton A ew non-Wete tate were recognzed, ut mot were reduced to dependence Independence o Thrd Word tate thereore a reveron to overegnty' aed o tradtonanatura aw precept By reveron' Aexandrowcz mean that tate are havng retored to them an nde pendence that wa taken away durng the age o European domnaton and ther natura rght Jut a Poand had t nteatona tatu retored durng the rt word war ater more than a century o depr vaton, o ao have Inda, Burma, Sr anka, Indonea, Maagay, Agera, Morocco, and other tradtona tate had ther overegnty returned They conequenty are not new tate at a ut are a od not ndeed oder than mot Wete tate And athough Aexan79
O E R E R E E H OR
drowcz concedes n he case of Afrca ha mos of the ex-colonal enies are new saes n he presen day meanng of he word' he neverheless argues tha the Afrcan contnen as a whole has revered o soveregny afer an nerlude of proecorae staus under the es of he Berln Conference he man pont of whch always was o resore he connens ndependence. he resul s a global communy wh more of he characerstcs of he old naural law regme than of he herarchcal posvs srucure of he more recent pas A hrd explanaon spelled out n he followng chapers acceps pars of hese argumens bu also deecs novel posulaes and preceps n he normatve framework of contemporary nernaonal socey as t apples o the excolonal staes It agrees wh the postvss ha he large maory of hrd World saes have been posted' by nter naonal socey and never exsed prevously even n remoely smlar geographcal or consuonal shape Not only the soveregny but also mos cases he errtoral ursdcons and bureaucraces of these saes are creaures of colonalsm or ruseeshp kewse the thrd vew subscrbes o he naural law hess hat nondscrmnaon s a reversal of posve soveregny docrne. Bu canno agree that curren neaonal socey s a resoraton of the old loosely con nece naural law regme he pre-mperal and post-colonal worlds are dfferent n fundamenals. Most fundamental s the contemporary emphass on acvely renforcng he fragle ntegrty of the excolonal sates by nonnervenon and neatonal development assstance hs s a docrne no only of nondscrmnaton but also of posve dscrmnaion neaonal ad, and saebuldng. oday he nernaonal communy does no merely tolerae d versy bu also seeks o supply a safey-ne' for numerous nsub sanal countres whch are unable o provde very much n the way of cvil or socoeconomc goods for ther populatons f the post-960 nernaonal regme were merely a restoraton of tradonal norms of non-dscrmnaon he emphass on hrd World developmen would no be here here would not be ths emphass because would be assumed ha saes dfferen n form or substance are nevertheess equal n value o her nhabans he old natural law regme was a laissz-fair world. here were no nternatonal standards of emprcal satehood, of developed and underdeveloped countres he new poscolonal regme s an actvtst and constrctvst mode of nter naonal relaons. Negave soveregnty s a twenteth-century nst uton whch was unknown n tradona nternatonal relatons t was unknown because he problem t has been arranged to deal wh the emergence and developmen of numerous precarous saes was not 80
E V O L O N R S O R A O N O R N N O V A O N
prcivd prior to th dcoloizo o th oWstr word i th mid twtith ctury h problm o ittiol dvlopmt ws ot pprt bcus th sttssysm ws ot s dply dividd s it is tody btw dvlopd d udrdvlopd stts I bri w r witssig th mrgc o commuity o stts with ormtiv lgl d orgiztiol suprstructur tht is r mor lbort th ythig which istd prviously. his brigs us bc to th ctrovrsy idtiid t th bgiig y hird World stts r scrcly slstdig rlitis but vrthlss r com pltly sovrig jurisdictios rcogizd by ittiol lgitimcy d lw Ruggd idividulism i itrtiol rltios hrdly p plis to ths titis which or th most prt r crturs o ovl itrtiol protctioism.
8
4
INDEPENDENCE BY RIGHT
G N W
The hstora hange rom postve t o negatve overegnty s most speay and onretey evdent n European pota ds engagement rom Asa, Ara, and Oeana As ndated n the ast hapter, the rght to ndependene and the orrespondng duty to deoonze was nstaed as an nteatona ategora mperatve oowng the seond word war and by 19 t was the unhaenged and unhaengeabe dearaton o the Unted Natons There s no better pae to ook or hangng norms and assumptons about sver egn statehood, thereore, than n the sphere o deoonzaton t s one o the momentous nteatona reversas o the twenteth entury whose onsequenes matera and mora, ntended and unntended ontnue to reverberate and w or deades to ome We ve n a postoona word whh has undoubted sgnane r nter natona reaons The termnaton o oonasm has neesstated and aed nto exstene ateatve nteatona arrangements and pra es to dea wth the spea rumstanes and probems o post oona states, as we sha see n hapters 5 and 6 Deoonzaton s oten understood as a suessu revt aganst the West and there s evdene to reommend ths postve soveregnty vew The usua mage s o a dene o European prmay by the devastaton and demorazaton o two goba wars and the rse o powers on the perpheres o Europe (Unted States Russa and beyond apan whh utmatey dspaed the Eurpean system t s ndated by vgorus ant-oonasm durng and wng the seond word war whh made t mpossbe to reestabsh Duth rue n the East ndes and Frenh onasm n ndohna Brtsh deo onzaton n the subonnent n reatn to redbe natonast mve ments, suh as the ong estabshed ndan Congress, s a urther nstane The suessu ant-ona war beraton aganst the Frenh n Agera s yet another These epsodes are nsstent 82
TH ROLT AGAINST TH WST
wth ptve veegty: ew tatehd pmaly a et act I may the pat the Thd Wld hweve cel ad cedble atcla atalm capabe hetg veegty gh cmty wth ptve teatal aw ay dd t de vep Th evdet m th evt clal htgaphy baed the pt945 mpea achve Accdg t e hta: 'Wete Epe' tat ad capacty elatve t the Uted State wa cleay the wae mt the tweteth cety ad vetly ate 945 bt whethe that tat ad capacty e ela t Uppe Vlta the Gld Cat/Ghaa vey dbtl Accdg t athe: 'whateve peaded the th empe 947 t pa t w deme tpcal Aca t wa t ea back Aca eedm ghte' Ad gvemet dc pape the day 'thee wa lttle ee ta beg t mpvehed the tak ca le he eteatg the ace atalt htty' 7 N wa thee ay cvct that Aca wee w adeately taed ad epped egvemet The pee taeg veegty wee t a ceag extet teatal ad pcpled The ptwa ea wteed a at-cla delgy expeed wth gwg cvct by the aay elagg mbe ewy eached tate wh a Pete Cavce wte at the tme 'ae weak bt t meek' .8 Atca m etpect k me ad me lke a ea chage te ata legtmacy Althgh declat Aa wa pvked by cbe Japaee ccpat clal tete dg the wa atewad whe Japa wa deeated ad the clal pwe egaed the tate ad capablte they cld t ccely eaet cl am mal ad ega tem The clam dmetc jdct the cle ad the lack dge capacty elgve met ell ceagly dea ea epecaly at the UN y the late 950 teatal p had ted dametay agat clalm The mage a mave ad vlet evlt agat the Wet mt apt a egad the beakp the Dtch Eat Ide ad Fech Id cha The ccel va thee tete ad the by Japa dg the ecd wd wa ae ambg tace the decle Epea pwe that pat the wld At the tme hweve t wa a m ceta that calm wl t e eted whe Japa wa deeated I 942 accdg t Ld Haley the Nethe lad gvemet ctemplated gatg 'atmy' t the Eat Ide bt wth the amewk a ctg wth Hlad 9
INDEPENDENCE B RIGHT
Japans occpation prookd Indonsian nationalism, howr, which dring and atr th war was nginrd by Skarno and othr nationalists into a orc to b rckond with Athogh an Indonsian Rpblic was proclaimd in Jakarta (Bataia) in Agst 1945, th Dtch (with initial British assistanc) nrthlss attmptd to rassrt thir colonial rl By 1947 thy had 150,000 troops in th colony Thy did not bcom rconcild to an indpndnt Indonsia ntil 1949 by which tim th UN was alrady a platorm o ocal anti-colonialism and th cost o prsring in thir ntrpris was high Holland by thn was also inold in th mrging Wstrn allianc against th Soit Union Prssrs rom th Unitd Stats inclding a thrat to sspnd Marshall Aid obligd th Dtch gomnt to ct its losss in th East Indis and concntrat its limitd armd orcs on th dnc o Wstrn Erop Th Frnch wr n mor dtrmind to rstablish colonial rl in Asia atr th dat o Japan. Th war likwis arosd anticolonial nationalism in Japans occpid Indochina An indignos gorn mnt ndr th commnist Vit Minh with cti control or important trritoris in north Vitnam stablishd itsl in 1945 ollowing th Japans withdrawal Ho Chi Minh rad a Dclaration o Indpndnc o th Dmocratic Rpblic o Vitnam which con taind Thomas Jrsons immortal words all mn ar cratd al . Th rt o th Frnch to Soth Vitnam in th spring o 1946 consntly st o a bloody anticolonial war in which th Vit Minh orcs wr abl to scr matrial spport rom commnist China atr 1949 In 1954 th Frnch wr orcd to concd indpndnc Althogh a Rpblic o Vitnam brily xistd and lctions wr plannd throghot north and soth Vitnam, thy wr nr hld Instad two indpndnt Vitnams stats mrgd (which latr bcam th scn o anothr war inoling th Unitd Stats) Th ntangld dcolonization o aos and Cambodia occrrd in 1949 and 1953 Althogh Franc nr applid its ll military might and th conict was consd by th iss o commnism and th cold war, th transr o powr in Frnch Indochina is on o th last ambigos instancs o positi sorignty in postwar dcolonization. Had it not bn or this iss th Unitd Stats wold ha bn hard prssd to dny Ho Chi Minhs claim to b on o Jrsons sccssors Unlik th Dtch and th Frnch, th British did not ndaor to prolong thir colonial rl in Soth Asia by orc. Dcolonization was not a nw policy India had bn a candidat or indpndnc as a dominion within th British Commonwalth sinc th lat 1920s. Althogh acclratd by th war, th indpndnc o th sbconti
H O AAS H WS
nent i n 97 completed a constitutional process which had been under way for two decades The impact of the war including the fierce campaign of the Indian Army against the Japanese in neighbouring Burma had enormous signficance not only for Indian decolonization but also Burmese These episodes made it impossible to delay the ndependence of ri Lana (Ceylon even though the island colony was not as advanced as India constitutonally, was deeply scarred by an historic division between the majority Buddhist inhalese and the minority Hindu Tamil populations, and had been ruled separately by Britain as part of the dependent empire ri Lana was the first territory under the Colonial Office to gain independence which set an important precedent for other colonies European decoloniation in these parts of Asia signalled the end of empire-as-power' . In most places after the mid950s the revolt against the West ceased to be a credible rebellion against colonial power and became instead a worldwide moral campaign against the ideology and insttutions of colonialism The doctrine of negatve sovereignty in postwar decolonizaton is therefore seen most clearly in the international emergence of Blac Africa and Oceania Before this sea change of international legitimacy the complete independence of these areas was rarely contemplated Although there is wide agreement about the signiicance of the episode the underlying causes of decoloniaton continue to be debated and no consensus among scholars has yet emerged What is important from the perspective of this study, however, s not only its signiicance but also its character Independence became an unquali ied right of all colonial peoples: self-determination. Colonialism lie wise became an absolute wrong an injury to the dignity and autonomy of those peoples and of course a vehicle for their economic exploitation and political oppression This is a noteworthy historcal shift in moral reasoning because European overseas colonialism was originally and for a long time justified on legal positivist and paternalist grounds which postulated the unpreparedness of such peoples for self-govern ment and the responsibility of civilized' states to gove them unl they were prepared It is dificult to mae this point today without seeming to be a colonial apologist But the fact is that until the second world war and even for some time afterwards this was the predomi nant doctrine of international legitimacy and law. Decolonizaton amounted to nothing less than an international revolution on this question in which traditnal asumpons about the right to sovereign statehood were turned upside down.
I N D E P E N D E N C E BY R I G H T VO ORY DCOOZO
Britsh cooniaism opratd with th ida o trustship coo nis wr hd in trust by Grat Britain unti such tim as thy wr ab to gov thmsvs in accordanc with 'mod idas of civi id ru' as ord Haiy onc put it. In British poitica thought this ida was at ast as od as Burk Not vry pop wr y ab to stand aon undr th arduous conditions of th mod word. Nor wr a indignous rurs capab of civi govmnt. Just as it was a driction o duty or a British coonia rur to act unconstitutonay which was th basis o Burk's argumnt to impach Warrn Hastngs so aso woud it b a driction o duty i or xamp Northrn Niga wr rstord 'to th uncontrod ru of th mirs or Maay to that o its sutans' . Indd th poicy of indirct ru or what ord ugard cad 'Th Dua Mandat' which pursud th goa of trans forming traditiona authorits into mod oca govmnts was intndd to avoid this. Th traditona British ida was xprssd in a 938 spch in th Hous o Commons by Macom MacDonad Sc tay o tat or Coonis he great purpose of the Brtsh Empre s the gradua spread of freedom among a Hs Majestys sujets n whatever part of the word they ve. hat spread of freedom s a sow evoutonary proess . . . n some oones . . . the ganng of freedom has aready gone very far n others t s neessary a muh sower proess t may tae generatons or even entures for the peopes n some parts of the Coona empre to aheve sefgovernment i
Morovr it woud b prmatur to assum that vry unit within th Britsh Empir woud vntuay attain compt sovrignty. Many had popuations which wr sti amost ntiry iitrat not ony in th strict inguistic sns but aso and prhaps mor importanty in th institutiona sns of having itt or no undrstanding of th workings o a mod stat and th rsponsibiitis of citinship. Many wr pagud by divisions among thir popuation which wr so dpy rootd in rigion anguag or custom that dmocratic s-govrnmnt without an impartia xtrna rfr smd imposs ib. Many wr too sma for indpndnc rgardss of thir v of dvopmnt. And urthrmor it coud not b assumd that vry coony woud ncssariy sk sf-govmnt a poicy of catgorica indpndnc or a woud abandon many aginst thir wi Th ony practica and rsponsib cours of action was th continuation of coonia dvopmnt oowing th distinctiv ins of ach particuar coony undr th ovra protction frdom and ustic affordd by th impria systm.
EOUOA DECOOAO
Te Briti a log oerate wit te aaretly cotraictory cocet of coloial elfgovermet Sice Lor Duram Reort of 1839 wic lauce reoible govermet i Caaa ecoloi atio meat acievig elfgovermet witi te mire Britai accorig to Jo Stuart ill a alway felt uer a certai egree of obligatio to betow o uc of er outyig oulatio a were of er ow bloo a laguage a o ome wo were ot rereetative ititutio forme i imitatio of er ow . 16 Britai coul ot trafer overeigty to ocotitutioal govermet a remai faitful to er ieology of eveloig te civil a olitical a well a te ocial a ecoomic coitio of coloie Te Briti mire a Commowealt wa liee to a gra olitical roceio woe member were oitioe accorig to teir egree of elfgovermet wit Britai a te ieeet omiio i te vaguar a te leat eveloe Africa a Pacific coloie brigig u te rear. Ti Wiggi metaor of coloial evelomet cotrate arly wit te tatic image of te ol Briti mire i wic eeecie revolve arou te moter coutry i eretuity lie te olar ytem a coul ever evelo to equaliy wit it. Te cotitutioal ae of te ew mire wa cotatly evolvig terefore a te oitio of eac coloial uit wa oly a temorary toig lace alog te roa to evetual elfgovermet For toe may bacwar territorie at te rear of te roceio owever te roa aea wa till log a ifficult Te Briti were oeraig witi a amiiar traiio of cooia eveomet wic a alreay le to omiio tatu for wite coloie a accorig to argery Peram tere wa o reao wy it oul ceae to oerate for brow or blac oe 7 Cotitutioal evelomet wa a far more formiable aigmet i Aia Africa a Oceaia ta it a bee i te omiio owever were it occurre more or le aturally witi reomiat uroea commuitie New Zealaer were a caable of elfgovermet a teir firt coui i te Briti Ile. Te ame coul ot be ai of Nigeria or Fijia wo rag from etirely ifferet toc. A 1937 reort of te Royal Ititute of Iteratioal Affair eclare uequivocally tat ecoloiatio rocee to te goal of ieeece oly i coutrie wic are ecoomically a olitically avace Over te wole of troical Africa a te greater art of te Pacific area ti rerequiite a ot bee attaie a irect avace o Weter emocratic lie i ot feaible Ti wa o elfeviet tat te autor felt o ee to give ay furter exlaatio. After te 1941 etry o f te Uite State ito te eco worl war 87
N D E E N D E N C E B RGHT
however, significant new demands were placed o n the colonial powers to make plans for decoloniaton It was now necessar to explain the practices and institutons of colonialism which were no longer self justifing as the previousl had been at least within the Eurocentric international communit The British in particular were faced with justiing their longstanding concepton of evolutionar decolon ation to suspicious if not outright anticolonial American allies who were now in the drvers seat The American vew of decoloniaton was almost exactl the opposite idealist and revolutionar US Sec retar of State Cordell Hull considered that the Atlantic Charter ap plied to all nations and to all peoples and the State Department requested timetables for independence throughout the war This necessitated official British interpretaon which was that the Charter onl concerned previousl sovereign countries overrun b Axs powers The British War Cabinet in September 1941 expressed the vew that it was not concerned with the British Empire or, for that matter, with relations between the United States and the Philippines which were internal matters subject exclusivel to domestic jurs diction Prime Minister Winston Churchill, repling to a queson in Parliament, said At the Atlant Meetng we had n mnd prmarly the restoraton of the soveregnty selfgovement and natonal lfe of the States and natons of Europe now under the Naz yoke and the prnples governng any alteratons n the tertoral oundares whh may have to made. So that s qute a sepaate polem fom the po gressve evoluto of self-goveng nsttutons n the regons and peoples whh owe allegane to the Brtsh Crown
This questioning of the European empires b the superpower at the moment of its ascendanc could not but undermine their international legtimac to some degree. Although the United States enthusiasm for universal decoloniation declined following the advent of the cold war and its new realities and complexities, from this time the practices and institutions of colonialism had to be supported b an ideolog which could communicate to states that were constitutionall unsmpathetic to the enterprise and more likel to construe it as exploitation than benevolence and enlightenment. During the war when Britain was heavil dependent on the United States this required diplomac and careful attention to terminolog, as whn Lord Haile, the foremost colonial theorist of the time, noted to his Britsh colleagues that an attempt to draw a distinction between selfgovernment and indepen dence suggests a refinement which will be viewed with a great deal of suspicion in the USA Haile was commissioned b the British 88
E O LUIOAR DECO LOIZAIO
governmen durng he war o repor on prospecs or poca de veopmen n he coones He cauoned agans premaure and consdered changes In hs condena warme repor Nativ Adminis tration and Political Dvlopmnt in British ropical Aica he sounded a wang agans premaure consuionmongerng An n ec ures a Prnceon Unversy n ebruary 1943 he noed he quckenng demands or segovernmen bu emphaszed o hs Amercan aud ence ha decoonzaon had o be conssen wh mode deas o cvzaon he demand or "beraon mus mpy he gran o segovernmen o areas whch are aready ied or , and he acve promoon n ohers o a graded poca educaon whch w enabe hem evenuay o manage her own aars whou exerna conro, bu on erms conssen wh mode deas o cvized rue2 The dicues o expanaon and jusicaon are obvous In deendng he empre agans crcsm, eadng Brsh spokes men e obged o pon ou, repeaedy, ha he condons or granng ndependence were ar rom exsing n many coones whch si requred ueage and woud requre or some me o come The Brish governmen requeny conroned crca opnon whn par amen particuary rom he Labour Pary e wng Coona Sec reares or UnderSecreares had o deend her poces n paramenary saemens as n a 1942 speech when Harod Mac man (hen UnderSecreary o Sae or he Coones) camed ha he governng princpe o he Coona Empre was parnershp An opposon member suggesed he correc erm was subordnaon and asked Is rea parnershp or jus anoher orm o words o deude peope?24 In 1943 he Coona Secreay decared n he House o Commons ha s no par o our pocy o coner poica advances whch are unjusiied by crcumsances, or o gran segovernmen o hose who are no ye raned n s use 2 A year aer a Brish memorandum prepared or he Dumbaron aks Conerence ob seved ha he deveopmen o segovernmen whn he Brsh Commonweah mus occur n orms appropriae o he varyng cr cumsances o Coona peopes 2 And n an nuenia 1945 Forign Affairs arice wren or a seec American audence Marjory Perham reveaed no ony he ofica British mnd bu aso uncanny oresgh abou he key consequences o rapd unversa decoonizaon Were hey [he coones] hus cu oose, hey woud probaby be se up as very weak uns under an expermena word organzaion2 Here was he emergen mperia ripose o hose who assumed ha nde pendence was a caegorca good whch requred no urher jus icaion 89
N D P ND NC
BY
RGH
The British continued ater the war to regard American atttudes to decolonization as a simplisti ideology which according to the Britsh Ambassador in Washington disclosed 'wooly sentimentality towards dependent peoples' and an uninormed belie that colonialism was but a mas on simple 'exploitation' 2 The tas was to counter these atti tudes with acts about the reality o the colonial situation which varied greatly rom one place to the next However, the idealist outloo in avour o universal decolonization was also reflected by oicial pro nouncements o Soviet bloc countries, many Latin American govern ments, and the UN General Assembly whose anticolonial voice strengthened with the admission o every new ex-colonial member It was also expressed by articulate liberal and let-wing opinion in the imperial countries themselves In 1946 it was evident to Margery erham that the gradual pace o constitutional development in British colonies had to be more rapid than was previously thought desirable or even possible in some cass. However, she elt obliged to identiy 'our chie obstacles to the achievement o early and eective sel-government' (1 the general populations o many colonies i not most were still 'too unaware' o the operations o mode, large-scale government to be capable o citizen ship; () most colonies as yet laced any basis o natonal unity ( a number o colonies were so insubstantial that 'anything mor than a limited internal sel-government' was impossible and lastly (4 the level o economic development was still ar too low to support a modern state2 A 1946 Colonial Ofice memorandum observed that it was 'clearly impossible in the modern world' or smaller colonies 'to reach ull selgovement' and it was 'ludicrous' to imagine Barbados or British Honduras 'standing on their own eet' In a 1948 mem orandum or the Brtish Cabinet the Colonial Oice could oresee independence only or Nigeria, Gold Coast, and a ederation o Malaya with Singapore In 1950 colonial oicials in Southeast Asia oresaw a transition period o twenty-ive years 'beore the peoples o Malaya would be ready or complete sel-govement' According to orter and Stocwell, British colonial policymaers 'were at one in assuming sel-government to be generations distant' 2 Although in public it was becoming impolitic to say so, in private memoranda colonial oicials still spoe o political change in terms o generatons or longer Commentators too it or granted that some dependencies were so ar removed rom the conditions o a modern sovereign state that they would probably have to remain as colonies indeinitely In the speech uoted above, Harold Macmllan ended by observng that colonies 'are poor because they are ust beginning They
E O L I O AR D E C O L O IAIO
are fur r ve cenurie behind hey are a i were in he Middle Age here wa al a mral iue: he cncern ha a premaure ranfer f pwer wuld leave many imple rural fl in he clnie vul nerable inefficiency expliain and even pprein by indigen u gvernmen affed by inexperienced r inadeuaely educaed r elf-erving elie. Brih cmmenarie n imperal ubjec in he lae 940 herefre reveal a cninuing aumpin ha indigenu peple mu achieve an accepable level f cmpeence and repni biy befre elfgvernmen culd be graned n privae he pin wa made wih greaer candur A 94 cnfidenial Clnial Office memrandum aed ha he andard f African public mraliy i lw . if African parcipain in lcal r cenral gvernmen i be ucceful he Clnial gvemen mu face hi prblem quarely . he pin wa made wih le rerain in a 947 diary enry f r Philip Michell hen Gvernr f Kenya wh berved ha a ye here wa n rean uppe ha any African can be cahier f a vilage cuncil fr 3 wee wihu ealing he cah . COLONZTON N VLOPMNT
Evluinim wa refleced in Briih declniain plicy by bh Cnervaive and Labur gvemen alhugh he frmer were mre inclined believe ha me clnie wuld never achieve independence wherea he laer fel ha i wa a uein ulimaely f clnial develpmen hi idea evenually prevailed ince 929 he Labur Pary had rngly uppred he prgreive plicy refleced in Clnial Develpmen and Welfare Ac which were renewed in 940 and 94 n 944 he Clnial Office aw a dynamic prgramme f clnial develpmen a he m effecive way f addreing criic wh were demanding declniain. Develpmen wuld laer becme an inernainal dcrine excep ha independence wuld n lnger depend n i and he inernainal cmmuniy including paricularly he rich cunrie wuld hen be repnible fr aiing he develpmen f pr cunrie. Befre he grea deprein f he 930 hwever clnie were n uually cnceived in erm f develpmen planning. nead hey were ppruniie fr privae invemen in agriculure r mine r infrarucure and meime fr Eurpean elemen. he earlie rganied exprein f Eurpean clnialim were prfi eeing cmpanie f privae advenurer: he Hudn Bay Duch Ea ndie Ryal Niger and Briih uh Afrca Cmpanie amng many her Bure characerized he Briih Ea ndia Cmpany a a 9
INDEPENDEN CE BY RIGHT
state disguised a s a merchat' but the reverse coud euay be said o may cooies They were commercia eterprises whose ative i habitats were treated as ecoomic istrumets suppies o cheap abour which coud be expoited to ehace the proitabiity o oreig capita The roe o cooia govermet was imited to that o provid ig aw order ad perhaps educatio i missioaries were ot avaiabe to take o the atter task This istrumeta ad ihumae orietatio udoubtedy shaped the curret image o cooiaism as the istitutioaiatio o expoitatio or at east capitaist proit seekig However as with ay sigicat istitutio thre were other acets o cooiaism icudig as idicated a trusteeship idea that cooies were to be deveoped at east i part or the beeit o idigeous ihabitats This was the doctrie which prevaied i iteratioa aw It is evidet i Artice 6 o the Geera Act o the Beri Coerece (885) which boud a cooia powers i Arica to watch over the preservatio o the ative tribes ad to care or the improvemet o the coditios o their mora ad materia we-beig' As oted i chapter 3 the idea was expaded i the League adates ad UN Trusteeship Systems British Cooia Deveopmet ad Weare Acts aso discosed the ideoogy The 1929 Act gave the Treasury ad the Cooia Secretary cocurret authority to aocate uds or agricutura ad idustra deveopmet i the cooies The object as Barbu Nicuescu com mets was ot 'to expoit' the atura resources o the cooies but 'to use the capita ad techoogy o Brtai 'to eabe' their deveop met Likewise the aim o the 1940 Act accordig to acom acDoad was to estabish the duty' o British taxpayers 'to cotrib ute directy ad or its ow sake' to the deveopmet o cooia peopes I repy to a pariametary uestio i the ate 1940s co cerig the beet o cooia expeditures to the British taxpayer Sir Sydey Caie Deputy Uder-Secretary or Cooies remarked 'I thik it was aways uderstood that the expediture o moey uder the Cooia Deveopmet ad Weare Act was ot expected to resut i ay dirct retu or beet to the Uited igdom Govemet It was a deiberate act o assistace to Cooia Govemets' O course this did ot excude the desire that cooies be ecoomicay sesustaiig or that cooia deveopmet cotribute to British power ad prestige But it did provide expicity or the ecoomic weare o idigeous peopes Oce the prospect o decooiatio bega to appear the British beieved as previousy idicated that substatia cooia ecoomic 92
DECO O ZATO A D DEVE OPME T
develme a eeay efe veegy ld e afeed Ul ha me a a lal ely me devel me I he Clal Seeay Olve Lyel med a memadm he Cae hh aed a We ae dely ele f he elfae f he Clal ele We have eahed ad e eah he gel ha hey m e develed de mae adeae he ld eed ad ae he adad f lvg hh ae f he m a mealy l A e f Clal Seeae made mla aeme De velme a evdely he hghe age f lalm I Deeme 8 he lal he ad he a Clal Seeay Ah CeehJe ld he Cmmealh Affa Cm mee ha mlee deedee ld e aheved ly f a ey a emally vale ad aale f defedg ee hh al mled he aaly f elfdefee He emhaed ha hle he ly f elfgveme a a geeal e lal h daal vly deeded he mae f eah ly a a gve me e ad Sell ea f h ad f ve lalm hh gh ve me Cmmealh he ee f all eed mm ed e evde Bh y ell he alhgh he egalaa La Pay ve ha evey ey a a addae f eveal elfgveme ega y he eval Olve Lyel Ceave Seeay f Sae f Cle eee ad a emhae he aa ae f Bh lal ly e all am a helg he Clal Tee aa elfgveme he Bh Cmmealh T ha ed e ae eeg a adly a le ld eah ey he hh mae ee B ae meal mahe hh y hem elve They ae hma aageme hh ee ledge ea gd ll ad ave all leadeh I a f lg dely amed amg lal fal ha ele elf gveme le heefe eeaed he fma f a dge lg la h a ld lal eda Clal el age a eeay l a level f meee ffe maage a deede y had ee aheved afeg e h vdg ld he d f he La Dey Leade Hee e le gvg a hld f e a lahey a a a ad a hg The m eeal eleme a ed a ad ag eale dge ele y ly j al e admave he eaae f he
N D E P E N D E N C E BY R G H T
vaus cls. Th lgh f m qud sual slf gvm hf dpdd h ca f a cmp ad ddcad dgus l. Ccumsacs w sll a csda as la as 157. A pap ppad f h Bsh Cab cmmdd ha cls shuld b abadd f hy w y quppd f slf-gvm capabl f susag dpd saus wh a asabl sadad f gvm' 47 Ah Cab p h sam ya k pas wa ha ay pmau whdawal f auhy by h Ud Kgdm wuld sm bud add h aas f sss ad ds c h wld' . was w fad, hwv, ha h mgh lg b suffic m pv . h cas f Nga dcla, f xampl, whch sll cfd mus ad pally dsgav pblms f galsm, was blvd ha h acclad dpdc f h Gld Cas (Ghaa) had cs us sm ff wy yas . 4 9 Nvhlss, v a hs da was sll fcally assumd a h hghs lvls f h Bsh gvm ha vy cly culd alscally xpc bcm fully slf gvg. Csquly, sm mda sauss bw cl alsm ad svgy wuld pbably b ccupd dfly. Sa L, f xampl, was ly lkly achv al slf gvm' . Th Gamba pbably culd v asp dp dc'. Bu hs adal asg was dfily dg ad Ba was abu mbak a accla f dcla whch wuld sul h dpdc f vually vy cly gadlss f s ccumsacs Ud mabls bg shapd casgly by aal plcs h m f vluay dcla was ug u. Th wld was bcmg hal mally ad lgally f h ways Alhugh smgly asabl ad mpcal, h hy f clal dvlpm pvd b vy vulabl. Oc was cfd by paccal quss ad pacula cass was fud wag h lack f pcs f s asws. Wha lvl f dvlpm was css ay f dpd sahd? Wha ca w apppa mak such a dma? Ad wh ad wh h pas was dpdc gad such a bass? Th aal sysm had v pad such a dlba way plcs whch s say dplmacy wa had always b h fial ab. was f cus mpssbl p ay ucsabl ca f mpcal sahd f dmg dpdc ha wuld sasfy hs f whm clalsm was bcmg ucssay ad llgma. Nh Ld Haly Magy Pham ay ls was abl d Pl4
D E C O LOZATO A D DEVELOPET
tcans ecognzed ths eaty In hs now aous 1960 speech n Capetown Btsh Pe Mnste Haod Macan, who once spoe o potca change n tes o centues now decaed caegocay The wnd o change s bowng though ths contnent Whethe we e t o not, ths gowth o natona conscousness s a potca ac. We ust a accept t as a act. Ou natona poces ust tae account o t I nobody coud say wha aount o type o deeopent was necessay o se-goenen, then deeopent coud not be a jus ficaton o gantng o denyng ndependence. No coud sa o een costates be eused hat was wha the ndgenous nhab tants desed Independence was a ate o potca choce and not o epca condton New Thd Wod heads o goenent at he 1964_Coonweath Coneence ade what by then was aeady the standad oa aguent the coneence shoud not dscussng decoonzaton but athe the deeopent o a oe coones and the atea a the Coonweath coud pode The ssue, as the new Pe Mnste o Tndad and Tobago (D Ec Was put t, was no onge ndependence but deeopent needs Decoonz aton woud contbute to deeopen by gng goenents conto oe the econoes whch coonas dened he Ths was the aguent o the st UN Coneence on Tade and Deeopent (964 Independence was now necessay o deeopent But t was an ndependence wthout pecedent suppoted by noe nte natona oganzatons whch nheed any esponsbtes o co onas but no powes Soe o the deas that esued ae anaysed n the next chapte. ACCRATD DCOONZATON
hen t ntay becae conceabe that soe Btsh coones woud pobaby oe towads segoeent oe apdy han was peousy thought possbe the htheto unquestoned assupton that the tanse o soeegnty ust be contngent on epca con dtons began to be undened Decoonzaton was doced o the capacty o both se-goenen and potca deeopent n the pans o he Coona Ofice The tadona equeent that ndepen dence oow deeopent stated to eode and the pogesse as supton that t coud pepae the way o deeopent began to pea. A younge geneaton o coona ocas was cong to the oe en such as S Andew Cohen who dd no shae Haeys conseats and cae to beee that coona goeens shoud be wong thesees out o busness by tanseng powe to ndgen95
DPD BY RGH
ous peoples a s apdl a s possble eve a t the s o vtg post depedece pobles. B the late 1950s ths was the ew othodox I ueous Btsh coloes, theeoe, plas wee stepped up to egee the sttutoal aewo o a ode costtutoal deocac, coplete wth legslatve, electoal, ad judcal st tutos whch wee gated to what had bee pal although ot exclusvel a coloal adstatve state. I Btsh costtutoal logc a colo oveseas was the equvalet o a cout Bta: t was subodate to palaet at Westste. he pcple had to be evesed to acheve esposble selgoveet. Idepedece was a gaded pocess, ad poltcal educato was le a othe oe had to pass though the vaous gades ode to gaduate he ollowg stages o costtutoal developet wee ecessa o ths to happe: (1 oato o a legslatue oe was ot alead exst ece; ( ceato o expaso o a electoate; (3) electoal cotol o the legslatue (4 legslatve cotol o the executve ad (5 depe dece o the Btsh goveet 55 hese stages elected the cost tutoal developet o Bta, whch was a hsto o evolvg depedece o palaet o the cow ad o ceasg depe dece o the House o oos o a electoate evetuall based o uvesal suage. What was dstctvel deocatc about Btsh decoloato was the equeet that all pevous stages be passed beoe the last stage was copleted. Eve colo that acheved depedece poceeded though all these gades, although at the ed o epe ate 1960 the passage was ade wth ceasg ad eve useel haste he Btsh stuc wth the pocess ote dcult ccustaces whee t was ot at all ceta that eectve legslatve ad electoal sttutos had bee oed ot ol because ths was the tadtoal appoach to decoloato but also to deostate the log stadg cla that the epe exsted ultatel to pepae coloal peoples o costtutoal selgoveet. A act o decoloato whch b passed these stages would be ot ol esposble but a adsso o alue also. he ea o Ghaaa depedece, 1957, s pehaps the date whch as the te fo whch Btsh decoloato acceleated he Btsh abet becae oe dectl volved ad the esos bltes o the oloal Oce wee educed to ogag coeeces o the trase o powe. I 1957 the abou Pat claed that all the salle tetoes had a ght to the costtutoal status o a doo wth the Btsh oowealth But as late as 1959, accodg to 9
C C RD DCOONON
J M ee, the Bitsh onsevtive ooni Secety epotedy con tempted segovenment o Tngnyi by 970 nd o Keny by 975 Independence o ech county nd so Ugnd ived in the ey 960s Bitin ws now peped to gnt independence to vey mgin Acn dependencies such s The Gmbi Znib, nd the igh ommission teitoes esotho, Botswn, Swind n 965 the bou ooni Secety, Anthony Geenwood deced ctegoicy tht Bitins min ts ws to iquidte ooniism eithe by gnting independence to numbe o teitoies o by evoving o the othes oms o govement which secue bsic demo ctic ights o the peope but which invove some degee o ssoci tion with this county without ny stigm o cooniism 57 he tte tentive the st whispe o positve soveeignty poved to be impossibe in but vey ew cses nd tite to independence ws duy tnseed to vtuy evey emining dependency egdess o its cpciies o cicumstnces Decooniton hd cesed being substntive entepise imed t sttebuiding nd hd become om ctivty to tnse negtive soveeignty Few o the oicis in the ooni Oice eg deptment duing the quinquennium o its getest ctivity, 959, epotedy thought the new constiuon mewos woud hve ny sting signiicnce Apt om Southen hodesi o the emining Btish coonies in ent nd Southen Aic, whteve thei sub stnce, chieved independence by 968 Most o the numeous nd ny Bitish isnd tetoes in the ibben, ciic, nd ndin ocens cquied soveeignty in the te 960s nd 970s Decooni ton in its fin stages ws septed not ony om considetions o deveopment nd edeship but om most ny empiic conside tons whtsoeve. O the ommonweths 49 membes in 985, 27 hd poputons unde miion nd 4 occupied nd es o ess thn ,sque omees The hiechic pocession o misceneous Bish dependencies o the pst hd ued into n egitn vngud o uniomy emeging sttes with most evey eminng dependency now in the ont n imptienty demnding equ independence nd eceiving it in y shot ode The extodiny chcte o this histoic chnge is cpued in the ems o one o its cose obseves: t s rna n a pst-na age whh has n effet rtualy eeated the state nt ng the nly wdely aepted pta stan dard t reall that great empres n the past the Brtsh nt east regnzed een enuraged pta dersty s that wthn ts apaus and aregated jusdtns were nt nly nes but 97
NDEPEN DENCE BY GT suzerans trutares ondomna protetorates proteted states et Indeed the we ngh unversaty of the am that a erstwhe snge oona admnstratve unts are 'states n posse f not aready n esse and thus endowed wth the potentaty of eomng 'a soveregn state' s one of the most surprsng and rona outomes of ths age of trumphant tendentous antoonasm and of the spawnng of many sma states
Rpid d geerl deoloitio lo hd to be ommodted by rehped Commowelth Mot exBritih oloie ltered or b doed their Wetmiter otitutio rpidly they quired it My beme preidetil republi i theory but perol dittor hp i prtie If they were to remi member of the Commo welth, politil expediey tpulted tht it reeived ititutiol umptio would hve to be give up Ited of oitio of tte hrig ot oly the glih lguge d ffetio for the royl fmily but lo iherite of Britih poitil rrgemet d legl prtie, by the mid196 it w ew orthodoxy to regrd the Commowelth oveiet d very looe d oti tutiolly udemdig oitio lub of rler who ueeded the Britih The effet w to ehe the libertie of ex-oloil over eig who felt uder o obligtio or preure to odut their gover met i term of otitutiol demory d the rule of lw hitorilly udertood by older Commowelth member propheti ey o 'The Coloil Dilemm' publihed i T Lene i 1949 whih w iteded to repod to oloil leder d ew member of the ited Ntio who were demdig or expet ig 'quik reult' from oloil developmet Mrgery Perhm ob erved tht the oloil people let equipped to operte mode overeig tte were liely to hve the hortet ppretiehip mode tterft Thi i beue they re rehig it, ot with the older depedeie beue of itel growth, but mily reult of exterl ifluee d preure whih elerte the movemet to elf-govermet Thi w i ft wht hppeed P C P T O U S D C O O N Z A T O N
The poliy o f preprig oloie for elfgovemet o tht the oloil miio would be vidited w mot lerly evidet i the Britih mpire The other oloil power lked thi trditio d oequety hd diiulty eeig d repodig to itertiol hge whih were begiig to expet deoloitio Fre, i prtiur, hd log operted with the ory ide tht oloilim w preprtio ot for idepedee but for imitio i the 98
PRECPIOUS DECOLON ZA ON
metropolitan community . The British conception was the key to the fate of te European empires, however If the largest and most signifi cant empire was to embark on constitutional decolonization it would establis a precedent wich othr democratic imperial powers could not ignore A small example is the French Trust territory of Togoland wich in
1955 was made into an autonomous republic within the
French Union as te result of Britis decolonization in adjoining Gold Coast 'If little Togoland achieved internal self-government, as John Hargreaves noted it would be difficult to resist comparable reforms in A 0 F [Frenc West Afrca ] 61 But French and Belgian decolonizations were more precipitous and were undertaken with minimal conviction tat successor constitutional governments could be established. They also assumed that after independence some form of close association with teir ex-colonies could be maintained which proved to be the case in regards to many former French dependencies Authoritarian Portu gal was te only colonial power tat completely ignored international condemnation of colonialism and never became reconciled to decolon iation wic only took place after the Caetano regime in Lisbon was overtrown by a militay coup in
1974
The historical policy of France like that of Portugal, was integrative Te Frenc did not officially refer to their empire but instead used the expression
ranc dour-mr
Until
1956 the French could scarcely
conceive of colonies in the British manner as scools for self-govern ment On te contrary, Frenc colonialism involved assimilation rater than autonomy: the development of overseas France as a wole rater tan consttuent units witin it Unifomity and not diversity was te French way Te idea was te education of individ uals in te language and culture of rance and te creation of elites consistng of such indivduals wo could seve in te colonial adminis taton at the igest level Tey could also become citiens of rance and even members of the French govement as a few did Frenc policy as is fequently pointed out at least by Anglo-Saxon commen tators refected te Francophone proclivity for universalism: Wen Montesquieu Voltaie Rousseau or Diderot set out to establis te laws wich should gove uman society they believed that tey were discoveng universal laws wic would apply to all societes ey did not envisage different laws for Frencmen Germans Sene galese or Cinese 2 Altough e could not foresee te policy of assimlaton reacing its logical conclusion by te incorporation of the colonies te metopole in any
definite
developments
1943 ord Hailey saw no indicatons of toward
selfgovement
in
colonies
Frenc
N D E PENDENCE B RGH
I n 946, a a drect ret o f te war rance wa reconttted a te ort Repbc wc at te ame tme canged t reatonp to te coone Te renc Unon wa formed wc nted metropotan rance and te overea department and terrtore Te dncon between
cons
and
sujs
n overea rance a we a oter ega
dabte of coona bect c a forced abor lndgna) were aboed Eected aembe were ao etabed overea How ever te france wa baed on crtera of cvc competence c a renc terac and terefore topped we ort of one peron one vote Coona cten nevertee dd eect repreentatve not on to ter own terrtora aembe bt ao to te renc Natona Aemb atog repreentaon wa mted and tere wa obv o no ntention of aowng overea depte to become o nmer o a to make rance a coon of er coone In te Afrcan terrtore of overea rance n
956 te LoCadr
(framework aw) wa nttted wc gncant extended repre entatve government Back Afrcan eader were nvoved n wrng te Lo-Cadr and one peron one vote wa nttted for te frt me Atog te
Lo-Cadr wa a
ng pont wc gave renc over
ea terrtore man power comparabe to toe anted to B coone drng te temna coona peod tere wa no cear ntenton tat t wod ead nexorab to ndependence n
958 e
ft renc Repbc wa fomed and a n 946, te new conton extended to overea rance Te renc Unon wa repaced b te renc Commnt: a ooer framework wc gave ncreaed aton om to overea terrtore bt not ndependence oregn defence and economc poc wa t controed b ar Te cange tere fore bt pon te LoCadr reform b dferentang beween rance and te renc overea Afrcan tetore wc were reconitted a tate wtn te Commnt T eqvoca arrangement dd not at owever n a referendm on te propoed Commnt ed trogot overea rance te et Acan terrto of Gnea nder te eaderp of te radca Sko Tor voted non and became ndependent amot mmedate n
959 redent Care de Gae
acknowedged te rgt of rancoArcan ate to become overegn and n
960 ever dependenc of rance n bSaaran Arca ac
qred conttona ndependence tn or ear renc coona poc ad been compete overed n Dakar Senega n
959 at a meeng of te exectve conc of te
renc Commnt redent de Gae acnowedged te ndepen dence of Ma formed earer tat ear b te non of Senega and te former renc Sodan and e remarked T tate of Ma w take
ECOU DECOLOZAO
what i s called the status of independence, and what I prefer to call that of international sovereignty . Independence is a word signifying an intention, but the world being what it is, so small, so narrow, so intertwined with itself, that real independence, total independence belongs in truth to no one As if to avoid the stark reality of negative sovereignty signifcant tes providing for military, economic, and cul tural cooperation were retained between Paris and every new Franco phone African state - except Guinea. French financial aid in particular was made available and this continuing external dependency was later reinforced by the close association of the FrancoAfrican states and other former French colonies with the European Economic Com munity under the Lom Convention. They also became associated in Francophoni - a Frenchspeaking parallel to the Commonwealth which included Canada as a major new soure of foreign aid. Decolonization of the Belgian Congo (Zaire) was compressed into what not only in retrospect but even at the time was an impossibly short period, with the major steps frantically taken between January 1959 and June 1960 'It is hardly surprising that it was fraught with disaster, as one historian put it The episode was completely unfore seen until almost the last moment not only by Europeans but also by Africans In July 1955 a leading Belgian commentator wrote: The Belgian Congo is the most prosperous and tranquil of colonies, the one whose evolution is the most peaceful and normal This was, according to Jean Stengers, 'the unanimous judgement of that time In 1950 an African intellectual likewise remarked 'We subjects of Belgium know and understand that it will require sixty or one hundred years, or more, before we shall be ready to be left to ourselves. Eve the man who became the first Prme Minister and martyr of the new African state, Patrice Lumumba, wrote in 1956 that it was too early to say whether the Congo would achieve 'the more advanced degree of civilzation and the required political maturity to enable it to be 'raised to the ranks of selfgoveing peoples . These evolutionary assump tions were abruptly abandoned in the late 1950s. A progressive coalition govement which came into ofce in Bel gium in 1954 initiated tentative political changes in the Congo. But it was planning, along the lines of Brtish indirect rule, in terms of developing African local government In 1957 the first municipal elec tions were held Late in 1955 a leading Belgian professor of colonial law, A. A J van Bisen, shocked his countrymen by proposing a plan of decolonzaon which anticipated Congolese selfgovernment in thrty years upon successful completion of a 'positive process of cre ating capable and responsible Congolese elites and gradually transfer 0
N DEPENDENCE B IGH
rng ontrol o f government to them 9 He emphaszed the hanged nternatonal suaton and the movements for ndependene else where n Afra and onluded that Belgum would not be able to gnore them. Hs prognoss was orret but the tmetable proved utterly mstaken In January 1959, only a year and a half before nde pendene a Belgan workng group stll onsdered that deolonz aton would be a longterm proess. Van Blsens thty years ertanly seemed to them a mnmum . 70 As late as Deember 1959, aordng to Crawford Young the Belgans oneved of ndependene as n volvng ontnued Belgan soveregnty n several key poly felds (defene foregn affars urreny and teleommunatons 71 After the Belgans belatedly awakened to the revoluton of nter natonal legtmay whh ondemned olonalsm ategorally they hastly fell n lne wth the Btsh and the Frenh Belgum was a demoray and a staunh member of the NATO allane When t beame lear that the Unted States and some other demorat NATO alles would not support a prolonged perod of gradual deolonzaton and that Belgum would also be ondemned loudly by the UN General Assembly the govement felt t had no aternatve but to deolonze as qukly as possble. Events n Brtsh and Frenh Afra espealy the ndependene of Ghana n 1957 and even more so the abupt deson of Frane to deolonze n patular the spetale of General de Gaule prolamng n 1958 at Brazzavle wthn earshot of the Congolese aptal that those who wshed ndependene had only to take t undoubtedly provoked the Belgans to dramatally alter ourse If Frane was gong to aept nternatonal demands for mmedate deolonzaton how ould Belgum reet them? TATOAZATO
Followng the seond world war no olonal power ould esape the horus of nteatonal questonng and tsm even f lke Potugal and South Afra t hose not to sten. As noted n the last hapter the UN General Assembly played a entral role n nter natonalzng the sse of deolonzaton and removng t from the sphere of exlusvely domest ursdton of the olonal powers Athough the UN Chater (Atle 73) was rather onsevatve on the ssue of deolonzaton by makng selfgovement subet to rcum stanes and stages of advanement the General Assembly read t dfferently and sought to legslate on olonal questons. A leadng Brazan dplomat and lawyer onsdered that Artles 73 and 74 ds lose the udal phlosophy nherent n the Unted Natons sne they express the deal of unversaty and authoze the organaton 02
I NT E R N A T I O N A I Z A T I O N
o deal syseacally wh he eress ad aspraos of hudreds of los oselfgoveg errores I would be a dsoro of ha deal f hey were o be lef uder he exclusve copeece of he eral publc law of he saes holdg ursdco over he A he rs UN sesso February 94 becae clear ha ay ocol oal powers wished o exed UN superso o erely over trus errores bu over all coloes Morga speaks of he edecy ay uares o cotravee he provsos of he Charer o coloal ssues by seekg o expad s auhorty Ially he leadg coloal powers held eaoal eegs aog heselves he atep o cotrol eaoal polcs o coloal uesos Bu was o easy for Bra ad Frace who had a large role seg up he UN o gore eaoal opo The deocrac coloal powers were accusoed o coductg her ow govees accordg o aorty rule ad foud dfcul o repud ae ha deocrac pracce a he UN cocerg coloal ssues Ieaoal pressure o decoloze creased ul by 9 he eerg g AoAsa bloc ad s supporers Lat Aerca ad elsewhere esured ha acoloal resolutos could o be defeaed he Geeral Assebly The ovehelg passage of UN Resoluto 54 arked he vcory of a far ore expasve readg of he Charer ad cosued effec a ajor revso Fro abou hs te argues o delay depedece o grouds of crcusace were cosdered orally feror o uversal clas o selfdeerao Alhough he pas Bra had publcly voced he eprcal argue ha ay reag errores were lackg pora reuses of depe de saehood, os UN ebers gored such argues or ds ssed he as selfservg aeps o delay grag depedece whch was a ueuvocal good Laer day Burkes could ake o headway agas he philoophe of coeporary eraoal re latos Ratoals had ruphed over eprcs Thereafer he Brsh pragatcally sough o carry eatoal opo wih us as he Labour Coloal Secreary pu 95 The Coowealh also becae a pora vehcle of er atoal pressure for decolozao By he early 9s Brsh Col oal Secreares were reporg o her decolozatio plas ad polces o he Coowealh Pre Msers Ausrala ad New Zealad, whch adsered UN Trus Terrores he Souh Pacfc, also egaged such reporg A he 9 Coowealh Meetg, Pre Mser Nehru of Ida publcly reded hs colleagues ha he 9 UN Declarao was a dcao of he wegh of world opo o he eed o brg coloals o a speedy ed Three 03
I D E E DE C E BY RGHT
sessions o f the
964 meetng of Commonwealth leaders were devoted
to decoloniation British Prime Minister Sr Alec Douglas-Home, although reminding his colleagues that decoloniation was the const tutional responsiility solely of the British govement, acknowledged that it was also a legitmate conce of the Commonwealth Later that year the new Laour Secretary of State for Colonies said he had een appointed with 'the task of working himself out of a jo as soon as possile he egalitarian argument that independence should e granted cat egoricay even if the territory in queston was extremely marginal ecame morally impregnale According to President Kwame Nkru mah of Ghana, it was now the responsiility not only of Britain ut all rich countries to enale his couny and al other poor ex-colonies to develop y providing foreign aid Sovereignty was a right not only to political independence ut also to development assistance afterwards ecause colonialism was not merely political ut also social and econ omic Decoloniaton would not e complete untl the inteational economy was reformed to give less developed countres an equal opportunity to ecome developed his ecame hird orld ortho doxy on NorthSouth issues he political difficulty of arguing for the contrary view that a different j uridical status should e held y mar ginal states unti they were more developed is indicated y a message sent from Canadian Prime Minister Lester Pearson to British Prime Minister Harold ilson in
965 Pearson reportedly expressed 'un
easiness at the unexpectedly rapid growth of the Commonwealth ut realied that to refuse, or suspend such applications would have een 'difficult He suggested that the Commonwealth might recon sider its organiation with a view to memership on a different asis for 'smaller dependent territores Even this very restrained proposal to consider empirical qualificatons in determinatons of memership could not get anywhere in the face of the postulated international equality of all peoples Pearsons s conces reflected the lingering idea of international trusteeship Smilarly, at the
196 Commonwealth meeting Prime Min
ister Roert Menies of Ausalia agreed with the sprit of UN Resol ution
54 ut waed against interpreting it too literally It would e
an act of irresponsiility if Australia were to grant immediate indepen dence to Papua New Guinea whose population 'had reached only the most prmitive stage of civiliation' And in a 963 UN deate the United States expressed the view that 'classical independence might not e suited to small territores Periodically there were serious discussions in British oficial circles conceing the desirailty of cre
N T R N AT O N A Z A T O N
ating the status of 'associated states of the Comonwealth' which would be inteally self-goveg but not fully independnt st It proved impossibe, however. The Commonwealth felt it had to accom modate as a full eber any exBrish Colony which was a UN ember The UN could deny eership to no forer colony which asked for it and acally solicited such requests The positive sover eigny concept of an associate state iplied al inequality which was uterly unacceptale to a word counity that had elevated legal equality to the level of virtually a sacred principle The inteationalizaon of the decolonizaon issue is evident in the ulmately successfl attack on the tradional right of domestic juris diction over colonial territories As noted, the colonial powers legally jused their dependencies y reference to Arcle 2 ( of the UN Charter which prohibits inteention y the UN or any eber state in the doestic jurisdicon of any other meber In the course of the controversy 'domestic jurisdicon' becae a contested concept reflect ing the view taken of the legiacy of colonialis The growg number of ex-colonial embers of the UN and their supporters held that colonial territories separated by expanses of sea water from the metropolitan power were not a legitiate part of its domestic juris dicon The Soviet Union and China needless to say, were also srong advocates of such a view which reoved their suject territories and peoples from ancolonial cricis This concept of doestic juris diction, in contradiction to classical inteaonal law, likewise held that Chapter of the Charter Declaraon Regarding NonSelf Goveng Territories provided the legal foundation for the claim that the UN was constituonally authorized to bring aut decoloniz ation The ain legal defences against this clai were the French and Portuguese arguents that colonial territories overseas were integral parts of the etropolitan state, and the Belgian thesis that Chapter
applied not only to dependent territories overseas but also t o those t home hey failed to ward off the attack on the inteaonal legiacy and legality of such possession Geography was the fatal vulnerability f the first argument Looking at a ap it was difficult to lieve that Angola was an ordinary province of Portugal despite its substantia nuer of Portuguese settlers The sae could even e said of Algeria which, although on a different connent, was in closer proit to France and had a larger setter popuaon In 9 the emergent ancolonial ajority in the UN
secured a General Assembly resoluon stang that Algeria had a right
to self-deterinaon and that the UN had a duty to advance that right Late in the year President de Gaulle conceded the arguent in a 05
INDPNDNC BY RIGHT
speech i n Agers It is vain t o pretend that i t [Ageria] consttutes a province e our Lorraine . . . It is so vain that it is not worth saying because it is not ue It is something ese, it is an Agerian Algeria In subsequent resoutions, as I indicated in chapter 3, the UN repudiated the ega ground of cooniaism in domestic j urisdiction This was simutaneousy an affirmation of the cuent doctrine that coonia powers have no vaid caim to sovereignty over nonsefgoverning territories beyond ther metropoitan bounds, regardess of whether they ca them coonies or provinces . India was successfuy abe to use this caim to j usfy its sezure of Portuguese Goa by force in
1961
against Portugas counterca that it was a victm of amed inter venon Ths egitimaon of the internationa use of force for the iberaon of coonized peopes was subsequenty affrmed by a series of UN resoutions conceng Portuguese Africa and Rhodesia The Bean thesis is more teling because it discosed the ambigui ties and hypocrsy in the decoonon argument Numerous inde pendent countries contain nonsefgoveng territora groups which may or may not be permitted to participate constitutonay and equay in the poica life of the ruing communy Domesc ega and administrave arrangements of a pateast knd sometimes exist for deaing with them such as the speciaized aws, bureaucraces, and poicies by which American, Canadan, and Austraian govements have historicay rued aborgina peopes In some cases they are vicms of poica or economic oppression by the dominant com munity Legimate and ndeed awfu inteationa conce for the wefare of such groups was established under the Covenant of the League of Nations and some inteaona organzaons, including the Inteaona Labour Organizaton (ILO) and the UN Educationa, Scientific and Cutura Organizaon (UNESCO), regard them as within the same category as coonia inhabitants Canadian aborig ina eaders have from me to me brought their demands for sef determnation to the attention of the UN One is songy tempted to concude, therefore, that the Begian thesis in parcuar had to be rejected because it probed the intea cooniaism of too many exist ing ndependent countries, deveoped and underdeveoped alke This was of course the appea of the argument from the Beian viewpont but it backfired because the numerous states to which it appied were determined to deny it To have done otherwe woud have opened a Pandoras box Most new excoonia states in parcuar had to reject an argument whch would expose them to demands for sefdeterm naon by the usualy numerous ethnonationates they contained Inteaonalization was most dramaticay evident in the decoonz
I T E R A T I O A I Z AT I O
ation o f Portuguese African territories (Angola, Mozambique Guinea-Bissau) and Southe Rhodesia (Rhodesia cum Zimbabwe) . Portugal did not become a U N member until 955 and subsequently argued that Article 3 of the Charter did not apply since as indicated, her African territories were integral provinces of the metropole. After the 9 UN Declaration which in effect passed censure on Portugal and the successful expropriation of Goa by the Indian amy this argu ment could no longer be sustained. Lisbon's NATO allies deserted her on the issue. During this period Portugal very nearly became another Rhodesia or South Africa in terms of inteational legimacy: an out cast under UN censure. In a series of subsequent resolutions the world body mounted a normative assault on Portuguese colonialism which undoubtedly contributed to its eventual demise Resolution 2 9 condemned Portuguese denial of the political rights of the indigenous population' as a crime against humanity' and appealed to all States to give the peoples of the Territories under Portuguese domination the moral and material support necessary for the resto raon of their inalienable rghts' . Resolution 33 93 confirmed that colonialism was a crime', that armed struggle for selfdetemination was legitimate and that any attempts to suppress the struggle were conay to the Charter and 'a threat to inteational peace and secur ity'. Portuguese resistance to decolonzation therefore served as a major opportunity for internaonal society to repudiate colonialism totaly and explicitly. From serving as an agency of civilization less than a centuy before colonialism had become not only morally repug nant but also a cime against humanity. The unversal condemnation of the Ian Smith regime flowed directly and powerfully om this new doctine of inteational legitimacy Rhodesia after its white settlers' Unilateral Declaration of Indepen dence (UDI) from Britain in 965 is therefore a teling instance of th ascendancy of negative sovereignty in decolonization. Since 93 it had been a selfgoveng colony' under the control of European settlers durng which time British authority was minimal. It was nevr part of the dependent empire but was a sot of semidominion nder the Dominions Office The day after UDI, however Britain abandond its earlier argument that intervention was forbidden by Articl 7 of the Charter and called upon the UN to intevene on the grons tat an illegal ovement based on white minoity e was a f world conce. The Ian Smith regime was universally denied rcog nition even by South Africa despite the fact that it satisied citeia of positive sovereignty in the determinaton of statehood for more than ten years. The Rhodesian courts accordingly held that since the Unitd 07
I N DE E N D E N C E BY RIGHT
ngdom had los s effcacy he regime was he soveregn gove men. Even Brians hgh cour he Judcal Commee of he Prvy Councl ruled ha was mpossble o predc wh cerany wheher o no Briain would regan s soveregn conrol James Cawford remarked a he ime There can no doub ha f he radonal ess fo ndependence . . . applied Rhodesa would be an ndepen den sae Despe he fac ha Rhodesa dsclosed adonal chaacerscs of a soveegn sae a leas for mos of s exsence was univesally dened recognon. Insead he prncple of no nde pendence before majoriy African rle (NIBMAR) prevaled songly suppored by Brian he Commonwealh and he UN. Rhodesa was moally repugnan o he ineaonal communy of he lae wen eh cenury and in he end ha proved decsve n s downfall Crawfd concludes The proposon ha saehood mus always equaed wih effecveness s no suppored by mode pracce . . . a new le has come no exisence pohbng enes from claming saehood heir creaon s n volaon of an applcable righ o selfdeerminaion. Tha rle s negave soverey.
5
S O V E R E I G NTY AND D EVELOPMENT
T H DSTTT A G OF TH T H R D W O R L D
he way w e hn abou nenaonal elaons oday s srongly nluenced by a pcue o he wold as shaply dvded be ween a ch and echnologcally advanced Noh, and a poo and bacwad Souh he NohSouh cleavage vals and nceasngly supasses he EasWes conlc as a domnan pecepon o he conempoay nenaonal sysem hey ae caegocally deen, howeve he lae could be gealy mgaed by ageemens beween he ned Saes and he Sove non o educe he ams and ncease he dalogue and ne couse Alhough s no ye a ceany, he end o he EasWes conflc whn he oeseeable uue s enely concevable happens one saesman, Mhal obachev, can ae a lage shae o he ced No such saemen can be made abou undedevelopmen whch s no a poblem o he same nd s no a dspue whch can be esolved by dplomacy and nenaonal ageemens nsead, s lely o pess ndenely snce s a condon deeply ooed n economc, socal, culual, and even psychologcal acs whch ae exceedngly dcul o ale even wh he geaes good ll s no a queson o honoung ones commmens Even m ageemens wee made beween ch and poo saes amed a ameloang unde developmen by nceased anses o nance and echnology, hey pesuppose peomances on he pa o hd Wold govenmens whch could no be guaaneed hey could no because hose goven mens ae hemselves undedeveloped and heeoe pa o he pob lem hee could be no assuance ha he anseed esouces would be pu o use ecenly and popely because s no ye whn he capacy o such govenmens o do hs he NohSouh cleavage consequenly s lely o be a pedomnan eaue o he nenaonal landscape o decades o even geneaons o come hs global socoeconomc dvson has exsed snce he me Euope
S O V E RE IG TY A D D E V E L O P M E T
egan o oudiance ohe pa o f he wod in am echnoogy cience poiica economy and eaed phee of human endeavou Lae 'he We' wa dened y i upeioity in hee aciviie Duing he coonia ea howeve deveopmen and undedeveop men wa a domeic ahe han an inenaiona iue if i wa an iue a a Decoonizaion heefoe did no ceae he NohSouh gap which ha een in evidence fo evea cenuie nead i inenaionaized i ju a a cenuy ago Wee impeiaim inena ed i Thee epiode ao dicoe he caegoica diffeene noed aove: wheea he gap coud e coonized and decoonized meey y he and ageemen of ae i canno eiminaed in hi way ecaue i i no a dipomaic o ega poem a a Eaoae aica documenaion of he NohSouh gap i avai ae oday in epo of vaiou oganizaion ineaiona and naona puic and pivae The Wod Bank aone puihe vaiou udie which decie and inveigae in deai he compaaive ank ing and pefomance of a epoing counie accoding o a wide vaiey of ocioeconomic indicao 1 Thee daa evea a coninuing and in ome cae widening guf etween he induia make econ omie of he Noh and he agicuua o pimay commodiy econ omie (moy) of he Souh n 9 fo exampe he annua GNP pe capia of he wod' iche counie of Wee Euope Noh Ameica and Japan wa appoximaey $3,000 wheea ha of he pooe counie of Afica and Aia wa unde $300 Even he uppe middeincome' economie of Lain Ameica and ome pa of Aia egieed on aveage ony aou onefh of he pe capia income of he ich economie Thee daa ae widey acceped a vaid and ee a he empiica foundaon of he NohSouh pecepion Ahough ome counie and paicuay he ocaed Newy nduiaizing Counie (NC) of Aia have achieved vey impeive ae of de eopmen in he a decade o wo and we houd no ue ou he poiiiy of imia deveopmen eewhee he eadh and deph of he goa ocioeconomic gap emain moe o e a i wa a he ime of decoonizaion and i iey o pei indefiniey Thi fundamena diviion fom he ai of a new undeanding of he wod Since ome countie ae aeady deveoped i i uuay aumed ha a counie a ea in pincipe can eaonay hope o achieve hi goa i ao commony poied ha he knowedge equied o ing hi aou eihe exi o can e acquied n he pa hiy yea enomou effo and eouce have gone ino he ce aion and appicaion of a new deveopmena aecaf Today hee exi an ineaiona knowedge egime focued on poem of 0
THE D E STITTE I M AGE O F THE THIRD ORD
underdevelopment tat s emboded n numerous and stll prolferat ng tecncal and socoeconomc agences nteatonal and natonal publc and prvate Altoug te results of te global development enterprse n general ave been dsappontng so far tere s no doubt ng tat a sgncant body of knowledge as been brougt nto exst ence very largely n response to te emergence of numerous underdeveloed countres Most studes of development are not merely descrptve accounts of te gap between te rc and te poor or tecncal-economc proposals for reducng t Tey are also prescrptve Not only are under developed states acknowledged to exst but underdevelopment s gen erally regarded as unacceptable and even unconsconable. Moreover underdevelopment s consdered to be a problem not merely of te underdeveloped countres temselves but also at least n part of te nteatonal communty and partcularly ts rcest members. Ts reasonng upsets te tradtonal practce and teory of nternatonal econoc relatons. n te past ndependent states were responsble only for ter own wealt and welfare and nternatonal law merely acknowledged ter freedom to promote t wtout exteal ndrance f course, governments (sometmes) recognzed tat certan nter natonal rules suc as recprocty and nondscrmnaton n matters of trade were generally more favourable to natonal development tan was protectonsm or oter forms of econonc natonalsm Ts as evdent n te General Agreement on Tarffs and Trade (GA) nau gurated by nteatonal socety n
1947 wc ams at elmnang
dscrmnaton n nternatonal commerce by reducng tarffs troug recprocal trade agreements. But some soveregn states were not under any oblgaton to actvely and substantally assst oters on a
ecpoc bass
non
Tday ts s no longer entrely te case. Te evolvng
Law of te GATT now recognzes tat all ts members are not economcally equal and tat among unequal partes te prncple of recprocty does not obtan 2 Te dfferentaton of soveregn states n terms of dvelopment and underdevelopment as consequently ad an mpact on te practce and teory of nternatonal relatons Soveregnty and development ave been dvorced largely as a result of decolonzaton and de velopment as become an nteatonal expectaton or goal Trd World states advertse ter overty and demand te nternatonal communty and partcularly ts rc members assst tem to develop ter economes and rase te lvng standards of ter populatons. And te latter respond wt nancal and tecncal ad or debt relef belevng n many cases tat tey are under a moral f not a legal
S OV E RE GNTY A N D DEVEOPEN
obgation to d o so lthough the resources transferred in this way are sll a tiny fraction of global wealth this is a noteworthy eergent inter national nor Sovereignty therefore has a novel character nowadays every sovereign goveent possesses negative rights of noninter vention but soe assert additional positive rights or at least deands of external aterial support This is not only unprecedented in the annals of the statessyste but is also a real dilea in the norative structure of conteporary inteational relations as I indicate below In su the NorthSouth division is reflected in an eergent regie of internatonal organization aid law and ethics here has been a rearkable expansion of inteational organization to support under developed countres oreover inteational transfers of finances and technology and refor of the rules of the international econoy to aid Third orld states to develop is accepted in principle even if there is as yet liited agreeent in pracce It has been argued that 'the Third orld is the creation of foreign aid without foreign aid there is no Third orld 3 This is a partial although distorted truth for the Third orld would exist without foreign aid but its existence has led to the necessity and orality of foreign aid There have also been efforts to articulate inteational developent law based on positive rights of states as contrasted to traditional econoic law grounded in reci procity and contract The existence of destitute states challenges the classical rule of reciprocity in international econoic affairs precisely because such states cannot reciprocate and are still in a condition of dependency in econoic if no longer in political relations with other states Soe ethic of positive assistance sees necessary These novel postcolonial arrangeents are consequences of the existence of nuerous quasistates NT N T O N L D V L O M NT S S ST N C
I n recent decades a n elaborate inteational superstructure has been built to cater for the socioeconoic needs of underdeveloped countries This supportive regime is in spirit with our age of social engineering but it is unprecedented in the history of the odern statessyste which hitherto has been concerned only to respect the freedo of credible sovereigns large or sall It is the unusual if not paradoxical instance to borrow an iage o arxis of an inter national 'superstructure attepting to shore p natonal 'substruc tures' on Third orld peripheries of a new egalitarian society of states Having recognized the sovereignty of excolonial peoples the inter national counity is now endeavouring to provide the with the furniture and equipent of statehood 2
INTERNATIONAL D E V E L O P E NT A S SISTANCE
We take this inteationa feature for granted but it was amost unknown before the ast word war. Athough the League of Nations was conceed about the adverse socioeconomic circumstances of mandates most underdeveoped territories were sti under the dom esc jurisdiction of coonia powers ho retained excusive responsi biity for them. The internationa community was not then invoved in their deveopment athough some wanted it to be and British Coonia Deveopmet and Wefare Acts, as indicated were responses to the trusteeship idea that mandates and by impication reguar coonies shoud be provided with socioeconomic assistance for the benefit of their inhabitants Even at the founding of the N itte attention was given to deveopment as an inteationa issue which was indeed amost certainy not at that time foreseen 4 n 945 the probem was to restore the word economy and particuary the European economies which had been devastated by war The Marsha Pan which invoved massive transers of nancia and technica aid from the nited States to Europe had this aim. But this was reconstruction of aready de veoped economies The probem of underdeveopment was then sti argey an imperia responsibiity By 9, however it was beginning to riva war and peace as an inteationa issue ndeed it was seen as a major underying cause of war We have before us now a brand new dipomatic probem of vasty greater dimensions than anything previ ousy incuding the Marsha Pan for European economic recovery5 These are the words of a Word Bank President writing at the moment of change in 9 The probem has preoccupied the community of states ever since Once that community began to admit a arge number of under deveoped members thei predicaments were bound to become inter nationaized As imperia operations were wound down internationa organizations were expanded or buit to take over many of their tasks athough not direct administration of course n some eximpeia states coonia operations were converted into ministries concerned with deveopent probems of former coonies. Today deveopment is a continuous preoccupation of numerous inteationa organizations incuding virtuay a N bodies the MF the Word Bank the EEC the Commonweath Francophonie, vaous regiona inteationa organizations in Asia Africa and Latin America internationa de veopment agencies of industria countries and countess nongovern ment organizations (NGOs The N system aone consists of sundry speciaized agencies conceed in one way or another with probems of underdeveopment. N bodies which originay had universa aims have tued their attention to underdeveoped countries LO FAO 3
SOVEREIGNTY A N D D E V E LO P E N
ECOOC UNEC Addtonal organzatons concerned speccally wth Northoth sses have been ostered under UN auspces Asan Development Bank Arcan Development Bank, UNCTAD, UND UNDO ECAFE, ECA ECA The polces o the MF an the Word Bank have become undamentally nvolved wth the monetary and scal problems o Thrd World contres A responsblty once boe almost entrely by colonal powers at a ar lower level o materal spport s carred out today not only by the nternatonal commnty at large bt also by every developed country ncldng many whch were never mperal powers an bear no hstor cal responsbty or colonalsm. Bateral nteatonal development organzaton has expanded enormously all develope states ncludng every member o the Organzaton or Economc Cooperaton and Development (OECD), some members o the Organzaton o et roleum Exportng Countres (OEC) and the Sovet Bloc an also Chna have establshed nteaonal evelopment agences or pro grammes Althogh the expanson o postve nternatonal organz aton slowed n the 980s t has been aster than the growth o natonal govements whch themselves expanded more rapdly than natonal economes overegnty has gven Thrd World states global nsttutonal stand ng nence and support Ths was noted by Martn Wght as t was happenng The exstence o the Unted Natons has exaggerate the nteatonal mportance o the have-not powers, enablng them to organze themselves nto a pressure grop wth much greater dplo matc and propagana weght than they would otherwse have ha ' Mohammed Bedjaou pts t as ollows The advantage o beng a member o an nteatonal organzaton and profitng rom t s gong to prove as mportant as belongng to a trade unon or proessonal organzaton wthn an nustral State. Bt ths mples an actvst orm o nteatonal organzaton whch s radcally erent rom anythng that has exsted beore Thrd World states have radcalzed nteatonal socety by ntro dcng colectvst deologes and goals that challenge classcal postve soveregnty doctrne partcularly n the area o nteatonal econ omcs The pressre group' whch Wght sceed as t was ormng has become a major coalton o Asan, Arcan atn Amercan, Oceanc and even a ew East European states, such as Yugoslava The first UNCTAD (9) expressed novel global economc emans whch postlated postve enttlements o poor states A new Group o 77 nonndustral countres, whose membershp by 989 ha ncreased to 28, became the collectve expresson o the ndereveloped world n 4
I N T E R N T I O N L D E E L O P M E NT S S I ST N C E
intenationa eations Subsequenty a t UNCTAD confeences, at specia sessions of the UN Genea Assemby on NothSouth e ations, and at vaious inteationa gatheings the new doctine was famed and eiteated in a seies of esouons pomoting the ceation of a New Inteationa Economic Ode (NIEO) to povide distibutive jusce fo the Thid Wod The compaative povety of many states and the esutant gap which divides the gobe between undedeveoped and deveoped counties undeines the ugency and egitimacy of inteationa aid which has found expession in the pincipe that the industiaied counties shoud annuay contibute 07 pe cent of GN to the ess deveoped states Athough most deveoped counties have not met this stan dad, few if indeed any ae pepaed to disavow the moa pincipe invoved Annua oficia deveopment assistance fom OECD coun ties inceased amost sixfod in constant cuency vaue fom a tota of ,480 miion in 1965 to $6,497 miion in 1986. As a pecentage of dono GN this anged fom 0 22 fo the United States sti the agest dono contibuting $9,95 miion to a high of 1 4 fo Noway, with Sweden, Denmak and the Netheands a exceeding 1 pe cent GN and Fance coming neaest to it among majo donos (0.82 pe cent) Japan in 1986 was the second agest dono afte the US at $5,761 miion (0 pe cent GN) but as a esut of the inceased stength of the yen and a chaning intenationa poicy by 1989 was emeging as the eading foeign aid benefacto Athough the suppy of intenationa aid disbused is a sma faction of the budgets o ich countes, t nevetheess is a significant tansfe of esouces fo the smaest and pooest economies of Thid Wod peipheies, such as those in pats of South Asia, most of subSahaan Afica and much of Oceania . Moe than haf the membes of the UN eceive socioeconomic aid Vituay a economies cassied by the Wod ank as ow-income and some owe midde income as we (about foty counties in a) ae majo ecipients of pubic and pubicy guaanteed extena capita. Many of the pooest economies especiay in subSahaan Afca ae unabe to attact substantia pi vate investment whih diminished amost to nothing in the 1980s If inteationa deveopment assistance wee not fothcoming they woud have no extena souces of inance whatsoeve This pospect is moay unacceptabe in todays intedependent wod Aid dependeny is evident in the debt pediament of many hid Wod states Accoding to the Wod ank the extena pubic debt of undedeveoped counties a a pecentage of GN inceased shapy between 1970 and 1986 Some undedeveoped counties have extea 5
SOVEREIGN AND DEVELOPMEN
debts that exceed their GNP During British decoonization it had been assumed or at east hoped that by the time of independence an ex colonial state woud be abe to borow on Western capital marets in London or New Yor However this proved impossible when many colonies became independent before they were financialy viabe f private foreign investment is ot forthcoming presumaby there are no nvestment opportunities no real economies propery socaed Public inteationa aid both grants and loans becomes necessary if such countries are to enoy any investment at a Here is a nove ind of state whose prospects of deveopment are determined significanty by nteational handouts and bailouts This indicates a party wefare world rather than a purey business world and the necessiy of a new system of inteational fnance resing on assumptions which differ om those of cassica capitaism The reverse of this picture of internaona aid deserves comment or the 1980s there was a net outflow of public and pivate capita from many Third Word states to the industria countries and this i continue in the 1990s uness the rues of inteationa financia obi gation are changed Payments on loans repariated capita royalties and the ie constitute transfers that can exceed foreign aid disburse ments moving in the opposite direction One can even spea of the decapitaization of countries that are suffering a continuing longtem net loss of capita in these ways This often resuts from the fact that past loans were used for consumption or unproductve investments and now have to be repaid ith no gain in production to nance it Snce such capital movements between states are consistent with the logic of inteationa capitaism this phenomenon woud seem to con tradict any argument about the signifcance of international wefare What it realy indicates however is the extreme socioeconomic depen dency of some states and usualy the economic ismanagement of ther govements aso The concept of decapitalization is normaive as we as descriptive it is an evauation of nancia relations beween countries of highy unequal capacities and resources which are deemed unfair to the weaer This rests on the assumption that poor stes should not be expected to pay by the same rules as rich states Such reasoing has been discosed in demands for debt reief (as discussed below p 127) This thining sees a a minimum to mae underdeveoped states exceptions to some ues of the iberal economic order and at a maximum to devise new rules and perhaps a new order with their circumstances and predicaments expicity in mind inancia ansfers beween counies amouning to many biions of doars annualy which cannot be ustied by commercia prospects 6
I T E R A T I O A L D E E O P M E T A S S I ST A C E
must b e justfied i some othe way The 969 Repot o f the Com missio o Iteatioal Developmet set up by the Wold Bak ad chaied by Leste Peaso saw the desiable elatioship betwee developed ad developig coutes as expessig the ecipocal ights ad obligatios of doos ad ecipiets Doo govemets should be cosulted i mattes of policy ad be assued that thei fuds will be allocated accodig to ecoomc citea I etu, ecipi ets should be etitled to a pompt ad steady flow of aid which would suvive chages of govemet shot of extee tyay o fiacial esposibility Thee is evidece i these emaks of positive sove eigty thikg based o taditioal oms of ecipocity Peaso was a Libeal Pme Miiste ad also a libeal But thee is also a assump o of iteatoal obligatio to gve ad etitlemet to eceive aid Fo the Peaso Commissio the justficato of iteatioal develop met assistace was moal as well as ecoomic ad the moality was ew The 980 Repot of the Idepedet Commissio o Iteatoal Developmet Issues ude the chaimaship of Willy Badt a Social Democatic Chacello ad also pobably a socialist wet much fathe developed states should ot make the exteal assistace deped o taditioal libeal values of meit o deset The moal issue was lage tha meely the efficiecy ad esposiblity of idi vidual southe govemets A efomed if ot a ew iteatioal ecoomic ode was ugetly eeded to accommodate both Noth ad South o a equitable basis The iteatoal debate o develop met at the theshold of the 980s deals ot just with "assistace" ad "aid" but with ew stuctues Such a pocess of estuctuig ad eewal has to be guided by the pcple of equal ghts ad oppotutes Behid Badts emaks about stuctues is a as sumpto that states ejoy ot oly taditoal ights of soveeigty but i addito socioecoomic etitlemets to a equitable shae of global esouces ad oppotuities The existece of legal equality seems to imply ot oly the desability but also the ight of evetual socoecoomic equality Hee is the implicit if ot ideed explicit image of a emeget wold ecoomy with a sigle ogaato of poduc to ad distbuto ot ulke the usual macoecoomic image of a atioal ecoomy i which tasfe paymets fom ch to poo ae
both ecessay ad justifiale This is a omatve shit fom classical libeal ideas of commutative justice based o ecipocity towads dis tibutve justce ecessitated by the goss mateial iequalites of states The taditioal positve soveeigty assumpto that all states ought 7
S OVEREIGNTY A N D D E V E L O M E NT
to subject to the same pefomance ctea egadless of develop ment o any othe dsablties has become deeply contovesal. he pincple of ecpocty was challenged by the NIEO n the ealy 17s. It s at the cene of debate conceing ntenatonal development law and hd Wold debt. he Chate of Economc Rghts and Dutes of States adopted by the UN eneal Assembly n 174 s an eplct affimation of socal justice n ntenatonal economc elatons affect ng the hid Wold In caling fo a educton of global nequalites and claming that t s the esponsblty of the ntenatonal communty to povde the means of hid Wold development the statessystem s beng conceved n a dffeent way that ases many questons about the tadtional ules of nteatonal elations.
NTRNATONA DV OPMNT AW
he bth of one hunded soveegn states has unsettled nte national law All s n flu. Even the souces of ntenatonal law ae changng Recent decades have seen unpecedented legal actvty among developed and undedeveloped states nvolvng numeous Declaaons Fnal Acts Jont Communqus Memoanda of Undestandng
Codes of Conduct
udelnes entlemens
Ageements Aangements (such as IMF Standby Aangements) and much else. Although the stict legalty of these enactments s debated they would not command the effot and attenion they do f they wee nothng but mee scaps of pape whch they ae cetanly not 1 he hd Wold as one Mooccan schola puts t s the beae of a democatng tendency n ntenatonal elatons and wll eecse an inuence on the evoluton of nteatonal law n the dection of a geate equalty of oppotunty and of a bette potecton of undepiv leged counies 19 One esult s a fomatve and conovesal nte national law of development . As indcated the law of naions continues to dsclose an ageold peoccupation wth modeating and egulatng the elatons of nde pendent states. he polfeaton of new soveegntes has not alteed this ealty hd Wold govements asset the tadtonal lbetes of soveegn states. hey ae vocal and passonate advocates of nonnte vention and have no dese to epudate the _classcal law whch up holds the soveegn mmunty. Howeve as they see t stct adheence to unvesalty and ecpocy n economc elatons ne glects thei specal ovedng poblem of undedevelopment. hey ae n no poston to agan wth deveoped states on a ass of ec pocty. (hs s an nveson of the adtonal Euopean clam that 8
NTERNAT O N A L D E V E L O P E NT L A W
nonWs rulrs would no rcroca and sould rfor b subjcd o colonal domnaon ) Ty bl s ncssary o sab ls nw norms of rfrnal ramn wc comnsa for r dsadanagd oson n naonal conomy (Ts s an n rson of mralsm and colonalsm ) Ty consqunly mak unrcdnd clams o sococonomc nlmns c noull ra jurdqu qus ngal conomqu ds Eas Jus as mn ors n Und Sas and or Ws dmocracs a mad us of domsc aw o adanc msls Trd Word as rsord o naonal law n s ursu of sococonomc dlo mn and jusc: nr bfor a so many ras bn adod nr a suc rcs nrnaonal lgal rus bn agrd uon and nr as naonal law bn mor frquny nokd an s nowadays Nw nrnaonal norms of dlomn a bn arcuad wc confound os sorgny assumons of as Casscal nrnaonal aw consss n unrsal rus of rcrocy among sorgn sas dmd o b caabl and rsonsbl agn cs Ts rus accordng o Gorg Scwarznbrgr nclud rcog non consn good fa nrnaonal raby frdom of sas and slfdfnc Ts ar good conduc rqurmns wc do no rqur nrnaonal asssanc of any maral knd As nod rously y ar nga bcaus y forbd nrnon and dscrmnaon n raons bwn sorgn sas Ty os sas as abl ns and ar ndffrn o r sococonomc condons Ty do no rfor a o b os and consruc msls nrnaona raons dd no uror o nra byond sll of domac nrcours no conomc and socal ascs of os a da w ac or as uns 3 Ts s nga logc of nrnaona
liez-ie or ee tde
T caracrsc faur of nrnaonal dlomn aw s lmaon of rcrocy and xnson of rrna ramn for a slc cagory of undrdlod counrs oss counrs wc ar no n a oson o rcroca on an qual bass w dlod counrs ndd y rqur naonal rus a njon d od sas o asss m maraly Ts s os logc of i
tde wc
dsnguss bwn srong and wak n nr
naona conomc raons and gs rfrna ramn o ar Accordng o a rcn obsr 'wa srks on as scal abou law of dlomn s a moss on duybound Sas os obgaons o do cee, and no mry o absan from dong 4 T rason for suc consrucs nrnaona oblgaon s 9
S O V R I G N T Y A N D D V O P M N T
th mgnc of a nw class of stats whch cannot compt und classca lasszar uls B.VA. Rolng and Wofgang Fdmann w phaps th fst to thoz ths mgnt stuctu of noncpocal ntatona law. Aady n 1 96 Rong dscd a movmnt fom an od nt natonal aw of bty' to a nw 'ntatona law of wlfa'. Th fom s consstnt wth a ba conomc od whch maks po vson fo muual adjustmnts amongst mo o lss uay dvopd stats Th att, howv, by actv ntvnton n ntatona trad and financ and by ntatona conomc dstbuton sks to assst stats to nhanc th wfa of th populatons. Rong con cuds 'Th wold communty s bound to bcom a wfa com munty, just as th natonstat bcam a wlfa stat. '2 Fdmann n 1964 lkws dtctd a shft n ntnatonal lgal noms 'fom an ssntay ngav cod of us of abstnton to postv us of coopaton' whch s an voluton of mmns sgnfcanc fo th pncps and stuctu of ntnatonal law' .26 Intatonal dvop mnt aw daws an pct dsncton bwn ngav and posv sovgny. Accodng to on Thd Wod commntato 'Th pn cpl of sovgnty n aton to ntatona dvopmnt noms s not uatd wth m potca ndpndnc, but ncopoats substantv conomc sovgnty . . . may th pncp of slf dtmnaton has an conomc contnt. '27 In oth wods, ndpn dnc cannot b complt unt a stats hav acud posv sov gnty and that can ony b mad possbl by fom of ntatonal atons and law aong ths ns. om gal schoas ocat th soucs of ntatona dvopmnt aw n th N Chat, ncudng Atc 1 whch spaks of nt natona coopaon to sov conomc poblms, Atc 55 whch fs to th pomoton of 'hgh standads of vng, ful mploy mnt, and condtons of conomc and socal pogss and dvlop mnt', and Atcl 56 by whch 'al Mmbs pldg thmsvs to tak jont and spaat acton n coopaton wth th Oganzaon' to achv ths standads. Gnal Assmbly Rsoluons such as th obgaon of ch counts to tansf 7 p cnt of th GNP to poo counts n th fom of pubc fnanca ad a addtonal soucs. Th Intaonal Covnant on conomc, ocal and Cuua Rghts, th N caaton on th stabshmnt of a Nw Intaona conomc Od, and th Chat of th conomc Rghts and uts of tats a also dntd as foundatons of ntnatonal dvopmnt aw On ths vw th N systm has a fa wd wokng concpon of nt 20
I NTERNATIONA DEVEOPMENT AW
national peace than all precedng systes snce t s preoccuped not oly wth preenng war but also wth reong the attributed under lyng sources of nteational conflct such as colonals and underdeelopent. A different and ore copellng arguent has been adanced by Mohaed Bedjaou a Tunsan legal theorst and eber of the Inteaonal Court of Justce29 Bedjaou rejects the ew that nter national deelopent law s dered prarly fro the UN Charter because international deelopent was stll a nascent dea n 1945 The authentic source s the prncple of selfdeternaton whch he con sders to be the legal foundaton of an entrely new postcolonal inteatonal socety that has resulted fro the antcolonal reoluton of the Thrd World he open ommuny of today whh has replaed the 'losed ommunty of yesterday owes ths dstngushng feature to the selfdeermnaton of peoples Wthout self-determnaton there s no ontemporary nternatonal ommunty hus self-determ naton elongs to the j ce he rght to development flows from ths rght to selfdetermnaton and s of he me kd or t s pont less to aknowledge self-determnaton as an overrdng and preemp tory prnple f we do not smultaneously aknowledge a 'rght to development for the people whh has determned ts own future hs rght to development annot other than an asolute nherent ult-n
rght
nextraly
enshrned
n
the
rght
to
self
determnaton
In other words the soeregnty of the Thrd World presupposes a new nd of nteatonal county n whch selfdeternaton and deelopent are entaled prary legal nors. A Thrd World state has a rght not only to poltcal but also to econoc soeregnty to be aster n ts own house. Here s the nternatonal eualent of poste lberty. The rght to permanent soeregnty oer natural re sources proclaed repeatedly n UN Declaratons and esolutons s consdered by Bedjaou and any Thrd World legal scholars) to be the paradg enttleent of nternatonal deelopment law lned drectly to the ju cogen of selfdeternaton whereas soe scholars consder t erely to be n ttu ncend) Conseuently nteatonal proclaatons whch embody ths rght such as the UN General As sebly Declaraton on the Establshment of a New Internatonal Econ oc Order are endowed wth specal legtacy and legalty and are therefore authentc manfestatons of nteatonal law. The contro ersy aong lawyers whch ths ew of nternational legalty pro 2
S OERE IGNTY A N D DEELOPMENT
vokes i s not m y conce The ssumption tht Third Wod sttes clim speci rights to deveopment which deive fom sefdetemintion is of cruci interest howeve Pehps the cerest expression of this ssumption is the Chter of the conomic Rights nd Duties of Sttes which denes intention entitements t the cente of the N3 Among its key povisions re the following Artice 10 which observes tht l sttes e 'uidiclly equ nd therefoe possess 'the ight to pticipte fuly nd effec tivey in the intetionl decisionmking pocess in the solution of word economic fnnc nd monety poblems . nd to she equitby in the beneits esulting theefom Article 14 which c knowledges the duty of 'evey Stte to promote the welfe nd iving stndds of ll peopes nd 'in pticu those of deveoping coun ties; Artice 18 which clls upon 'developed counties to extend n impoved nd enged 'system of genelied nonecipocl nd non discimintoy tiff pefeences to the developing countries nd to 'give serious considetion to the doption of other differentil mesues to meet . development needs of the deveoping coun tries; nd finly Aticle 22 which uges ll sttes to pomote 'incesed net flows of el esouces to the developing counties nd to expnd 'the net mont of fnncil fows fom ofcil souces to developing counties nd to impove the tems nd conditons theeof This ctvist doctine is fundmentlly t odds with the
laieaire postu
tes of clssicl intention lw wyes continue to debte the usticiblty of interntion de veopment w Whethe it is lw o only molity lw in ee o meely
n poe, is ess impotnt howeve thn its signifcnce s nomtive fetue of intentionl eltions. And the fct is tht development norms commnd widesped egd not only in the Thid Wod but elsewhee. Athough their legl bsis is stl contoversil they cnnot be ignored . ven moe signicnt o the puposes of this study is the dilemm between positive nd negtive soveeignty tht this norm tive fetue hs povoked Wtng t n ely stge Roing nd Fred mnn foesw the new stuctue of positive coopeton gdully displcing the old egime of bstention nd libety nd therefore resulting in totly chnged intetionl mol nd legl ode. nsted wht ppes to hve hppened is the fomtion of dual system of intentionl legitimcy nd egity. This is eveled in the
concurrent
pctce of cknowedging the speci clims of mginl
Thid World govenments to pefeentil nd noneciprocl ssistnce while especting thei universl nd recipocl ghts of noninter vention . t is expressed explicitly in Atice 17 of the Chte of the 22
I NTERNATIONA DEEOPMENT AW
Economc Rghts and Dutes o States whch nokes 'nteatonal cooperaton or deelopment' as 'the shared goal and common duty o a States' but declares n no uncertan terms that eery state should etend 'acte assstance' to deelopng countes 'wth strct respect or the soeregn eualty o States and ree o any condtons dero gatng rom the soeregnty' 3 The perpletes whch result are edent n the rules o the GATT snce membershp n that nternatonal tade regme was etended to Thrd World states Under the GA, as ognally establshed, there are no dstnctons between membe states n tems o ther ablty to recprocate All members ae assumed to possess roughly eual ba ganng postons n nternatonal tade and thereore to benet n smlar proporton rom 'recprocal and mutually adantageous' ta reductons Although sgnficant nternatonal economc neualty o course ested beore the GAT epanded and the Unted States was undoubtedly a major benecay, other natonal economes large and small could and dd prot rom the GAT rules o ree trade Howeer, the GATT's orgnal assumptons 'began to be alsed', as Kabr Khan puts t, 'as the membersh epanded to nclude de elopng, the least-deeloped and the landlocked countres' . 33 A GA whch ncludes a large majoty o undedeeloped membes must operate wth derent assumptons they also ae to benefit om the egme . New ules whch acnowledge ther secal problems are necessary. hrd Wold states hae succeeded n gettng peerental tar aangements bult nto the GA as a matte o ncple Howee, the GA edently egards these concessons, o eamle the Genealsed Scheme o reeences as meey 'eceptons to ts geneal ules such as the ost aoued aton pncple whch stll am at non-dscmnaton n ntenatonal tade Kan agues, le Rolng and redmann, that ths emegng anom aly n the GATT ules s mong t ncementally away rom the class cal
Betton
Woods
system
towads
the
ntenatonal
aw
o
Deelopment based on the pncle o nonecprocty3 Ths orecast seems unlely to mateale. But thee s a deepe conlct here be tween assumptons o negate and oste soeegnty he A would no longe est t wee tansomed nto an nternatonal deelopment regme based on nonecprocty: ts orgnal
ro re
o gowth n the world economy ounded on ee o at least eer tade would hae been eplaced by that o redstbuton o justce based on a trade as epressed, o eamle, n Atcle
8 o the hater o the
Economc Rghts an Dutes o States whch declaes that 'all States hae the duty . . to pomote just and eutable tems o tade ree3
S O V E R E GNY A N D D E V E O P M E N
m f states t pursue their wn ecnmic avantage within a gen eral framewrk f free tae an scial justice between states base n ules f ecnmic reistibutin are cnflicting if nt cntaicty ieals. The same cnflict is als evient in the Thir Wrl ebt crsis as we shall see in the fllwing sectin T sum up The evelpmental cnce f Thr Wrl states is frequently irecte at classical ules cnceing tae fnance bank ing an ther internatinal ecnmic relatins They see these ules nt as impartial nrms f equal avantage t all but as legal instu ments by which the evelpe states cntinue t explit the uner evelpe after eclnizatin. What the frmer cnsier t be a 'level playing fiel the latter see as steeply incline against them The rules uner attack are thse f the traitnal liberal ecnmic rer which encurage free inteatinal exchange f cmmities an capital in respnse t market prices the cmparative vitality f ecnmies an ultimately the ecnmic cmpetence an respnsibility f svereign gvernments. The ules avcate are thse which regulate wrl cmmity prices interest rates ebt bligatins an s frth in such a way as t remve the current bias in favur f the evelpe ecn mies an rener the playing fiel mre level fr the less evelpe. Althugh Thir Wrl states have nt yet succeee in changng the rules f the glbal ecnmy in the irectn an t the extent they esire their effrts have isclse a cnstitutinal ilemma f inter natinal ecnmic relatins which has n histrcal cunterpart an is a irect cnsequence f the cexistence within the same internatinal sciety f substantial states an quasistates. THRD WORD DBT CRSS
nternatinal respnses t the Thir Wrl ebt crisis are inicative f the ilemma Can all states be hel t the same rules f internatinal fnancial bligatn base n the traitinal banking prin ciple f paying nes ebts n time r must extenuating circumstances be taken int accunt in harship cases? Shul there be easier ules r exemptins fr the weak? n prvking questins such as these the ebt crisi reveals anther facet f inteatinal relatins invlving quasistates. Only a summary analysis is pssible The Thir Wrl ebt league is rganize int ivisins a rst ivisin cnsisting f a few cuntries with heavy exteal ebts which pse a threat t the inteatinal fnancial rer an secn an thir ivisins cmprising many cuntries with far smaller ebts which present n such threat but which suffer greater burens in relatin t natinal wealth. Cmmercial ebt we t Weste banks by a clutch 24
HIRD ORD DEBT CRISIS
of impotat outies iudig Bazi Mexio Agetia Vee zuea doesia ad Poad was of sufiet weight to povoke a goba debt isis i the 80s he most idividuay budesome debt howeve is biatea ad mutiatea pubi oas owed to Weste govemets o the MF ad the Wod Bak by a fa age umbe of pooe outies ofiiay assied as owe o owemidde iome May hid Wod states have bee uabe to sevie thei extea debt by egua payig iteest A gowig umbe ae uikey eve to epay the piipa ompetey Statiss o the editwothiess of states idiate simia div isios 37 the peiod fom 8 to 84 whe the debt isis aose the edit atig of a deveoped eoomy suh as West Gemay was osistety ove 0 poits out of a maximum 00 as ompaed to udedeveoped Zaie at ude 0 Bazi deied fom 0 to 3 ad Mexio fom 0 to 30 i this peiod 84 the highest atig i Asia was 8 Sigapoe ad the owest Bagadesh wheeas the oe spodig igues i the Midde East wee Saudi Aabia ad 4 Lebao i Lati Amea 0 idad ad obago ad i aagua ad i subSahaa Afia 3 ameoo ad 4 gada hese figues give a appoximate idiatio of the divisio betwee states ad uasistates i the usetimeta iskasessmet view of iteatioa ivestos t is obvious that ameoo ot to metio gada wi d it diffiut to pay by the same iteatioa fiaia ues as Sigapoe ot to metio West Gemay Some kid of ompesatio woud be eessay to eve the payig ed but it is ot ea what this shoud ivove Weste editos pubi ad pivate aike have tied to efoe aditoa ues by makig thei edig to hid Wod outies oditoa o the MFs good housekeepig sea of appova o ditioaity basiay ivoves meetig pefomae tagets ageed be twee a debto govemet ad MF epesetatives May hid Wod states have adopted MF egotiated eoomi estutuig pogammes desiged to disipie govemets deemed uabe to disipie themseves hese ivove the usua maoeoomi e staits devauatio of atioa ueies whih ae vasty ove vaued ofiay edutio of ifato by shapy sowig the pitig of moey majo uts i govemet spedig ad subsidies fo suh ommodites as food o fue dowsizig of upodutive state o paastata etepses whih do ot ove thei osts ad oseuety ae a dai o the eoomy eimiatio of pie otos patiuay i the agiutua seto whih at as disietives to poduto ad eouage smuggig ad geeay opeig the eoomy to ite 25
S OVEREIGTY A D D E V E L O P E T
atioa market forces. These measures am at ecoomc growth by reducg f ot ematg oecoomic cosderatos atioa ecoomc decsomakg whch ofte resut the cosumptio of scarce resources by potcay privieged urba etes ad casses Govemets whch fa to ve up to ther debt restructurg agree mets by refusg to take the MF medce ca be decared egbe for ew oas MF restructurg focuses strcty o atioa ecoomc dcators ad gores eteuatg socopotca crcumstaces such as the sttutoa fragty of the state or the dubous egtmacy of ruers or the cuture of corruptio whch may be the roots of govermet ds cpe ad debtedess may Thrd Word coutres For eampe the MF has ssted that state eterprses pay ther way Naturay there has bee streuous objecto to ths pocy by ruers who are oy too aware that ther potca base woud be udermed ad possby eve destroyed f govermet orgaatos were scaed dow or cosed ad redudat govermet empoyees dsmssed. The MF repes that t aso s subject to ecoomc dscpes: ts credbty the teatoa fiaca commuty ad cosequet abty to cotue edg to deveopg coutres w be damaged f t does ot obey them 8 Davd Rockefeer Charma of Chase Mahatta Baks teatoa Advsory Commttee ad represetative of that commuty descrbed the MF as the coveet whppg boy of Thrd Word states ad defeded MF poces for requrg merey what govermets kow they ought to do3 Ths s cassca postve soveregy doctre competet or sef-duget govemets are requred o pa of osg ther credt ratigs to coform to dscpes whch est to uphod tradtoa bakg rues ad utmatey the word captast ecoomy There s tte doubt however that stabty caused by potcay cruca urba popuatos rebeg agast decg wages ad rsg prces has bee a mportat byproduct of MF restrat programmes Whe uda devaued ts currecy by per cet ad rased fue ad sugar prces compace wth a MF agreemet t aroused protests that eft s peope dead ad resuted the govermet abadog the programme ad cosequety beg decared egbe for ew oas. 8 at-govermet demosatos Zamba agast the emato of food subsdes voved the death of at east fiftee peope 8 rots whch some 3 peope were ed broe out Caracas Veeuea fowg the mposto of a austerty pro gramme suppoted by the MF May other eampes coud be cted Aboshg subsdes o food hams the urba proetarat rasg fue 6
THIRD WORD DEB CRISIS
prices urts te urban bourgeoisie. Eimnating govement patronage oten undercuts te ony basis o egitimacy' tat ests in many Tird Word states peope riot saky regmes can a Many Tird Word eaders tereore brde at MF discipine wic tey usuay see as intervention. n 8 te President o Zambia accused te MF o backmaiing Arcan states by insisting on com piance wit its poicies in ecange or new oans Botswana's Finance Minister reportedy tod te 8 MF annua meeting tat te inst tution ad pused its conditionaity ar beyond te imit o socia toerance' President aros Andres Perez o Venezuea paced te bame or te aracas riots on te ineibiity o industra states wic troug te MF orced is government to impose a severe programme o economic austerity wic provoked instabity and vio ence t soud be noted tat te MF does not dictate specic poicies but ony seeks agreement on macroeconomc restraints suc as tose outined above wic are designed to reduce waste and increase productivity However suc restraints oten eave itte room or coice by te governments invoved Moreover tey do not address te probem o depressed commodity prces and ig interest rates wic reduce coice even urter (O course tese are genera market conditons wic a countries are subject to and not merey te ess deveoped Tey a ar more eavy on te atter owever wic again underines te distnction between states and uasistates Does responsibiity ie wit te sovereign government invoved as te MF assumes or does it rest as President Perez caims wit te industra powers wo ave te greatest inuence on MF poicies? s te Venezuean government a ree agent and tereore accountabe or its actons or do te internatona nancia and economic constraints it aces remove tat responsibiity and ocate it esewere presumaby among te deveoped countres? a country suc as Venezuea wic enjoyed enormous oi revenues in te 0s is not uy accountabe ow muc ess accountabe are te more numerous and ess ortunate Tird Word states wic do not ave oi weat? Te answer depends on te acts o course But it aso depends on ones teory o sover eignty are sovereign states in suc circumstances responsibe agents or are tey victims o socioeconomic orces beyond teir contro? an a states obiged to pay by te traditiona nondiscrminatory rues o lisseze or can some egitimatey caim positive discriminaton on grounds o specia crcumstances or needs Arcan governments ave vocierousy opposed conditionaity and caed or reorm o te internationa pubic ending regme Western sympatizers ave carged tat te First Word as betrayed te trust 27
O V E RE I G N T Y A N D D E V E O P E N T
o f poor countries by not substantially increasing concessional aid and otherwise easing their debt obligations by relaxing or abandoning rules which only make sense between developed economies. A special 8 summit of OAU states called for all African external debt to be re scheduled over fifty years, without interest, and for sharply increased external financal assistance from developed countries Debt payments should be suspended without penalizing eligbility for new credits in cases where it was impossible to make them without major social sacrifices African govements demand concessionality and non reciprocity in financial transfers between wealthy and impoverished states UN bodies such as UNCTAD have argued that exteal debt is a crisis not of some individual states but of inteational society as a whole They emphasize the ytem vulnerabilities of the weaker member states as compared to the stronger Some development econ omists make the same point: 'The poorest people and poorest coun tries are always peculiarly vulnerable to economic shocks not of their own making . the errors and problems of the past are a joint re sponsibility of African governments and the international com munity 39 This collectivist theory obviously rejects the traditional individualist equation of sovereignty and responsibility and attri butes it to the system as a whole Globalist proposals have even come from Weste baners. In 88 James Robinson, Chairman of American Express Company, called for shared sacrifices and rewards by Western banks, the developed coun tries and the less-developed countries and proposed an nstitute for nternational Debt and Development the debt crisis is more than a banking problem t is also a business problem, a geopolitical prob lem and a world peace problem Mr Robinson presumably wanted Western governments and ultimately their taxpayers to pick up his unserviceable Third World loans This is a convergence of ideology one normally would not expect but it reveals the extent to which at least some Western banks are entangled in the financial difficulties of certain Third World states. They want their money back but they know many debtors cannot repay without additional external financial assistance which both the banks and the debtors would like the developed coun tries to provide The MF has been operating with classical liberal doctrine in both economics and international law. f govements wish to borrow they must meet the terms of the lender who himself is subect to similar disciplines which extend up and down the line of credit, all of which is consistent with free market economics and inteational law based on contract. The ultimate aim is to integrate Third World economies into 28
THIRD WORD DEBT CRISIS
the intetionl economy on bsis o reciprocity rther thn singling them out or specil tretment Conditionlity hs provoked storm o criticism however owing to its seeming intrusiveness into the sover eignty o debtor sttes which becuse o poor credit rtings usully hve little i ny lterntive to deling with the MF or new lons The MF seeks to improve those rtings through its mcroeconomic dis ciplines But the MF role hs been chrcterzed s tht o 'de fcto receiver to Aricn governments41 nd even s mounting to nothing less thn recoloniztion o the Third World by 'intetionl bureu crcies Criticisms such s these ssume tht Third World debtors re in no position to be held ccountble in such wys The MF evidently considers Third World sovereignty t lest in principle to be the sme s sovereignty everywhere else: nmely to postulte reedom nd responsibility o governments But MF critics ssume positive ree dom to be lcking nd exemptions rom trditionl bnkng rules nd nncil ssistnce on dierent bsis to be both necessry nd justi ed until such reedom is chieved The severe hrdship o sttes which ptently cnnot meet con dionlity hs cused concern mong Western govements in the soclled Pris Club n 8 the Nordic countries begn to write o their sot lons to the poorest sttes Cnd in tht yer orgve more thn hl billion dollrs o debt owed by the most destitute members o the Commonwelth nd Frncophonie n 88 Brtin converted over million dollrs owed by ourteen Aricn countries into grnts Other Western sttes nd the EEC hve tken similr cons The 88 summit meeting in Toronto o the seven leding Weste industrilized countres ccepted the principle tht debt relie must be grnted to the most impoverished Aricn sttes n 8 shortly ter the Crcs riots the new Bush dministrtion in the United Sttes reversed previous Regn dministrtion policy by dvocting debt orgveness on commercil lons to mjor Third World borrowers prticulrly the Ltin Amercn sttes Privte Weste bnks would grnt t lest temporry wivers o the repyment o principl or reduce interest rtes The United Sttes pn nd other mjor OECD countries would underwrite the MF nd the World Bnk in the event tht debtor countries still ltered on the repyment o lons wrtten down by commercil bnks. The Bush proposl did not bndon resucturing however which ws still key to uture lines o com mercil credit in countries grnted debt orgveness. And there ws no indiction tht Western govements (tht is txpyers) would become involved in nncing Third World debt reducton The debt crisis hs nevertheless brought to light predicment o 29
SOVEREGNTY A N D D E V E L O P E NT
nternatona nance n whch the tradona doctrne o repayng oans accordng to one's agreements has been subected to certan quacaton Those parts o the Thrd Word many sub-Saharan Arca whch are east abe to meet ther eterna financa obgatons are consdered to have a egtmate cam to the argest ree rom tradtona nanca requrements n some cases ought debt cance aton Other parts partcuary atn Amerca wth stronger athough not yet deveoped economes are consdered to have a egtmate cam ony to some debt orgveness In a captast regme at east the major debtors must be hed to some account otherwse the system tse coud be threatened The ormer thereore quay or 'sot oans' admns tered by nteatona pubc endng agences at concessona rates o nterest whereas the atter must be satsfied wth commerca rates athough these may be wrtten down by the prvate banks wth I and Word Bank support underwrtten by the major OED countres The ormer can ony demand ree but the atter can aso threaten deaut Ths s the debt threat presented by major an Amercan borrowers. Debt orgveness or the atter must thereore be handed careuy so as not to erode the rues whch are those o borrowers payng o ther oans n accordance wth agreed rates and terms: the bass o a bankng system There are derent normatve assumptons and expectatons about soveregn statehood dscosed by the debate on Thrd Word debt Shoud a debtor states be hed to the same rues regardess o ther crcumstances? Or shoud easer terms and condtons be avaabe to hardshp cases? There s a dvson o nteatona opnon on ths queston Some are ncned to appy cassca commerca obgatons as wdey as possbe They evdenty beeve that soveregn members o nternatona socety ke aduts n domestc socety are egay ndependent and must be hed accountabe or ther debts Ths s the nternatona moraty o pct unt vnd keep your promses Such a regme cannot operate permanenty on a bass ether o debt or gveness or debt repudaton whch destroy the obgatons between borrower and ender on whch any endurng system o nteatona credt has to be based 43 Debt orgveness such as the Bush admns traton recommends s conceved to be ony temporary and thereore not a basc change n the regme But t woud be a precedent. I soe Thrd Word states receve orgveness t shoud not be unexpected that a such states woud cam the same rghts and t woud be easy or them to consder these rghts as somethng ess than temporary Even on a temporary bass such a tered regme o nteatona nanca obgaton coud be read as a retreat rom cassca postve soveregnty
THIRD WORD DEBT CRISIS
doctrne Of course, t s lso possble to vew t s new relsm nvolvng prudentl consdertions of nterntonl nncl mngers nd therefore s deprture from clsscl doctrine only to sve the system n the longer term n inteonl prllel to Pres dent Roosevelts domestic New Del durng the depresson of the 90s hs undoubtedly s the vew of some Western nks nd mor OED sttes ncludng now for the first tme the Unted Sttes Others re nclned to go frther becuse they hve view of nter non oblgton whch s fundmentlly dfferent from the doctrne of ct unt nd Poor sttes n the nterntionl economy, lke poor people n domestc economes, re vulnerble to forces nd events eyond ther control they cnnot control the hgh nterest rtes or low commodty prces n whose ws they re cught hs s the morl logc of the NEO nd ts supporters who reect the princple of strct recprocty n economc reltons nd rgue tht the dverse mteril crcumstnces of most hrd World sttes cll for fund mentl chnge of nterntonl oblgton wy from free trde nd commuttve ustce towrds economc democrcy nd dstributve ustce But ths s fr too rdcl to be cceptble to those wth prevl ng economc power n ntetonl socety nd prtculrly the Unted Sttes he NEO therefore remns lttle more thn ppe drem. hs does not men, however, tht doctrne of postive ssstnce nd dscrmnon hs not found legtmte plce n nter nonl reltons whch mor economc powers cn ccept N T R N A T O N A A F F R AT V A C T O N ?
ody the dutes of sttesmen evdently re not only to respect the ursdctons of other sttesmen ut in ddition to mterlly ssst underdeveloped countries especlly those n dffcult crcumstnces he deep poverty nd bckwrdness of mny nturlly gves rse to sense of need bsc needs whch n turn re equted wth quli ctons for mterl d poor countres feel enttled to receve nd rch countries constrned to provde developmentl ssstnce or debt relief f these nd smlr knds of postve socoeconomc support do not yet reflect legl oblgton they nevertheless revel morl inuncton of some kind t s mpossble to deny the mpovershed condtions of mny sttes nd the obvous blty of other sttes to help in llevting them t the very lest provdng d or relef s decent thng n refusng to do so s worthy of condemnton R Lucs ponts out tht morl prctce commonly nd qute rghtly dstngushes fr brgns from hrd brgns 'f tke dvntge of mns temporry need, he my hve no resonble ltetive 3
S O V E R E I G N Y A N D D E V E O M E N
except to agree to my terms, ut I am expotng hm none the ess e s, n effect, agreeng under duress Athough Lucas s referrng to indivduas and not states, ths coud perhaps e sad of IMF restruc turing agreements Indeed, critics of the doctrine that contracted inter nationa dets shoud e repad n fu requenty resort to the mora anguage of hard arganng in ther condemnations of deveoped countries and Weste anks Inteaona ogaon so conceved oviousy s dfferent from that postuated y cassca postive nter naona aw t s aout what s decent and just n the circumstances and not merey contractua or ega That hard argains do not have the same mora standing as fair argans s easer to recogne, of course,
than respond to wth approprate rues and practices
However, the wiingness of major OECD states to consder det reief for certan countries n the eief that they cannot repay owng to forces and circumstances argey eyond ther contro gives some ntmatons of norms whch depart from cassca era doctrne even f they stop far short of the Charter of the Economc Rghts and Dutes of States Ths seems to e the emergent pracce of states ut how can we characterize t? A domesc anaogy may e suggestve thn some Weste coun tries, as ndcated, exa socoeconomic enttements and assstance are provided to certan peope who quaiy for affrmatve acon pro grammes Ths s a orm of preferentia treatment y the state targeted at ctzens who are memers of parcuar dsadvantaged categores, such as acks or women In Canada t has consttuona standng under the equaty rghts section of the
Chrter o Rights nd Freedoms
whch decares the egaty of any aw, programme or actvity that has as ts oject the ameoration of condtions of those that are dsad vantaged ecause of race, natona or ethnc origns, coour, reigion, sex, age or menta or physca dsaiity The cruca dea s that of extendng a speca opportunty or enet to some ndvidua or group who otherwse woud not quafy for t n compensation for dsad vantages attuted to unchosen memershp n such categories Ths s usuay justifed on the grounds of reparng njustice or dsad vantage rought aout y such memershp in the past and in the expectation of therey enang the eneciar to exercse greater sefdetermnaon n the uture frmative action thereore juses prefrenta treatment pocies accordng to ether ackwardooking prncpes or forwardookng prncipes or oth Affmatve acton programmes were nstuted n the United States when t ecame cear that racia ntegration coud not e acheved merey y the repea of segregation aws and the extenson of the 32
INERNAIONAL AIRMAIVE ACION?
ancise and other generally available legal rigts to blacks. Altoug tey were now first class citzens by law tey neverteless remained entangled in adverse economc, social, and cltural circumstances wic severely limited teir freedom of opportunity and over wich tey were considered to exercise little or no control In our termin ology, negative rights were not sufficient to overcome the adverse consequences of past discrminaon In addion, it was necessary to discriminate positvely in education or employment or housng to enable certain people to take advantage of their newly won rghts Regional development programmes suc as exist in Canada by wic te Federal Government provides special inancial assistance to poor povices migt be tougt of as affirmatve action for territoral com munities 47 Affirmative acton is therefore a kind of citizensip plus: temporary dependency in te form of preferential treatment for the sake of future positve freedom Affrmative action is a practcal polcy in countres lke the Unted States or Canada were tose actually receiving benefits on such grounds are a comparatively small mnory in an oterwise wealthy society Since it presupposes support only untl suc time as the benefciary is able to stand on s own it is not fundamentally in consistent wit a liberal political order Perhaps tis is why it as proved acceptable to the majority of Amercans and Canadians and teir political representatves at least to date It is not by any means witout controversy owever Its ethcal base is wdely questioned and its status s by no means secure It is a orm of dscrmination wc in favouring some penalizes tose wo would oterwse qualify for te benefit or opportunity and terefore volates the prnciple of mert or desert Anoter critcism casts doubt on te clam tat it will in due course enable its beneicaries to stand on teir own If it fails to produce the desired results or f it renforces rather tan reduces dependency it could come under crtcsm suffcient to bring about its abandonment. In wch case the tradtional practice of negatve lberty would presumably be reverted to, as some critcs of affrmatve action advocate 49 A cognate idea can be detected in contemporary nternatonal re lations Third World states wich ave experienced colonialsm are te internatonal equvalent of racal minorites whose ancestors suffered under slavery or other legal or economc disabilities Both represent vctims o past nsttutonalzed dscrmnaton or dsadvantage and therefore merit specal consderaton and assstance Although nega tive soveregnty was necessary to remove colonialis t s not suf fcient to complete self-determination Tird World states terefore 33
S OVEREIGNY A N D D E V E O P E N
have a legitimate claim to international socioeconomic assistance, com pensation, and relief not only on the backwardlooking grounds that they suffered from past eploitation by colonial powers and the world capitalist economy but also in the forward-looking epectation that they will thereby develop the capabilities of positive sovereignty The point is not that such eploitation necessarily took place or must be 'proved but only that it serves as moral grounds for present actions and institutions of positive discrimination between otherwise equally sovereign states nternational affirmative action, unlike the NO, is a moral practice that attempts to it into a liberal world order Just as domestic affirma tive action in the United States and Canada goes beyond although not too far beyond the franchise and other legal rights available to everyone so also does international affirmative action reach a modest distance beyond negative sovereignty And ust as domestic pro grammes of affirmative action anticipate the day when they will be unnecessary, inteational programmes look forward to the time when recipient states can stand by themselves Finally, ust as positive discrimination in favour of disadvantaged minorities is only possible within states because of the eistence of wealthy maorities, corre sponding discrimination between states likewise is consistent or at least not inconsistent with the present division of inteational society between an underdeveloped periphery in need and a developed centre with resources to address those needs. nternational affirmative action therefore presupposes that the global economic playing field is not level for all states and to be made level certain rules and actions of positive discmination in favour of the currently disadvantaged is required until such time as they are in a position to play the great game of international economics by the classical rules Something along these lines appears to be happening in international financial and trading relations as my previous remarks indicate Of course, inteational affrmative action is not eplicitly referred to as such by the actors involved The idea is present, however, even if the term is not Those less developed states which are not yet in a position to take full advantage of the traditional rules can legitimately claim eemption from (some of them or special rules for themselves until such time as they are in that position The various proposals of debt relief for certain Third World states are consistent with the affirmative action notion of temporary eemption from the general rules of international inancial obligation. And modifications to the GA designed for less developed countries and in particular the suspension of reciprocity and the Most Favoured Nation principle and
NERNAONAL ARMAVE AC O N
the adopton of nonrecprocy and te Generased Sceme of Preferences are consstent wth te dea of speca rues Both am at makng the payng fied of nternatona economcs f not eve for suc counres at east ess steepy ncned aganst them Furer these speca posive arrangements are consdered to be ony temporary The genera rues of recprocty and nondscrm naton are epected to be apped once the dsadvantages are overcome and countre are abe to stand on ther own Ths coud be rater ong n comng owever and n many cases suc spca arrangements coud ast ndefintey f the beneficares are unabe to respond pos tvey and the communty of states connues to supprt them Even those whch do respond mgt st be reuctant to gve up ther speca enttements whch they coud very easy come to regard as perma nent nternatona rghts In 987 severa countres were consdered too rch for concessonary financa assstance from te nterAmercan Deveopment Bank and other nteatona endng nstutons Some were aso 'graduated from the S preferenta tarff regme wch prevousy gave them prveged access to te Amercan market Graduaon day was a moment not of ceebraon but of btter com pant by Sngapore and Barbados who objected openy at enceforh beng requred to compete accordng to the more dscpnng rues of recproty TH DA OF QAS-STATS
Peraps the treads o f these remarks can b e drawn together Inteatona deveopment doctrne runs up aganst tradtona norma ve assumptons underyng economc reaons between soveregn states The reaiy s not that the aw of wefare nonrecprocy as repaced the aw of bery recprocty as Fredmann predcted Nor s t key Rater t s tat poor states today asse bot negatve and posve norms at one and the same me as ndcated by Arce 7 of the harter of Economc Rghts and Dues of States And contempo rary nteaona socety s tryng to operate wt bot But te two norms may not aways be compabe Indeed they may be conradc tory at some ponts and te contradcton may not be capabe of a resouton wtout sacrficng one or te oter We arve at te Nort Sout dlemma because the deprvaton of ndependence for te underdeveoped and the perpeuaon of underdeveopment for te ndependent are both moray objeconabe n te contemporary nter naona communty In pracce of course te demma s resoved n the latter way Ts normatve confct was unknown to cassca nteatona re 35
S O V E RE I T Y A D D E V E O P M E T
latns which assumed that all svereign states were mre r less capable f benefing frm a liberal inteatinal ecnmic rder based n reciprcity here was nt a significant and acknwledged divisin between sme states which were develped and thers which were underdevelped States required temprary ecnmic assistance frm tme t time, such as I lans t vercme balance f payments difficultes But n states were in mre r less permanent need f psitve assistance r cmpensatin which was nt expected t be reciprcated in kind Plitical independence and sciecnmc well being were all f a piece svereignty was indivisible in this dc trine hese psitive svereignty assumptins run int difficulty in an inteatinal sciety cmprising numerus quasistates F restruc turing is a case in pint it cannt really deal with the fact that mst smaller and weaker debtrs suffer frm far mre than merely tempr ary financial r technical difficules hey cannt respnd t disciplines in the same way as develped cunies with balance f payments prblems hey have a deeper prblem underdevelp ment Cnditnality is ften thwarted because nt nly ecnmies r setes but als gvernments are underdevelped 'Effrts at stabiliz an and strctural adjustment are rutinely stymied by dmesc ptical frces 1 he ability f hird Wrld regimes t frustrate external cntrl and restrcturing effrts remains ne f the largest lacunae f the grwing literature n inteatinal debt 2 he I cannt infringe upn the svereignty f the brrwer by managing the resucturing itself All it can d is withhld future lans if a gve ment fails t perfrm accrding t the terms f its agreement But withhlding cannt reslve the prblem f underdevelpment Simi lar difficultes were encuntered in expecting quasistates t beneit equally frm GA rules r t repay their debts in accrdance with traditinal banking rules hese may be viable nrms fr develped cunies but they are stretched t the pint f breaking when it cmes t underdevelped nes As indicated, sme f the requirements f the inteatinal ecn mic game have therefre been changed t accmmdate quasi-states althugh this is usually cnsidered t be nly temprary One can read internatinal develpment assistance, the GA preferences, debt relief and ther instances f internatinal affirmative actin in this light they amunt t a specialized althugh sll rather minimal regime f psitve and nnreciprcal assistance r cmpensatin which caters fr a new class f svereign states that are underdevelped Insti tutinal arrangements such as these d nt and cannt avid the
HE DIEMM O QSI-SES
normative dlemma outlined above, however I n fact they create it and the consequences which follow from it The dlemma of quasi-states is rooted in the dfference between a state and an individual and therefore discloses one of the limitations of the domestic analogy in inteational relations. Who is ulmately responsible or human welfare: the individual or society? What is just les equal for all or rules that compensate the weak or unortunate? These are questions which divde Weste domestic soeties between Rit and Left and m on conflicting concepons of freedom, re sponsiblity, and equalty. A smlar debate divides nteatonal so ciety roughly between North and South. Classical inteational relaons assumes that sovereign governments are generally capable and responsible although they can face brief perods of economic difficulty when they may requre assistance om the inteaonal community or other states. A govement receiving assistance today, however, wll be obliged by the rule of reciproty to extend the same to someone
else
tomorrow
It
therefore
precludes
the
dlemma
However, by assuming that nteatonal socety has the responsiblity of provding assistance to underdeveloped counies untl such time as they can exerse positive sovereignty the docine of intetonal affirmave acon encounters the dlemma and is mpaled on its hos. Provding financial assistance or relief to a sovereign memr of inteational socety is ethcally more ambiguous than proding it to a zen withn domesc society because we cannot be certain that it wll get to those who can best use it or most need it In ng aid to a cizen it is ear who the beneficiary is But n giving assistance to a country (or other collectivity) it is not as ear. Aid ansferred from a rich to a poor country may or may not involve a ansfer of income from a rich to a poor person Cizens of average means in rich state A cannot drectly provde financial aid to persons of far lower average means in poor state B because the ansacton crosses inteaonal boundaries and therefore nvolves sovereign states This can only happen the sover eign govement of state B authorzes it and is able to enforce its authorizaon A govement may nvest teaonal assistance pro ducvely or redisbute it _n accordance with need but there is no lawful inteaonal way of guaranteeng this once the foreign re sources are on its sol It depends on the ablity and gness of its officials to do so they are prone to mismanagement corruption or other kinds of ncompetence or indiscipline foreign grants or loans may end up feeding the system of waste and abuse Debt forgiveness can have the same result if past loans were in the hands of such govements This should not be taken to imply that capable and 37
S OV E R E IGNTY A N D DEVEOMENT
respsible gvemet i s a suffiet cdi fr develpmet r scial justice i Third Wrld states. But it prbably is a ecessary cdi I trasactig develpmet assistace r relief acrss iteatial brders the idepedece f recipiets ad the priciple f eci prcity prbably udermies the cfidece f drs. Althugh it wuld be tab fr gvemets f develped cuies t admit it publicly ucertaity this issue may e reas why iteaal develpmet assistace is iadequate t the eed I ther wrds, the asymmetrical relatiship r divrce f etlemet ad respsibility which iteraal develpmet etas may limit severely the effec veess ad jusce that such asactis ca achieve Here is perhaps the rt f the dilemma i Third Wrld demads fr bth distribuve ad cmmutave justice develpmet supprt, ad svereig ide pedece reciprty ad reciprcity. I shrt i the real wrld f iteatial relatis e cat have e's cake ad eat it.
6
S OV E RE I G N R I G HT S VE R S U S HUMN R I G HT S
T U V A F T TD D
n recen decade a earer picre o polical inviliy arond he world ha emerged Repor o ineaional hmaniarian organ izaion annally caalogue arbira deenon beang poliical illing orre eror poliical prioner diappearance regee deah qad deucion o livelihood and vario oher hman igh violaon which ll he page o banal vole1 here wold be more were i no or he ac ha many govemen conceal hem A 96 dy eimaed ha he world reugee poplaon wa in ece o 3 million and ha he nmber o people diplaced wihin hei own conrie i probably even greaer 2 Polical illing eiher by goveen or by agen which hey canno conol have occrred in Gaemala ndoneia Cambodia Uganda Hai Agenina ndia and Libya3 Polical maae wih genocidal endene have been commied in Bndi Rwanda Uganda Cambodia and Bangladeh Polical abdcon and diappearance carried o eiher by governmen agen or heir opponen in 95 alone ae nown o have occrred in Angola Argenina Bolivia Brazil Cenral Arican Repblic Chile Colmbia Cypr Dominican Repblic El Salvador Ehiopia Gaamala Ginea Hai Hondra ndonieia ran raq Lebanon Mexico Morocco Nepal Nicaraga Paraguay Per Philippine Seychelle Soh Arica Si Lana Syria ogo Uganda Ugay Vienam and he e o ore a par o ae conolled machinery o ppre dien ha en docmened recenly in ixyi conie wenyhee Aican (inclding Soh Aica) fieen Lain Amecan en Middle Eae en Aian and eigh Eropean6 Spain wa he only Wee demoracy led among he oender he li goe on and he picre change only lighly rom one year o he nex hee occrrence are no happening oide oveeign ae or in war beween hem hey no infliced on reigner or colonial 39
SOVEEIGN IGHTS VESS HMAN IGHTS
subjects. They are occurring inside independent states. Although ant government rebels are also responsible and foreign inteention can be involved, the principal violators are sovereign govements. The vic tims are their own citizens. This 'paradox of the state in which gove ments are a source of threat rather than security is a general phenomenon by no means restricted to the Third World. 7 The political history of Europe can be read without distorton as a long record of political ncivility. Postwar Easte Europe continued the malpractice. Today, however, it is particularly evident outside the West where citizenship often is scarcely more than a nominal status with little or no real purchasing power. This is because the Third World state is usually the possession and instrument of elites who often act as if sovereignty is their licence to exploit people In the past quarter century the image of the Third World accordingly has become one not only of poverty and underdevelopment but also of invility and repression. This regrettable reality is n marked contrast to the tme of ndependence when the Thrd World was 'a vital new force in inteaonal affairs 8 The revolution of the new states was progressive. Decolonizaon was an act of liberation The future was one of promise now that colonial peoples possessed sovereignty and could take their destiny into their own hands But if we are to believe these reports - and the only ones who dispute them are the sovereign goveents involved and the allies the expansion of the com munity of states brought about by decolonization has not resulted in a corresponding extension of human rights protection as was originally expected when independence was in the offing. Instead, it increased the oppotunity for human rights violations. More than four decades after the Universal Declaraton of Human Rights the violaton of basic standards of human decency is more universal than the protecton. ZATO AD HA HTS
How should we interpret inteational human rghts viol aons? Have humanitarian standards been raised? Or has the in cidence of human rights abuses increased? In an imperfect world consisng of men rather than angels, the elevation of human stan dads other things remain eual, be followed by increased human rights violaons even behaviour is unhanged. nteational standards of human rights undoubtedly are higher today than at any me in mode story The elaborate framework of humanitarian law is extensive testimony. Perceptions of human rights abuses are also probably more acute than ever - at least in the West. The comparatve vly of Weste states and the corresponding expectaons of their
VZATON AND HUMAN RGHTS
populaons have unoubtely create heghtene awareness of nhu manty everywhere The percepton of nteatonal human rghts volatons presup poses general stanars an epectatons of humantaran conuct If there were fferent stanars from one place to the net smlartes an fferences woul be all that was notce a worl of cultural relativsm If stanars were low or non-estent such behavour also woul not atract attenton because t woul be a commonplace every where In an uncvl worl noboy but sants woul notce ncvlty Lkewse, f the worl's states were n the habt of protectng the cvl an poltcal lbertes of ther populatons there woul be lttle or no nterest n nteatonal human rghts The sprea of soveregnty aroun the worl an the protecton of human rghts woul be one an the same There woul be no tenson between soveregn rghts an human rghts An there woul be no nternatonal law of human rghts an no nteatonal humantaransm because they woul be unnecessary Toay, however, human rghts volations n most parts of the worl are well ocumente an wiely crtcze by a growng nternatonal humantaran movement Although the term cvlzaton' s conroversal the concept s necessary n nteatonal stues f we are to unerstan ssues n volve n the protecon of human rghts Most nforme people an vrtually all stuents of human relations recognze that the partcular les, nsttutons, practices, an customs of whch soceties consst vary enormously from one tme or place to the net Socal scentsts are professonally nclne to be agnosic about fferent cultures an to suspen any jugements whch mght nvolve ethnocentrsm Ths s particularly the case as regars fferences between Weste an non-Weste cultures The stuent of nteational relatons s confronte wth a specal problem, however Hs subject s a sngle global socey of states to whch all other socetes an cultures are connecte, rectly or n rectly, by means of soveregnty ne cannot conceve of a unversal nteaonal socety otherwse. Moreover, snce states consst of humans one must assume some common humany: perhaps a mn mal content of natural law' whch acknowleges unversal human vulnerablty an respon by a general rule of nonvolence 9 Fnally, t woul be mpossble to operate across cultures wthout not only a share scourse an framework of communcaton nclung nter naonal law an plomacy but also common stanars whch make comparative apprasals an equtable treatment possble Not only legal an scentfic language but also moral, poltcal, an economc
SOEREIN RIHS ERSUS HUMAN RIHS
discourse require terminology which is not merely relatve but also comparative; that is, it involves reference to standards and particularly standards of conduct. The concept of 'civilizaon implied by these remarks was examned at length by the Eglish philosopher R Collingwood in response to the Nazi atrocties of the second world war.10 According to Colling wood, 'civilization prmarily signifies refraning from the arbiary use of force and obeying the rule of law which forbids it. 'Civilizaton is not vilizaon but barbarty unless it nsists that you shall treat every member of your community as civly as possible. Acting civilly towards someone means respecting his feelings, dignity, and auton omy. The rule of law is a public standard of conduct which precludes arbitrariness and establshes due process based on formal equality. Both 'civility and 'the rule of law presuppose the capacity not only to obey but also to enforce the law. Collingwood points out that the process of civilizaon involves bringing others, including foreigners, into ones community wich is a sphere of human relations goveed by the civilities and the rule of law. The expansion of internatonal society is an nstance of the civilzation process in the broadest sense. Civilizaon also signifies a corresponding process whereby the comforts and enjoyments of human life are enlarged by the applicaon of science and industry to natural resources This is the civilzation associated with technological and economic development. However, there is no cion in the rational exploitaton of nature human beings are treated as part of the natural world rather than the human world.1 Development without the rule of law is barbarsm. This is the great temptation when extreme inequalites of technology exist be tween societies, as in the historical encounter between the Weste and the non-Western worlds. Technological prowess unfortunately invites a dangerous kind of hubris which is a real threat to civlizaton cause it reinforces the bultin hubris of the state which has troubled many inteaonal theorists and not least Burke: 'I must fairly say, I dread our n power, and our n ambition; I dread our being too much dreaded . 12 Today, owing to continuing scientific and techno logical innovaton, that menace is greater than ever A government which has mastered technology but not the rule of law is the most dangerous of all organizations as twenethcentury hightech totali tarianism graphically indicates. It is a regrettable fact that diffusion of technology and particularly the means of volence is easier and more rapid than enlargement of political civility. Many of these means and particularly the means of volence have been spread by the expansion of the statessystem The huge inteational arms bazaar feeds the
C IV I II O N N D H M N RIGHTS
nsatable appetite for such means of many Thrd World govements which could not possess them otherwise. The secondary process of civilzaton consequently is always subject to the first process and particularly the rule of law which forbids the arbitrary use of force. Collingwood is therefore at pains to emphase the most important thing of all about 'civilization, namely that it requires self-discipline.
'w and order mean strength. Men who respect
the rule of law are by daily exercise building up the strength of their own wils. 13 Civiized men and civized govements aie exercise forbearance. The concept of civilization clearly has extensive applica bility in both domestic and inteational politics in spite of the fact that the word is avoided today. A characteristc feature of inteational law in the late nineteenth and early twentieth centuries, as we saw in chapter was the 'stan dard of civilzaon used in determinatons of membership in the society of states. The standard was established not only to eradicate barbarous practices such as slavery but also to regulate the technologi cal power of intruding Weste mechanized states. The standard was embedded in colonialism Today, however, it is of historical iterest only. It has been categorically rejected by the Third Word as a form of Western imperialism: an expression of contempt for their cultures and a pretext for denyig self-government. The expressions 'sacred trust of civilization and 'civilzed state have been erased from current inter national law and the dialogue between states carefully avoids these terms. Even though 'sovereign state has replaced 'civilized state the idea of 'civilzaton has not been and cannot be abandoned Without such a distinction it would be impossible to render certain iteational legal and moral judgements. Immediately following the second world war surviving leaders and high officials of defeated Axis powers were tried for crmes of war and crmes against humanity by the Nuremberg and Tokyo tribunals and many were convicted The prerogatives of sover eignty were not considered a valid excuse for acts of inhumanity . 14 Legal positvism offers no escape fom civized standards. The old 'standard of civilization still exists, but is expressed differ ently today Gerrt Gong suggests that these expressions are, rstly, 'human rights and 'nondiscrimnation, and secondly, 'modeity or 'development 15 This is not only similar but vrtuly identical to Collingwoods twofold concept of 'civilization already discussed. The ideas of a 'standard of civilizaton and a 'standard of human rights share a common preoccupaton with lie liberty, dignity, security, and other fundamental rights which regard human beings as ends rather 43
S V E R E G N RGHTS VERSS HMAN RGHTS
than means These are naura rights or human rights propery so caed because to be reaized they ony require forbearance which is within the capacity of everyone; they are negative rather than posiive. The idea of a 'standard of nondiscrimination' aso resembes Coing wood' s concept of civiization as a process of bringing outsiders into one's community Likewise, the idea of civizatio and the idea of deveopment both seek mastery of nature by the appication of science, technoogy, and industry to the materia circumstances of humaniy. Both invoke comparative standards of weath and wefare. n short, athough it is epressed by a different vocabuary 'civiizatio' sti operates as a standard of inteatioa conduct and there reay is no avoiding it if states est for the good of peope and not the reverse. Mode inteationa human rights aw is an important ac knowedgement that sovereign states caot automaticay be co sidered civiized. Otherwise there woud be o need for such aw. Today, for the first time in history, how a sovereign state reats its own citizens is no onger a matter for its own ecusive detemiation, but a matter of leitimate conce for a other states, and for their inhabi tants. 16 This postwar deveopment reiterates a centa argument of the cassica natura awyers which was ost sight of with the advent of positive inteationa aw, namey that human beings are the utimate members of the society of states Some awyers argue that important human rights inunctios, such as the prohibition of geocide, savery and the save tade, now have the character of jus coens: that is, overriding principes which cannot be set aside by the indepedent actions of sovereign states but ony by 'the formatio of a subsequent customary rue of contrary effect' 17 The Kantian image of a cosmopoitan word society consistig of individuas with natura rights immune to poiica itevetion has made considerabe headway in recet decades. A eaborate body of inteationa aw pertaining to huma rights has been deveoped by the incuding a Universa Decaraio of Huma Rights (98) and a Inteationa Covenant o Civi and Poitica Rights (opened for signatures in 9 and entered into force ten years ater) . There have aso been specia covenios agaist paicuar humaitaria of fences, such as savery, genocide, racia discriinatio, and torture . addition, regiona human rights insruments have bee estabished i Weste Europe, the Americas, and Afica. The most significat is the European Convenio on Human Rights which provides for a Com mission and a Cout each independent of sigatoy states ad autho rized to receive compaints ad adudicate cases brought not oy by
CVLZATO AD HUMA RGHTS
saes b individals also. According o Pal Siegha his amons o a sbsanal rerea from he previosly sacred principle of national sovereignty . 18 Alhogh he effectveness of mos ineaional hman righs law is debaable and enforcemen difficl i neverheless provides a moral and legal sifcation for pracical hmaniarian acions aimed a re dcing hman righs violations by sovereign saes. ven if he common law of mankind canno be enforced wiho he cooperaion of he saes involved in hman righs violaons which is obiosly difficl o secre i neverheless constites no merely a moral b a legal sandard for aempting o bring hem o some acconability I herefore has ility When Amnesty Ineational was fonded in
96 here was no single niversal treaty esablishing he righ o fair rials or prohibiting ortre as an infringemen on he righ o life. By
95 more han eighty contries had ratified he Ineational Cov enan on Civil and Politcal Righs and more han forty had signed a UN convenion on ortre which wen ino effec in 97 Nmeros contres o dae have eleced o remain oside hese conventions however A revolion of hman righs is also eviden in he proliferaion of hmaniarian organizaions since he end of he war and particlarly in he pas qarer centry. The hmaniarian movemen in he Wes is of corse far older wih hisorical roos reaching back o he sccessfl campaign of William Wilberforce which secred abolition of he slave trade by he Briish parliamen in 07 Today here are more han a hosand privae hman righs grops in he world mos b by no means all of hem based in Wesern democracies. This is in addition o pblic hmaniarian organizatons wheher naonal regional or ni versal The ineres in ineaional hman righs is also eviden in rapidly expanding and already exensive lieratres on he sbec incding no only aricles and books b also oals and oher periodicals boh poplar and academic. 9 maniarian awareness is propelled by he mass media and especially elevision which enables offences agains basic hman righs commied in one place o be graphicaly known immediely in oher places particlarly he Wes where mos elevision news images are broadcas. Many more people han ever before apprehend Immanal Kan's concep of a pblic law of mankind in which a violaion of righs in one par of the world is fel everywhere' . 20 ndobedly he nvil image of the Third World is a reecion a leas in par of heighened hmaniarian aware ness and legally more explici ineaonal sandards of hman righs. 45
SOVEREIG RIGHTS VERSS HMA RIGHTS
The incidence of human rights violaons has increased in rough proporon to the expansion of inteaonal society. It is not difficult to see why. There are more than three times as many sovereigns today than in 95 Variaon in government condut has also ineased because of decolonization. Before that me most govements of the non-Weste world were under the authority of a few Western cons tutional democracies. Independence freed colonies not only from im perial direction but also om metropolitan protection under the rule of law Decolonizaon multiplied the number of independent gove ments with responsibility to safeguard civil standards but also with power to violate them. These govements had the sovereign right to abandon the rule of law or do almost anything else in their juris dictions Since most came under the control of people who were preoccupied with power and lacked attachment to constitutionalism (and in many cases equated it with colonialism), their decisions were often at odds with civil liberties Inteational humanitarianism is a response to developments such as these But it cannot really make up for shortages of civility or vulnerability of the rule of law in states whic are sovereign Humani tarian organizations point out that human rights problems are fre quently institutional as well as behavioural They can only be addressed by developing a sovereign govements organized ca pacity and resolve to protect human rigts This is Collingwood's point about the crucial importance of selfdiscipline and selfrestraint. Ac cording to Anesty Inteational, tis requires 'a comprehensive pro gramme' including independent institutions and procedures for controlling police, military personnel, prison oficials, and oter agents of the state But who is to guard te guards temselves?'21 Wo will institute and defend such procedures? Amnesty replies tat 'citi zens themselves must be made aware of teir rights and know ow to complain when these are infringed 22 But if tey live in authoritarian states standing up for one's rights can be a risky business Amnesty urges tat inteational aid be allocated to promote such programmes But why should such aid be accepted and if accepted be properly used? Quiet and persistent human rights diplomacy and even open condem nation of ross volations is ossible. Under rrent inteational law howver, te efcay of inteational umanitarianism is strictly limited by sovereign rights It is therefore dificult to see ow te vicious circle can be broken if a govement is determined to act in con tempt of civilized standards Yet te action clearly stands condened and
this
norms.
is
te
cruial
even
if
limited
role
o
suc
D E C O O N IZAION A UHORIARI A N I S M , REUGE E S
DNZN, UHR R N S , N D RFUGS
As oted, the key to civiliatio accordig to Colligwood is the rle of law ad the forbearace ad self-discilie it etais Neither coloialism b y democratic owers or iteatioal trustee shi uder the League ad the UN were fudametally icosistet with the rule· of law For examle, although the Secretary of State for Coloies had o formal cosituoal obligatios to coloial eoles he was resosible to arliamet ad ultimately the Brtish electorate David oldsworthy s study of this toic clearly idicates that members of arliamet eforced this resosibility Their devotio to this duty, as they varously iterreted it, deserves to be remembered with admiratio '23 Various cause grous such as the Fabia Coloial Bu reau also eforced it by voicig cocers o behalf of coloial eoles Ad iteatioal law, accordig to C Wilfred Jeks, lyed for geeratios a sigificat art i the liberaliatio of coloial olicy 24 Britai ad other owers with trust terrtores were also iteratioally resosible to the League Madates Commissio ad later the UN Trusteeshi Coucl J L Brierly oits out that the madates system was oe of the few oteworthy successes of the League. 2 short, although it was far from erfect ad serious abuses did most certaily occur there evertheless was a istitutioal framework to discourage offeces agaist the huma rghts of coloial subects Coloial govermet by the democratic owers was, of course, ot democratic t was atealistic. There was a double stadard betwee the metroolis ad the various coloies Racial discrimatio was more likely to be codoed either officially or uofficially i the colo ies Force was sactioed ad used beyod the limits which would have bee tolerated i Euroe Coloial subects were derved of imortat civil liberties. Most coloies of democratic owers everthe less were i their ow terms eaceful, orderly, ad lawful laces by ad large ter-tribal warfare was abolished Slavery was suressed if ot elimiated The imerial owers created far larger domais tha existed reviously for the growth of uhidered migratio, travel, trade, ad commerce West Africa coloial admiistratios i varyig degrees established the isitutios of lawful govemet withi which commercial agrculture could floursh 2 The author of these words is ot a diehard coloial aologist but a academic com metator o the olitical ecoomies of cotemorary West Afrca most of which he comared ufavourably with their coloial redecessors Perhas it is true, as Sir W vor Jeigs oce argued, that coloial
7
O V E R E G N R G H V E R H M A N R GH
ism and selfgovement were never completely at odds ecause col onial authorities had to take some account of the interests and desires of their sujects 27 Unl the perod following the second world war, however, most colonial peoples were denied the usual rights of demo cac cizenship in all ut a few exceponal cases Decolonizaon therefore necessitated democrac instutionuilding pror to the tansfer of sovereignty numerous dependencies, as indicated in chapter steps were taken not only to replace European adminis trave personnel with indigenous offials ut also to eate the ins tuonal famework of a mode constitutional democracy to transform clonial sujects into zens of new stes In Brish tertories sover eignty was only transfrred ſt the constitutional process in each colony had een completed and democrac elections held to deter mine the new indigenous govement Attempts to instute consttutionalism and the rule of law proved unsuccessful more often than not, however After independence, government and opposition could not e constrained y an imperial referee which had departed Constitutions were often replaced y polical frameworks which legalized authotarianism frequently on the model of the one party state Judges and courts in many cases were reduced from independent instituons which enforce the rule of law to instruments of political rule The legal category of politcal crime was enlarged y many postcolonial govements and the numer of people detained for polical offences consequently increased Laws of treason sedion, suversion, and other politcal crimes characteristic of asolutism and rarely resorted to any longer in most Weste demo cracies ae equently relied upon y many Third World governments Parliamentary odies were deprived of authorty and state power was gathered in the hands of narrow oligarchies, usually under the sway of a stong personal rler In many countes electons were manipulated y the party in power, aused y the opposition, avoided or aandoned Not infrequently they were also violent which dis credited them fther Opposion parties were often suppressed in the name of one party states Their leaders faced the choice of joining the ruling monopoly or going underground or into exile Prime minis ters ecame presidents who were kings in all ut name with life tenure either in law or in fact The lives of more than a few proved to e quite short once it ecame clear that the only way to achieve power was to seize it y rce Politics were often reduced to succession suggles 28 In many African and Asian countries, repeating the historcal exper ence of Lan America, the military coup replaced democratc elections as the usual method of changing govements
D C O O N Z A T O N A T H O R TA R A N S M R F G S
The state apparatus o f coercion was usually expanded following independence to deter or deat domestc oppositon. Armed forces often increased many times beyond the small establishments that colonial govements relied on. Zambia' s army became ten times as large as Northern Rhodesia's Nigeria's federal armed orces were built up dramatcally wth exteal mitary aid durng the civi war between 1967 and 1970 but were never substanally reduced afterwards The frepower of most post-independent states is many mes greater than that of their colonal predecessors. These are but a few instances of the praetorianizaton of the Thrd World state which is a general phenom enon aimed not at defending countries from exteal attack but at maintaining govements in power. Goveents in multiethnic states were often dominated by particu lar ethnic groups with the equent result of inflaming rather than dampening the built-in conflicts of divided societies . Members of some groups often would not extend toleraton to members of others. Cer tain communities were beyond the pale, so to speak, and in relations with them anything could be tolerated including not only discrimi naon but also intimidation, violence, and in a few extreme cases massacres. Serious civil discord between govements and their ethnic or regional opponents has consequenty become a marked feature of the postcolonial state. In some cases it involved violence on a large scale: Iraq, India, Pakistan, Sri Lanka, the Philippines, Indonesia, Zaire, Burundi, Rwanda, Uganda, Ethiopia, Sudan, Nigeria, Sierra Leone, Angola, Mozambique, and Zimbabwe among others. Coun ies such as Chad and Uganda amounted to ltle more than violent arenas where rival ethnc warlords preyed upon innocent bystanders and laid waste to the countryside in a perennial suggle to seize control of a nominal state represented by the capital city. Many ex colonial states therefore have serious diffculty in establishing what Coingwood terms the 'essence' of civilization where men outside one's community come to be considered 'as human ings and there fore as much entitled to civility as they had been members of the community' . 31 Humanitarian reports in effect have documented the consequences of the failure to institute cstutionalism and the rule of law in many Third World states. The most important point about the weakening or collapse of the rule of law, however, is that it did not undermine or even impinge on the sovereignty of the states involved. Although there were moments of uncertainty at frst as when coups began to occur in Africa in the early 1960s and the question arose as to whether or not military usurpers shuld be recognized they were short. 3 The 49
SOVEREIGN RIGHTS VERSS HMAN RIGHTS
new soldier rulers had to b e recognized. Otherwise African inter national society very likely would have been undermined because the dialogue between states would have been interrupted. The alteative possibility that nonrecognition would have prevented the subsequent epidemic of military coups seems far less likely given the weakness of domestic civil and political instutions. Even extreme instances of incivility involving ethnic massacres did not affect the inteational legitimacy of the govements involved. That independence was followed all too often by incivility is in dicated by the Third World refugee problem Weste Asia and Sub Saharan Afca had the largest number of political refugees in the 1980s. There were also substantial numbers in Southeast Asia, Central America and Easte Europe People have been prooted and driven into exile in all ages, of course Political refugees are an integral com ponent of the states-system produced by its recurrent militar, re ligious, and ideological conflicts. But whereas the old despotisms of Europe when borders were comparatively open usually fostered refu gees in thousands and occasionally hundreds of thousands, the new authoritarian states of Asia, Africa, and Latin America where borders are far more closed produce them in millions. 4 'What is unique at the present time is the massive scale of such movements J The per secution of minories by totalitarian governments created unpre cedented flows of refugees following the Russian Revolution in the 1920s, during the era of Nazi Germany in the 1930s, and throughout the second word war. In the past to decades these movements have been imitated and even exceeded by Third World governments which in the mid-1980s denied safe domicile to more than 3 million people This trend is not likely to be reversed very soon because repressive governments or anarchical states, which manufacture refugees in large numbers, give no sign of disappearing. Connections between negative sovereignty and political refugees are not difficult to disce. Colonialism in Africa and elsewhere manu factured numerous economic migrants but comparatively few political refugees Decolonization inceased not only the salience of boundaries as lines of political control ut also their length due to the fct that many previously were merely intra-imperial borders such as those separat ing the constituent parts of French West Africa which are now eleven
q
sovereign countries Other things remaining e ual the more the globe is crosshatched with independent j urisdictions in which human popu lations are confined the greater the necessity of crossing international borders to secure release from oppression or desttton. ndependent rulers depend on borders more than colonial governors and as a rule
D E C O L O N ATON A UTHORTAR A N S REUGEES
devoe moe effo and esoues o onollng hem Fuhemoe as aleady noed e-olonal fones deny selfdeemnaon o naonales n many pas of he Thd Wold whee ulual bodes and sae oundaies ae a odds. In many ounes mnoes ae no poeed onsuonally o aommodaed polally. Some naonales ae polally pvleged whle ohes ae ages of ds mnaon noleaon and even epesson whh s pehaps no supsng n ounes whh esemble empes moe han anyhng else Somemes he vmzed ndvdual (o goup) has lle hoe bu o flee and eome a efugee Polal soal and eonom on dions ommon o many Thd Wold ounes enfoe hs sae of affas he naonalzng mpeave of auoa govemens ml arzaon of he sae polal ebellon wdespead ehn o aal pejude and sharp nequales of wealh among ohes In shor deolonzaon onally was no only a leaon move men bu also an enlosue movemen onned populaons whn eolonal fones and subjeed hem o ndgenous govemens whh ofen wee no only uned and nepeened bu also unable o unwllng o opeae n aodane wh humaniaan sandads anadan auhoies who deal wh efugees spea of unsafe oun res and legslaon befoe he anadan palamen n 988 onaned a equremen ha unsuessful efugee lamans be eued only o safe hd ounres . The ules of he negave soveegny game uphold safe and unsafe jusdons ale howeve S F • D T R M N A T O N AS S O V R G N R G H T S
The pnple o f selfdeemnaion of peoples s enshned n Ales and of he UN hae and eeaed n he 960 Delaa on on he Ganng of Independene o olonal ounes and Peoples and he 966 ovenan on vl and Polial Rghs I s whou doub one of he mos sgnan polal dornes of he eneh enuy As ndaed Ian ownle onsdes o be pa of he us cogs of he law of naons37 These UN ponounemens ae slen howeve on wha ouns as peoples The pnple of self deemnaon has also onsequenly poved o be one of he moe ambguous and polal of all he ghs ha have peouped he weneh enuy. Is a human gh o a soveegn rgh? Aodng o Man Wgh s a ombnaon of majory ule whh eludes aal mnoriy govenmens and eoral vnage whh pohbs he ule of alens and speally Euopeans o people of Euopean desen n nonWesen neaonal neghouhoodsJ Only ndgenous peoples an gove eolonal saes and hee an 5
SORIN RI HTS RSUS HUAN RIHTS
be n o European immigrant states in Asia and Africa to repeat the experience of the Americas and Australia. The distinctive illegitiacy of Rhodesia and South Africa is disclosed by this logic The prnciple has been aptly named 'racial sovereignty' by Ali Mazrui.39 Self determination in the Third World also contains an exogenous eleent, however. The new state is the successor of an identcal pre-exsting European colony and is legtimate by right of succession regardless of the different ethnonatonalities enclosed by it: Thus the prnciple which broke up the Central Empires of Europe in contrary effect outside Europe. The principle
98 is invoked for a
cuju regio eju reigio is
restored in secular form. The elite who hold state power decide the political allegiance of all within their frontiers; the recusant individual may (if he is fortunate) be permtted to eigrate . ' This new doctrne is most clearly evident in subSaharan Afrca. For exaple, all Africans who reside within the excolonial fronters of Kenya are Kenyans. Those who are Somalis by language and religion and by an accident of colonial mapmaking are separated from their brothers in neighbouring Somalia have the choice of emigratng Ironically, therefore it is the colonial state under new indigenous management which is the em bodiment of selfdetermination in the Third World The population within its jursdicton is formally the 'people' regardless of substantive differences of tradition, language, religion, or opinon The principle consequently lost important original features and ac quired rather different ones in its migration beyond Europe. It was no longer anything remotely resembling
nion
selfdetermination it
was not the positive right to have a state and government which coincided with historcal or cultural natonality or was subject to popu lar consent the meaning until this tme It was only the negative right not to be ruled by mebers of a different race. Moreover, self determination is not a continuing process but was dealt to populatons under colonial rule only once at the tme of independence The deck cannot be reshuffled and dealt out again afterwards without the con sent of affected sovereign parties which is very unlikely. There are, of course, copeling practical reasons for this change. A weakening of the concept was necessary to incorporate all excolonies in the global counity of states. If the older democratic concept had been retained it would have been more difficult to recognize the sovereignty of numerous excolonies in the Third World And if it were a contnuing possibility rather than a once and for all event it would threaten the geographical integrity of numerous excolonial states. Racial sovereignty and excolonial boundares in any cases have effectvely transformed selfdetermination into a right of sovereigns 52
SELFDEERNON S SOVEREGN RGHS
We see the prma f sveregn rghts learl n the 96 Charter f the Organzatn f Afran Unt 4 The re prnples f the OAU em bded n Artle f the Charter are nerned entrel wth the rghts f member states nludng () eual sveregnt f members () nnnterventn n ther nternal affars and () mutual respet f the sveregnt and terrtral ntegrt f eah member and ts nalen able rght t ndependene Mrever the ffth prnple ndemns wthut reservatn pltal assassnatn and subversn dreted aganst member states The usual targets f pltal assassnatn f urse are rulers These prnples dslse the mutual vulnerablt f Afran states men and ther effrts t redue t b means f nternatnal law up hldng abslute sveregnt wthn nherted elnal frnters n a Reslutn passed b the rst regular OAU meetng n ul 96 thse bundares were delared t be a tangble realt that all members were pledged t respet Cmments f ndvdual Afran statesmen reterate the same pnt The Presdent f the Malagas Republ bserved that althugh the lnalsts set bundares whh t ften gnred the ndgenus natnaltes t was nether pssble nr desr able t mdf them ndeed shuld we take rae relgn r language as rtera fr settng ur bundares a few States n Afra wuld be bltted ut frm the map The pnt was made wth greater aura b the Presdent f Mal Afran unt demands mplete respet fr the lega that we reeved frm the lnal sstem f we desre that ur natns shuld be ethn enttes speakng the same language and havng the same pshlg then we shall fnd n sngle vertable natn n Afra 43 The elnal state was the nl pratal bass fr sveregnt and f that bass were reeted t wuld result n has Ths has been the prevalng nternatnal reasnng n Afra ever sne The OAU has been reslved t den selfdetenatn t tradtnal Afran natnaltes Onl Mr an hstr kngdm and Sma la a nanstate nsstentl epress ntrar vews The resrt t nteatnal law b Afran sveregns t preserve elnal bund ares has been remarkabl suessful Althugh nearl all terrtral ppulatns are deepl dvded alng ethn lnes nt ne state urs dtn has dsntegrated Rebels an gan de facto ntrl f terrtres f urse but ths s nsuffent t apure sveregn The must frst be regnzed but the OAU the UN and the leadng wrld pwers wll nl d ths f the have reeved prr regntn frm the sveregn gvements nvlved Ertrean separatsts have never aheved sveregnt despte havng ntrlled substantal parts f 5
SOVEREGN RGHTS VERSS HMAN RIGHTS
northe Ethopa for more than a quarter century And they acheve t only when Adds Ababa consents E-colonal boundares reman n effect as nternatonal fronters throughout the hrd World wth very few eceptons Even where de facto borders have effectvely supplanted such boundares, as n Israel, they are stll morally and legally nsecure Inteatonal legtmacy and law s revealed, perhaps surprsngly, as a normatve framework capable of wthstandng the pressures of armed force and ndgenous culture hs s certanly not owng to any shortage of groups that seek to redefine estng terrtoral jursdctons One need menton only the most obvous bos n Ngera, the southern Sudanese, Baganda n Uganda, Skhs n Inda, Berbers n Algera, Baluba n are, amls n Sr Lanka, Karens n Burma, Kurds n urkey, Iran and Iraq, Somals n Kenya, Moslems n Chad, Baluchs n Pakstan, Moslems n the Phlp pnes, and varous ethnonatonal dssdents n Mozambque and Ethopa Selfdetermnaton of e-colonal jursdctons has therefore pro voked serous dscord n many Thrd World states Arnold Wolfers once characterzed the poltcal hstory of Western consttutonal states as that of domestc order and nteatonal volence Cvlty, n the form of consttutonal government, was far more n evdence dom estcally than nternatonally Postve soveregnty was conducve to nteatonal dsorder frequently marked by warfare oday n many parts of the hrd World the opposte s more often the case: statesmen are cvl n ther nternatonal relatons but abusve and coercve n ther domestc conduct whch not nfrequently s provocatve of nteal dsorder and volence he warfare characterstc of negatve sover egnty s nternal and not nteatonal H AFRCAN CHARR ON HUMAN AND POPS
R H S
One recent proclamaton of a regonal human rghts regme n the hrd World s the Banjul Charter on Human and Peoples Rghts adopted n 98 by the Assembly of OAU heads of state However t s actually a thn dsguse for assertng the prorty of soveregn rghts over human rghts n Afrca In the communty of states, as noted, human rghts law properly so-called s an epresson of nteatonal consttutonalsm t mposes an eternal legal restrant on soveregn govements n relaton to the populaton n ther jursdcton If t s effectve t tes the hands of governments whch s undoubtedly why t s ressted Inteatonal consttutonalsm s clearly evdent n the European Conventon for the
AFRICA CHARTR O HUMA AD POPS RIGHTS
Protecton o Human Rght and Fundamental Freedom whch a legally bndng ntrument that provde comprehenve procedural aeguard to protect human right To be ure t alo permt dero gaton rom thee procedure n exceptonal crcumtance For example Artcle 15 provde that 'n tme o war or other publc emergency threatenng the l o the naton any Hgh Contractng Party may take meaure derogatng rom t oblgaton Thee meaure mut be conned to thoe trctly neceary to deal wth the cr however Derogaton claue thereore define the prece ground o exceptonal tate authorty when human rght protecton can be upended temporarly or the ake o the greater good o all However they do not alter or even weaken the human rght pro von otherwe pecied n the conventon The Arican Charter by contrat not legally bndng There are not the ame comprehenve procedural retrant on overegn n repect o bac human rght uch a one nd n the European Conventon In the orgnal drat tate parte were under an obl gation to guarantee the right pecied and 'enure repect or them Evdently n order to gan acceptance rom Arcan government both o thee vtal word were elmnated rom the final veron The unretrainng character o the Arican Charter trkngly evdent n the abence o derogaton claue and the relance ntead on numer ou clawback claue whch crpple many o the bac human rght enumerated Thee entitle tate to lmt the pecfied rght by ub jectng them to dometc law For example Artcle 9 declare that 'every ndvidual hall have the rght to expre and demiate h opnon wthn the law Artcle 10 (1) provde every ndvdual wth 'the rght to ree aocaton provded that he abde by the law Article
11 acknowledge 'the rght to aemble reely ubject to 'neceary retrcton provded or by law n partcular thoe enacted n the nteret o natonal ecurty Artcle 12 recogze moblty rght wthn countre provded an ndvdual 'abde by the law and the rght to leave and enter a country ubject to pecfied retrcton 'provded or by law Clawback claue apply even to the undamental rght to lberty and ecurty o peron (Artcle 6) Unle derogaton claue whch do not limt pecfic enumerated rght awback claue make them ubject to the law o the gnatory overegn I thoe law uphold nonconttutonal government whch uually the cae n Arca the clawback claue nully the humn rght peced Hence they deeat the pont o nteatonal conttutonalm and lberte Arcan gnatore rom the mot m portant retrant peced by the Charter In other word dometc
SOVEREGN RGHS VERSUS HUN RGHS
law taks pcnc ov t Cat an snc n Aca omst law usuall s autotaan law ts mans tat t Cat actuall aknowlgs t pot o autotaansm Futmo t Pambl o t Acan Cat maks n to popls' gts' wc soul nssal guaant uman gts' T vocabula an gamma o t tt ncat tat popls' a t populatons o stats (o colons cons as a colltvt wos gts a s b govnmnts Fo ampl Atcl 9 spcs tat all popls' sall njo qual spt an qual gts an tat notng sall just t omnaton o a popl b anot' Atl 0 pans on ts b statng tat all popls sall av t gt to stnc' an t gt to sltmnaton' an colon o oppss popls to av 't gt to tmslvs' Futmo popls av t gt to ntnatonal assstanc b ot stats n t lbaton stuggl aganst ogn omnaton' Moov Atl las tat all popls sall l spos o t walt an natual sous' At ts pont sovgn gts nt plctl sn stats pats cs t gt to sposal o t walt an natual sous' an nabl t popls to ull bnt om t avantags v om t natual soucs' Lkws Atl acknowlgs tat all popls av t gt to vlopmnt' an stats nsu t cs o t gt to vlopmnt' It s vnt tat popls' gts' a not onl n ct but also ntnt t gts o sovgn Acan govnmnts Man o t popls' gts' spc a ncal to cntal pn cpls o t OAU Cat wc upol t autonom an jus cton o Acan sovgns Tat popls' a snonmous wt sovgns' s patulal vnt Al 3 w clas as popls' gts' t nttlmnts tat sovgns njo un t Cat o t OAU4 Fo nstanc scton () aos popls' t gt to natonal an ntnatonal pa' gov b t UN an t OAU Cats Scton ( povs tat an nvual njong t gt o aslum un Atcl o t psnt Cat sall not ngag n subvsv actvts aganst s count o ogn' Scton ( also stpulats tat t ttos sall not b us as bass o subvsv o tost actvts aganst t popl o an ot Stat pat to t psnt Cat' Ts s vtuall nal to langag n Acl o t OAU Cat wc s poccup wt upolng t ngatv sovgnt o mmbs It s cla tat t tm popls' s a cowo o sovgns T a o cous no tnonatonal popls no an ot popls w a nclu t tl o b mplcaon t concpt o 56
ARCAN CHARER O N HUAN AND PEOPLES RGHS
peopes ghs n he Bnj Che hs ngge eflecs he e conces of Afcn sesmen whch e he poecon of he js cons no he popons he new soveegny gme of pos coon Afc ke he o soveegny gme of ynsc Eope s gh of es he hn peopes An s geney espece by he commny of ses eess o omesc hmn ghs voons n pocmng peopes ghs he Afcn Che hs cy e ge hmn ghs Soveegn ghs e so nmbgosy even n he epc es of he nv o he se n he Che Poc obgon emnscen of Hobbes n he ge of bsosm s efney po o cv o poc ghs o empe Ace 7 eces h evey nv sh hve es ows he Se n he ne non commny Ace 9 speces he poc es of he nv: o seve hs non commny no o compomse he secy of he Se whose non o esen he s o peseve n senghen he non nepenence n eo negy of hs cony n o conbe o Afcn ny hese es whch so efec bsc OAU es e owe o soveen govenmens n scose he peoccpon wh secy n ny hs fce of Afcn neon w mos n enfoces omesc ws of eson n seon chcesc of hon eg sysems n hs eg he Afcn Che ffes fnmeny fom he Eo pen n Amecn hmn hs covenns n whch he noon of y' es ecsvey o he Ses obgon o he czen ncng czens of ohe ses who e whn s jscon ny he spemcy of soveegn ghs n he Bnj Che s nce by he sbseven oe gven o he Afcn Commsson esbshe osensby o pomoe hmn ghs poecon n Afc (No povson s me n he Afcn Che fo hmn hs bn) hee s e esembnce o he Eopen Commsson whch cn no ony nvese hmn hs compns b so nepeneny efe hem o he Eopen Co of Hmn Rghs whch s cpbe of n gns se pes Accong o P Segh mny nvs hve fon eess o compenson fo he evnces n mny of he se pes hve h o chne he non ws o he mnsve pcces n oe o compy wh he [Eopen] Convenon By cons commncons me o he Afcn Commsson e consee ony f hey e compbe wh he Che of he AU o wh he pesen Che (Ace 56) Moeove ny ecommenons me by he Commsson ms hve he po ppov of he OAU hes of se befoe hey cn be me 57
SOVEEGN GHS VESUS HUMAN GHS
public Th Commiion i clrly th rvnt o f th OAU with no uthority of it own Thr i virtully no poibility tht it cn rv n indpndnt protctor of humn right n hort not only do th Africn Chrtr mcult intrntionl human right but it go on to nhrn ctgory of 'popl right which r conidrd to b pror to humn rght nd which tnd for nothing othr thn ovrign right ntd of promoting intr ntionl contitutionlim by impoing civil rtrint on Africn govrnmnt th Chrtr by mn of clwbc clu nd individ ul dut to th tt librt ovrign from th humn right it numrt. Th Afrcn commiion otnibly t up to polic th rght i in fct th crtur nd rvnt of Africn govrnmnt. n othr word th Africn Chrtr i rfirmtion of th OAU nd it principl of ngtiv ovrignty. n rcnt y on th rul of lw in potwr intrntionl rltion tr Clvocori conidr th ccptnc by Europn govrn mnt of dciion by th Europn Court of Humn Right n hitoriclly igniicnt 'curtilmnt of ovrignty in fvour of th individul Any rful 'would b cu for cndl not only in th Community t lrg but lo in th country immditly concrnd 49 n n rgumnt rminicnt of Bur h uggt tht thi ccommo dtion of intrntionl contitutonlim i md poibl by priting fmily rmblnc mong Wt Europn tt in trm of politcl ida intitutonl tructur hitoricl xprinc urdictonl thori nd lgl ytm duction nd vn lngug. Mot of th tt hv noyd contitutonlim nd th rul of lw without intrruption for gnrtion nd mny for cntury or mor bliv th Europn humn rght chivmnt h bn poibl bcu dmocrcy i now ntrnchd in lmot vry igntory tt f thi i vlid it i confirmtion of Knt blif dicud in chptr 7 that ntrntonl humnitrinim i poibl only in lgu of cont tutionl wht h cll rpublican tt Unfortuntly inttionl contitutionlim i not urgnt mong uch tt which hv civil nd politcl librt built into thm nd ar tatitically the lt offenive to human right Whr it i urgent a in Africa and om other prt of th Thrd World it i far l lely to b relzd becau dometc conttutonalim i comparatvely wea rvaiv uthortranim wht Kant cald dpotm nd aw a the nemy of the rule of law driven by the incurty of ruler obtruct it Fure to ubcrbe to inteatonal human right i no caue for candal in Afrca Even the etablhment of the Afrcan Charter which emaulate them ha provoked no controvery The 158
A R I C A N C H A RT E R O N H M A N A N P E O P L E S R G H T S
weakness o f the Acan human rights egime confirms a n inference from Kant's belef namely that inteational humanitaianism is likely to be obstructed by a league of authoritaian ulers who ae peoccu pied with their own security. This is the message of an Afican student of human rights: Few of these governments have given prioiy to any national princple other than their own survival A considerable numbe of them have subordinated civil and political ights Laws have been implemented in a disciminato manner to ewad citizens who suppot the rules and to penalise those who do not '51 NTRNATON A L C L TY AND DOMSTC NCLT
Perhaps the threads of these remaks can be drawn togethe It is evident that one cannot change significantly the rules of inte national society and exand and diversify its membershi without affecting directly or indirectly not only that society but also the people who lve within its member states Decolonization clealy was an extension of self-determination and sovereign rights to numerous governments which reviously had not been independent But it was not always an extension of human rights to the populations under thei j ursdicton Only if those govenments wee prepared to otect the cvil and polical liberties of their subects could it also be the latte Some wee preared but many wee not Sovereignty gave excolonial peoples a legtimate voice in wold affairs and membershp in international oganizations, many designed exressly for undedeveloped countres However it coul not give hm domestic political and civil rghts bcause these are not in the gift of inteatonal society Deang colonial powers could not provide them not because they did not want to o did not try but because they ulmately wee not theirs to give Intenatonal agencies have sub equently been unable to safeguad human rights fo the same eason They cannot arbitrarly intervene to rotect citizens from the gove ments or from any other source of threat orginatng wihin soveeign states Civl lberes can only be derived from effecve state ini tons such as fe and fa elecons a consituonally loyal mlitary nendent cours disclned and uncoule polce an so foh The ffectvene of such instton dends moe than any hn el on he conduct of ovenmnt and ooion and l matly the characer and vrtue of leadn olitcal actos who ae in the st oion to uot o unemine conionalsm and th rl of law Unfnately n umtance of ma ovy ehnic cod an intns olcal tle common to many Th Wold tat 159
SVEEN HTS VESUS HUMN HTS
goenment and opposition feuenty ae moe incined t o pusue powe at a costs than obsee constitutiona ues Authoitaianism is ikey to peai whoee wins And intenationa society wi espect the pincipe of noninteention and suppot the winne whoee that may be n a goba cub of states whose membes ae diided into ui dictions of widey aying cutua chaacteistics it is difficut to engage in humanitaian dipomacy een at the best of times he age numbe of goenments inoed in human ights offences of one kind o anothe which in the ate 1980s compised appoximatey twothids of N membes obstucts intenationa action to educe them hy shoud the nited tates inteene in Haiti to peent eectoa io ence when the pobem exists in many othe counties as we? f humanitaian inteention was a poicy whee woud it end in an intenationa society containing many human ights offendes? his was the egettabe but eaistic esponse of a tate Depatment officia to a membe of ongess who was shocked by the boody suppession of democatic eections in that county in 987 and fet something shoud be done about it Not ony is it moe conenient to opeate with a genea pohibition against inteention but pobaby impossibe to do othewise without pooking seious intenationa contoesy which coud theaten stabiity and adesey affect the foeign poicy inteests of the inteentionists n such cicumstances it is not difficut to undestand why soeeign ights hae peaied against human ights to date and why thee is itte chance this wi soon change ntenationa society euies and indeed depends on ciiity between a soeeign goenments but this may hae to puchased at the pice of toeating inciiity between some goen ments and thei citiens hid od statesmen ae fastidious in obseing dipomatic codes and geneay conducting thei inteationa eations in accodance with coutesy, dignity, honou and othe noms of ciiity nte nationa oganiations pubic and piate constitute a wodwide netwok within which these noms ae the opeatie code of conduct he ast maoity of such goenments ecipocate poiticay and those which cuenty do not ae few Libya, yia, an, and one o two othes his is supising consideing the taditiona este peudice that nonEuopean ues coud not be tusted to ecipocate and theefoe shoud not uaify fo membeship in the community of states hey hae in fact kept thei pomises as we as anybody Decoonization has expoded this myth egatie soeeignty has undewitten intenationa ciiiation by oingwoods definition of
I N T E R N A T I O N A C I V I I TY A N O E S T I C I N C I V I L I T Y
admiing srangers in his case nonEuropean governmens ino he communiy of saes All counries are of course obiged o operae wih civiliy inernaionaly and i is aso usuay in heir ineress o do so The same canno be said of her domesic conduc Wha seems noeworhy oday is no merey he arge number of paces where he sae is a hrea o s own people or he fac ha nernaona sociey can do very lile abou i bu he realiy ha cerain receny adoped iernaiona norms acualy conribue o his unforunae sae of aairs The sandard of nondiscriminaion is one such norm Nowadays sovereign righs are reinforced by his sandard which uninenionay acs as a bar o ineaona criicism of cerain abusive governmens The whie criic of human righs violaions by nonwhie regimes risks being accused of racism which is abou he mos damning pubic accusaon ha can be suffered in he lae wenieh cenury Wese poliicians dipomas echnica expers academics and ohers in volved in ineaiona relaions wih nonWese saes scrupuously avoid making any commens ha migh run he risk of inviing suc a rebuke The resul has unforunaely been a very effecive aboo on such cricism Durng he ermina colonia period as indicaed Euro pean powers wih overseas dependencies were subjeced o srenuous and ariculae condemnaion by whies and nonwhies aike which made i more difficu for hem o negec he cvi and even evenually he poiical iberies of heir coonial subjecs By invoking sefcensor ship however he aboo efecivey prevens condemnaion of pos colonia govemens equivaen o wha was direced a heir Euro pean predecessors and s is direced a he human righs abuses of Souh Africa The sociey of saes is hereby deprived of an imporan ool which oherwise migh influence some govemens o refrain rom violaing or negecing he human righs of her own people I is surely ironic ha a new sandard of nondiscriminaion inended o repudiae racia prejudice has acuay become a shield for cerain abusive or negligen govemens There is consequeny a curous orm of discriminaion in iner naonal reaions oday in which he conduc of sovereign gove mens is subjeced o differen sandards deermned by race Generaly whie govemens are subjeced o higher sandards and expecaions of domesic conduc. This is eviden from he far more srenuous criicism appied o he govemen of Souh Africa as compared say o ha of Sri Lanka despie he fac ha human righs violaions involvig governmen or is agens are probaby no greaer in he former counry and migh be ess The beneficaries of he 161
SOVEREIGN RIGHS VERSUS HUMAN RIGHS
an-racist taboo are not only decent govements but also those which engage in discriminatory, intoerant and even inhumane practces. The osers are citizens of the latter. The doube standard therefore punishes the very people that the inteational abolition of racia discrimination was intended to benefit. There is little to indicate that this twisted system of inteaional nondiscrimination wil soon end. In a famous essay on non-intervention J S Mll argues that sef determination is the right of peope 'to become free by their own efforts and nonintervention is the principle guaranteeing they will not be prevented by foreign powers from attempting it 2 However it is not necessariy the case today that people everywhere are eft to secure freedom on their own and that they have an inteationa right not to be prevented by foreign powers from attemping it They do have such a right under international law which is widey although not uni versay observed today. But prevention by foreign intervention is not usually the probem. Even where noninteention is observed which is most places freedom is still very unikely to be realized . This is because internatonal relations have changed very significanty since Mils tme. Because they are aready sovereign the longing for inde pendence cannot serve as an incentive for incumbent rulers to mobiize and organize their popuaons to strive for freedom. On the contray, sovereigny gives incumbent eites a strong incenive to maintain their pivieges by preserving the
status quo
It aso gives rival elites an
incenive to atempt to capture these privileges for themselves. This sets in motion the authoritarian srugge for power which is usualy fata to civi iberties. Furthermore, because most Third Word coun ties are far more ike inteal empires than nationstates they cannot desire and strive for individua and naiona freedom in the same way s e subject naioniies of Cenra Europe which Mil had in mind Tey are lke the empires those naionaies were sriving aginst. The authenic nationaies of the Tird Wod which do possess such onings are effecvey brred om acquiing sttehood by inter nation soey. Tis barier is igher than that which confronted the Balkan peopes in Mill's me because it is based ostensibly on self detemnaton rather than imperalism and is therefore uphed by current noms of inteational democracy. To sum up There is evidence of unprecedented civiizaon at the internaonal level today Third World statesmen are honourable members of inteational society who respect inteational law and moraity as well as any others Paradocally, however, inteational cition not only veis significant domesc invility but aaly conbutes to it aleit unintentionally Under cuent noms of the
N T R N A T O N A C V T A N D D O S T C N C V
ngativ sovrignty gam th balanc o advantag within stats lis dciddly with sovrign govmnts and against thir citizns Pr haps this has always bn th cas but today it is rinorcd by an laborat intrnational suprstructur built and maintaind vry largly with th prsation o xisting hird World urisdictions in mind h unintndd consqunc all too rquntly is to uphold authoritarian violators o human rights his is a curious rvrsal o civilization in th classical positiv sovrignty rgim
7
Q A S I - S TATE S AND I N T E RNATINAL T H E RY
CASSCA
PARAD GS
OF
NTRNATONA
T H O U G HT
A word contanng both tate and quatate dfferent from one contanng ony tate, or tate and forma dependence, and f our theore are to be reevant they mut be abe to account for the dfference Can our caca theore of nteatona reaton make ene of the practce and nttuton of the negatve overegnty game? Are ther aumpton conceng the nature of tate vad n the cae of quatate? Or are amendment to them and poby even new theore caed for? Before thee queton can be addreed t neceary to be cea what meant by nternatona theory Martn Wght dentfe three caca paradgm whch have exted n dffer ent veron amot a ong a overegn tate 'ream', ratonam, and 'revoutonm 1 At the rk of overmpfcaton, thee term denote the contratng dea of natona efnteret and prudent tate craft (Machavem), nteatona aw and cvty (Groanm), and goba potca communty (Kantanm) They are categorcay dffer ent mode of thought wth the own ogc and dom Caca nternatona theory, accordng to Wght, preemnenty a theory of urvva Beng overegn tate ext n a condton of anarchy and mut n the at anay depend on themee to urvve Ream conceve of nternatona reaon a haped predomnanty f not excuvey by raison dtat potca rght the good of the tate and overegnty the fina word n uch matter Of coure, t may ometme be prudent to conduct foregn pocy accordng to nter natona ethc but they are not to be confued and the atter merey a dgue Snce tate are at berty but et n coe quarter they cannot avod comng nto contact and are conequenty bound together by fate athough not by ocety Machavem gve no cre dence to the dea of nternaona moraty and aw The nteatona ytem an arena where tatemen purue ther nteret and perod
C L A S S I C A L PARA D I G S O I NTERNATIONAL THOUGHT
cally ge no conflcs whch may hreaen he suvval of some The fundamenal nernaonal relaons problem s herefore prevenng such confcs from geng ou of hand neaonal pracces whch address hs problem nclude prudenal dplomacy, naonal defence, mlary allances, he balance of power, and oher nsumenal measures and calculaons whch dsclose saes as rival power apparauses wh an overrdng neres n suvval The reals mage consequenly s ha of soveregn saes as free, compeve, and some imes combave egoss nernaonal ndvdualsm A classcal reals s also one who beleves ha he dea of naonal neres s a xed daum of nernaonal relaons whch s affeced neher by me nor by place Perhaps hs s why Machavell connues o be read oday almos half a mllennum afer he wroe The Prince Ths feaure of reals heory also lends scenfic saus However, s no a scenfic heory a all because s objec s no a naurally occurrng phenomenon bu hnkng, wlng and acng human agens who have a hab of repeaing hemselves bu are no slaves o forces beyond her conrol They make msakes They change her mnds They lose her nerve And hey also somemes learn from experence nernaional relaons lke all human reaions are hsorcal and no naural Hans Morgenhau emphaszes hs pon: No formula wll gve he saesman cerany, no calculaon elmnae he rsk, no accumulaion of facs open he fuure hs acual condon s more akn o he gamblers han o he scenss2 n nernaonal relaons, accordng o classcal realsm, here s no such hng as guaraneed secury fe s conngen Survival s problemacal Saecraf s a world of uncerany like a game of poker excep s governed by nsumenal ules only Raonalsm, by conras, s a concepion of nernaonal relaons as a socey shaped by a conversaion beween saes and he rule of law The roo of he socey of saes s he socably of man The fac ha nernaonal relaons are anarchcal does no rule ou oblgaions beween saes whch are bound ogeher no only by fae or prov dence bu also by nonnsrumenal rules and pracces such as equal soveregny, muual recognon, and recprocy whch hey obseve by and large even durng war wch s a rulebased acvy goveed by he laws of war The leadng dea here s consiuonalsm: obsev ng ules whch apply equally o oneself as o ohers Soveregn saes are rghandduybearing uns and no merely nsrumenal agen ces, oherregardng nernaonal czens and no ony selfregardng ndvdualss The neaonal sysem s herefore a cvl socey of member saes who have legmae neress whch may confc bu 65
Q U A S S T A T E S A N D N T E R N A T I N A L T H E R
w are as subject t a cmmn bdy internatina aw wic seeks t reguate suc cnlicts nternatina tey is sti a tery surviva but te means suviva are scia as we as individua Ratinaism is a ntin states as reey cnsenting aduts w rm internatina sciety by making treaties bseving cmmn custms and usages attending cnerences unding rganizatins and en gaging in ter biatera r mutiatera activities wic aim at mderat ing teir reatins and prviding gds in cmmn ndeed svereign states nt ny cntract internatina sciety but are insepaabe rm it Since suc nging activities cange ver time ratinaism is mre expicity istrica and devepmenta tan reaism Our wn century as witnessed tree rerientatins internatina sciety: te League Natins te United Natins and te emergence te Tird Wrd
A urt is in te ing i Grbacev is successu in reintegating Russia int te cmity natins Neverteess sme inteatina rues and institutins wic are undamenta t any sciety sver eign states suc as nninterventin cannt be canged witut destrying tat sciety r rater tansrming it int smeting ese Ratinaism cnsequenty is a tery pen t sme institutina rerms but as wedded in te fina anaysis t te practices cnsti tunay independent states: inteatina anarcy 'Revutinism is te tird paradigm inteatina tery identi fied by Wigt and reected in te Prtestant Refrmatin te Frenc Revutin te Cmmunist Revutin and by extensin t te pre sent day te samic Revun te Green Revutin and s rt Revutinists reject te existing svereignty system in te cnvictin tat it is an bstace t te utimate vaues umankind Fr mma nue Kant svereignty is a barrier in te pat enigtenment Te predminant revutinist image is tat a cmmunity mankind r
unvta
Men aways take precedence ver institutins and cnse
quenty te svereign state must be subject t a iger autrity r
cvta maxma sme kind 3 A dierent revutinist image assciated wit Marx and wit sme brances pitica ecnmy tday is tat a gbe divided int sciecnmic casses wic are mre unda menta tan divisins between states a weaty and industia centre and an impverised and fr te mst part agraian peripery wit igy unequa and indeed imperia reatins existing between te tw 4 Tis mde is revutinary nt ny because svereign states are ess signiicant tan casses and indeed are in certain respects te creatures and instruments casses but as because te sugt ater uture usuay is a wrd ree cass divisins and terere free te capitaist states wic ep t perpetuate tem
C L A S S I C A L P A R A D I G S O F I E R A I O A L H O U G H
The emaine o f his chape is evoe o consieing how fa hese classica heoies can euciae he eaions an coniions of uasisaes. If he heoy of an inenaiona sysem conaining only saes o saes an colonies is a heoy of suviva wha is he heoy of a sysem which conains many uasisaes an viuay no coonies? Is i sil a heoy of suviva? Is i a heoy of pogess? O is i somehing else? How o hese noions of inenaional heoy suae wih he negaive soveeigny game? I o no beieve he insiuion of uasisaes efues any of hese heoies I us soe on hei hea howeve. QAS SAS AD H HOR OF SRVVA
I n conceiving o f 'eaism Wigh ha heoiss such a s Machia vei an Hobbes in min so i may be appopiae o begin wih hem Machiaveli is no he bes example of a eais because his hough only peigues he moe heoy of he soveeign sae ha emeges lae in Boin an Hobbes. Thee is no insiuional heoy of he sae in Te Prince bu ony an insumenal heoy of pesonal ule Even Machiavellis anaysis of he 'consiuiona pincipaliy is wien fom he singula viewpoin of becoming an emaining he ule. The pincipaliy is inisinguishabe fom he inees of he pince a naowe concepion han cassica eason of sae which allows fo a public inees above an beyon ha of he ue One canno aw such a isincion in Machiavei he enie Machiavellian oolki of insumena wisom is caculae o seve he excusive pupose of he wil o ue. Machiaveis heoy conseueny is moe abou pesonal poiica suvival han suviva of he sae His emphasis on pesonal ue neveheless is a paiculaly useful sang poin fo heoizing uasisaes The omesic poiical life of many such saes is evocaive of Te Prince a pace of insecuiy bu aso oppouniy whee ambiious poiica acos sugge an conspie o cono he govemen an he one wih he sengh of a ion an he wi of a fox usuay pevails in he en Up o a poin uasisaes ae evesions o he eay sixeenh cenuy. Bu only up o a poin howeve an ha poin is he aeweniehcenuy sociey of saes which unewies hei suviva. The Thi Wol pince mus woy abou losing his hea bu he nee no be concee abou osing his pincipaiy Thee is no King of Fance o heaen his soveeigny his sea in he enea Assemby is guaanee. Ahough he mus ofen be a lion an a fox omescaly he has an exena insuance policy which pemis him o a saesman inenaionaly. Quasisaes heefoe inouce consiuiona assumpions abou inenaional 67
Q A S S A E S A N D N E R N A O N A L H E O RY
relaons that are undamentaly at odds ith the Machiaveian a o the ungle Hobbes reaism, unlie Machiavelis, is ounded soidly on a con ception o sovereign statehood In chapter o Liathan Hobbes cals attention to state roniers brstling ith guns and orticatons as evidence not only o an inteational state o nature but aso o sover eign states Sovereigns externaly are in the same condition as men in the state o nature: naturay ree and not merey independent Nationa deence is Leviathan carrying out according to the sovereigns udgement and commands (chapter 8 6) that part o the social con tract hich reates to the extea orld protecting the subect rom oreign threat This is the office o the soverein I he does not perorm and the enemy invades, the covenant is dissolved and domestc civi society reverts to the state o nature hich or Hobbes is the ar o al Sovereignty is consequenty based on the sovereigns perormance o his duty under the covenant positive sovereignty Athough Hobbes is preoccupied ith the problem o securty and survival, he is conceed ith the securty and survival o subects as ell as ruers Hobbes consequently goes ar beyond instrumenta Machiavelian statecrat and conceives o the sovereign state as an organzed protectorate o its subects His politica theory is a constitutional theory o the sovereign state and his inteationa realism is a doctrine o reason o state and not merey o the prince
Quasistates possess arms but they usually point inard at subects rather than outard at oreign poers hich indicates that either no signicant external threat exists or an inteal threat is greater Loo ing outard there can be no baance o poer or international equilib rum based on the credibilty o sovereigns Quasistates by deinition are deicient and deective as apparatuses o poer They are not positivey sovereign or naturally ree
Instead, they are consti
tutionaly independent hich is a orma and not a substantve con diton Loong inard, there can hardy be a social contract since the ruer is threatening (at east some o) his subects and evidenty they him This is an instance not o covenants, ithout the sord being but ords7 but o sords ithout a covenant signying nothing but orce and terror The quasistate is an uncivil more than a civil pace it does not yet possess the rule o a based on the social contract The populations o quasistates have not yet instuted a covenant I no covenant exists, there can be neither subect nor sovereign nor commonealth no emprical state But unle Hobbes realist scen ario, the quasistate cannot ocaly colapse into a state o nature because its sovereignty is derved not internaly rom emprical state 16
Q U A S - S T A T E S A N D T H E T H E O RY O F S U RV V A
hood but exteally from the states-system whose members have evidently deided and are resolved that these jurisdiction shall not disappear. The quasi-state is upheld by an exteal covenant among sovereign states. This is not only ironcal but also paradoxical in Hobbes' terms and inconsistent with his realist logic. Quasi-states tu Hobbes inside out: the state of nature is domestic, and civil socety is inteational. I hope it is ear from this brief summary that when it comes to quasistates Machiavell and Hobbes can be misleading But what about classical realism as we understand it today? One might argue that even though quasi-states are organizationally impaed it does not conadict realist assumptions because their estence merely reflects indifference to them on the part of the real states of the world The unconce of the major powers enabled Third World states to become independent and they connue to exist for the same reason despite their disabilities and inirmities. Indifference' belongs to the vocabu lay of power and therefore realism. Juridical statehood is only a faade: quasi-states are tolerated by real powers only because nothing vital is at stake. Where something is vital their ostensible indepen dence is interfered with: as in Nicaragua, Grenada and Panama by the United States Afghanistan by the Soviet Union Lebanon by Israel and Syria, Angola and Mozambique by South Africa, Camdia by Viet nam. Quasistates therefore exist and survive by virtue of the East West balance of power which has endured throughout the ente period of Thid World decolonization and independence This global contest in which the superpowers are checkmated has created inter national space to accommodate a nonaligned Third World of marginal states Only a few strategic ex-colonies mainly in Asian and Middle Easte conflict zones have been drawn into alliances with the super powers The rest are bystanders. The SovietAmerican conflict undoubtedly created an inteaonal ccumstance in which it was easier for quasi-states to be bo and to survive. But it does not explain why many ex-colonal states whch ae marginal to power polics are not by any means ignored by the sub stanal states of the world including the superpowers The latter can scarcely be interested in thei own security so why do they entertain quasi-statesmen and their views? Perhaps it is because they are no less susceptible to inteational opinon than others: they desie presge and seek the approbation of the statesmen of the world who give and withhold it Power can deter rivals but it cannot procure good will Although quasistates have nothing substantal to conbute to the developed states, they can and do influence inteaonal opinion 69
Q U A S I S T A T E S A N D I N T E R N A T I O N A T H E O RY
Quasi-statesmen have an articulate political voice which is registered in various international forums Voice is signiicant only in a demo cratic society where opinion as well as power counts for something which is what inteational society has become since decolonization Third World states consequently receive widespread and unceasing attention today Realism underestimates the political significance of marginal states in international relations It disregards the elaborate democratic ediface of inteational law, organization, and aid fash ioned explicitly for such states The novelty of this situation is empha sized by J. D B Miler: 'The genera atmosphere of the international system is now more favourable to small states, and harsher towards the major powers, than at any time in the nineteenth and earlier twentieth centuries This may seem a doubtful statement in the era of the superpowers, but the evidence suggests hat it is true8 The contemporary realist might reply that political institutions and activities such as these are merely conveniences for the powerful states or at least are not inconvenient This stems from a view of inteational law as fundamentally instrumental or economical rather than moral or obligatory: it is accepted and acknowledged only because it enables real states to get on with the business of inteaonal relations with greater predictability and confidence and perhaps less cost and effort than would otherwise be possible Law is preferred to force in inter naonal relaons because it is more cost effective Consequently, the accommodation of quasi-states by internaonal institutions which are underwritten by real states is consistent with realism and not in conflict with it We come back to the realist point that quasistates exist and are tolerated because they cannot interfere with the interests of real states The inteational instuons which sustain them have utility to all states including the most powerful most of the me In a democratic age nonintervention is less inconvenient than colonialism, giving states a place in the UN is easier than denying it, providing foreign aid costs little in national terms and might promote ones interests with the recipients, writing off the debts of the most impoverished countries is less disruptive than trying to collect them, and generally dealing cour teously with marginal states is likely to work better than dictang to them or dismissing them as of no real consequence I believe there is more than a grain of truth in this arument and to this extent reaism provides an apt account of quasi-states However, it aso misconstrues or overlooks some things The key phrase 'in a democrac age is not a statement of power but of le macy of rights Presumably in a nondemocratic age imperialism and colonialism were more convenient The fact is that ideas change con
70
Q A I - T A T E A N D T H E T H E O RY O F R V I V A
cein what is not only instumental o possible but also acceptable an ustiable. In nin convenience in these ways of opeatin the poweful states ae acknowlein an obsevin impotant new no mative pecepts in thei conuct. In shot classical ealist theoy oes not altoethe squae with quasistates as inicate fo example by the followin claim of Hans Moenthau 'Face with the necessity to potect the ha coe of the national inteest that is to peseve the ientity of the nation all govenmens houghou hiso have esote to cetain basic policies such as competitive amaments the balance of powe alliances an subvesion intene to make of the abstact concept of the national inteest a viable eality. This is an apt sum may of the taitional soveeinty ame but if it wee univesally tue toay numeous states woul be in ave eopay Yet they ae actually quite secue because they ae not equie to play this ame at all. Thei suvival is uaantee not by thei own effots o those of thei allies but by the new emocac postcolonial inteational so ciety most of which has aisen since Moenthau wote. Quasistates ae evience not of taitional ealism but of a novel kin of inte naonal iealism which has flouishe in the last thi of the tweneth centuy. An unlike the utopianism associate with the Leaue of Nations this new iealism is conne only to the mains of inte national society whee it can be sustaine without pesenn the same haas as the ealie vesion This bins us to the implications of quasistates fo the ationalist conception of inteational theoy. In conceivin aionalism Main Wiht ha the classical intenational lawyes in min. So pehaps it is appopiate to bein with bief emaks on Gous1 One coul con sie Gotius a 'ealist insofa as he beins with the assumpon of a pluality of soveein ovements that ae ee aents Howeve iteaional law is a esponse to the necessity of subjectin soveein powe to some wokable stanas of conuct Gous consequently takes issue with classical ealists that states ae a law unto themselves Machiavelli) an that soveeit theefe absolute Hobbes) On the conay it is limite by naual law the ictate of iht eason o moality to which statesmen ae no less boun than othes an posive inteaonal law eaes an stoma pactices to which states consent oveei states ae heee ee to pusue thei naional iteests but the ae sill subject to he iteational le of law hey have no licence to isea he leimate inteests of othe states he ke to Gous is the iea that iteaional elaions consi te a ealm ovee b law an moali a ae not mel a ckpit of vl iteests Even wae is boun b he laws of w o Hobs
Q AS ISTATES A N D I NTERNATIONA THEORY
overeignty i free rom exteal normave regulaon but or Grotiu a or Locke it i held under law like property' . Grotiu exprely denie the Machiavellian doctrne 'that or a king or a tate nothng i unjut which i expedient' . 1 1 Inteational re laon are not goveed by the law o the jungle. Requirement o civility override conideration o expediency they come into conlict It would thereore be a ditorton to claim that international relaon are determined wholly by elregarding behaviour o overeign government. On the contrary they involve oblgation legal dutie honour repect courtey and other element o cvil conduct The paradigm obligation and indeed the ounation o inteational law i the rule cta sunt sanda Henc the natural order o tate i reci procity rather than armed hotility Grotiu thereore acknowledge the reality o tate a ree agencie o power whoe rivalre and conflict could do enormou damage to peron and property either intentionally or inadvertently i they were lave to their own el interet and hubri He wa preoccupied with regulating thi mot aweome human power by the only rational mean he could conceive law The undamental predicament o inteational relaton wa not only ubjecting uch power to the rule o law however but ac complihing it without the mean o a uperor authority. How doe claical ratonalim quare with quaitate? Quai tatemen conduct their inteational relation with a much civility and orbearance a any other they obee norm o inteatonal oety they avoid intervening in the dometic juridicton o other tatemen they do not indulge in warre Indeed they are champion o the law o nation and oten eek an expanion and deepenng o inteaonal obligation. Thi i enrely conitent with Groanim but the act may not be what they eem nteational civility preuppoe the reedom to act otherwie. Quaitate expect and demand orbearance rom other becaue their urvival depend undamentally on nonintervenon However they may not have to bear the burden o reciprocating becaue they are oten in no poition to do anything ele. Their good conduct inter naonally may thereore pring more rom neceity than virtue and indicate only the appearance o cvility and not the reality. Further more although they repect the right o othe overeign they oten exercie only limited orbearance and civility in ther relaon with domec rival and ubject. Perhap they cannot aord to be cont tutionalit dometcally becaue they cannot trut their dometic ri val and ubject to reciprocate. They are thereore obliged to be authoritarian. Thi i the revere o their inteaonal urvval which
Q U A I -TATE A N D THE THEORY OF URIAL
dnds no on Machavllan skls bu on h wlngnss of ohrs who could drv hm of hr ndndnc o rfran from dong so by obsrvng h rul of nonnrvnon In shor Groans maks assumons abou sas as osvly fr y muually oblgad nrnaonal agns whch canno whou dsoron b mad abou quas-sas Raonalss oday ar calld uon o horz a novl naonal socy wh conradcory norms As ndcad n char 2, nr naonal law radonally was concvd n rocdural rms as a
oca or cvl assocaon
I was 'advrbal as Oaksho mgh u
bcaus sough only o modfy h slf-chosn acons of sas mn n aroxmaly h sam mannr as h ruls of h road rgu la drvrs of moor vhcls (alhough lackd an ovrarchng offc of rul and aaraus of nforcmn) 2 I dd no drmn h dsnaon or h rou lgma naonal nrss bu only h accabl ways of rocdng whch wr scd n s usags and raccs Publc nrnaonal law has rand hs rocdural faur n nonnrvnon and ohr ruls of forbaranc Howvr has also acqurd urosv characrscs of a
unva
or nsrumnal as
socaon whch sks o command and coordna h acons and rsourcs of sas n h on ursu of common goals Raonalsm n h la wnh cnury s hrfor dffrn from wha was n arlr ms I s no longr only a hory of naonal cons uonalsm h noon of sas as fr agns who ar subc o normav rsrcons and rohbons of varous sors whch rflc h
ngav
characr of classcal nrnaonal law Conmorary
nrnaonal socy n addon gvs xrsson o 'raonalsm n Oakshos
pov
manng sas as collaboraors n a common
ngagmn for xaml o dvlo h Thrd World or rduc n vronmnal olluon or radca dsas or rvn rrorsm or combn n h on ursu of varous ohr subsanv urposs Q A S S T A T S A N D T H T H O R OF P R O G R S S
How wll dos rvoluonsm hrfor squar wh h xs nc of quassas and h raccs of h ngav sovrgny gam? Consdr Kans classcal vrson whch osulas a com muny of manknd ha ranscnds h sassysm and s ror o 4 Th frdom of sovrgn sas rsns a grav roblm bcaus hy ar caabl of causng gra dsrucon and suffrng by hr combav rvalrs Whou a hghr auhory o curb hm ha s mor ffcv han h fbl naonal rul of law horzd by Grous h suffrng wll connu (Kan s of cours rfrrng o cvl 73
Q U A S I - S T AT E S A N D I N T E R N A T I O N A T H E O RY
and not socioeconomic hardship. ) True freedom for mankind wil be at hand only when the absolute freedom of states - a lawless condition is ansfomed into eedm under exte ws This can be realed only by states entering a 'great federation' which must be a 'united power which means that states must sacrifice their sovereignty This de velopment is the fulfment of the 'enlightenment': the ascendancy of reason over man's 'baser instincts' which for so long has perpetuated the inteational state of nature For Kant the problem of instituting political reason within states is therefore subordinate to that of estab lishing it between states Only a league of constutional states can ensure the civlity of its members and bring ito the light of day the universal community of humankind Although quasistates generaly ar good citizens inteationally many nevertheless operate conary to the rule of law domestically This ght be read as a refutation of Kant's thesis conceing the humanizing effects of inteational constituonalism However, this would equate the UN with Kant's 'great federation' which would be erroneous snce the UN is a creature of the statessystem and no more It nevertheless is tempting to speculate what ight have been if al the victorious great powers in 9 were constitutonal states or if Gorbachev were to en Russian despotism and establish the rule of law in the Soviet Union and the same were to happen n China Would the Secuity Council then perform a Kanan role in which member states are obliged to observe the categorical imperative of political reason and right domestically as well as inteationally under enforcement by the great constitutional powers? But this is speculaton and history has so far taken a different course As indicated in previous chapters the UN accommodated as ul and equal members all newly independent states regardless of thei dom estic conduct or chaacteriscs Authoitarian states eventually fomed a majoity of its membership At the General Assembly n New York, Third World statesmen operated constitutionally they were defenders of ee speech and other rights of statesmen But at home many not indeed most were intolerant of the same rights or thei own ciizens Toay this inconsistency is taken entiely for granted as expected behaviou Thus the spread of inteational democacy has not usually ben accompanied by a coresponding progress within newly enanchised states where in many cases not most, mens' 'baser insncts' untnately coninue to prevail But Kant's theory cannot b evaluated bcause the practices it presupposes unlike those of realis and raionalism have never really been ried The closest to it toay is inteaional human ihts law which althouh suject like all
Q U A I - TAT A N D TH THORY O F PROGR
ineaiona aw o he eerminaion o f inepenen saes neverhe ess iscoses an image however shaowy of a communy of manki Bu, as noe in chaper 6, inernaiona humaniaanism is mos secure where omesic emocracy is srong, an mos vunerabe where i is no. In ineaiona heory oay unoubey he mos sefconscious exampe of neo-Kanan revouonism is he wor orer perspecve bes exempifie by he hough of Richar Fak who perceives inm aons of an incipien movemen away from he saecenc Wes phaian paraigm which has preominae for he pas hree an a haf cenuries 15 Ahough he new paraigm is no ye evien in prace i is prefigure in ransnaiona probems which are renering anoma ous, obsoee, an even esrucve he esing ivision of he pane Earh ino inepenen an sef-serving errioria ses. Goba probems such as he hrea of nucear esrucion, povery an uner eveopmen, environmena egaaon, he popuaion exposion, an so forh canno be resove by sovereign saes an are inee exacerbae by heir freeom which inicaes ha he saecenic paraim no onger works . Since hese probems are essenay ransnaiona hey can ony be aresse by ineaiona cooperaion. Naiona govemens mus give up some of heir sovereigny o boh higher an ower auhoriies which are beer aape an ocae o ea wih hem. Fak foresees a new wor orer invovng cena guiance an non-errioria acors in which he sas eve of ner naona sociey wi weaken as he goba an e oca eves srenghen: oyaiy an egimacy are shfing away from he sae owar he cener of he gobe an owar he oca reaies of com muniy an senimen . 1 6 The poica fuure herefore envsage by Fak is a goba unsas ironicay reminscen of he meieva wor Bu snce mankn oay is no a posiive poiica eny n isef he
unsas
moe necessi
aes a wor boy of some kn o give irecon an animaon o he sough afer gob goas of mankin. Ths obviousy wou reque a essening of he inepenence of sovereign saes. On amos any reang of conemporay wor poics i is ifficu o rear his kin of forecas as anyhing bu uopian an naive7 Deveope saes cerainy give e inicaon ha such a prospe is even conceivabe e aone aainabe They wou of couse reconie he oba probems ienfie by Fak an possiby even aee wh hm ha he resouon is hihy esirabe bu hey aso wou amos ceany nsis hey cou ony be aresse wihin he famework of he exsn saessysem an wou probaby arue ha soverei
Q U A S I S T A T E S A N D I N T E R N A T I O N A L T H E O RY
internatonal cooeraton are not ncomatble Falk seems to beleve that the constrants of the exstng dvded world wll thwart them and the negatve extealtes wll eventually drve them to collaborate n the world order enterrse he foresees Falk makes a artcular ont of dstngushng the wellbeng of govements from that for eoles or countres The searaton s necessary because a declne of soveregnty need not ental a corre sondng loss for eoles who accordng to Falks reaonng would stand a chance of enjoyng the values and goods aleady mentoned, artcularly socal justce and economc develoment, whch the cur rent regme denes to many The only concevable losers would be existng soveregns But quasstate are creatures and ndeed rotec torates of the contemorary statessystem and f that system s tran scended n the manner rohesed by Falk ther rulng eltes wll suffer a declne n status, rvlege, and wealth Furthermore, f the new world order romotes human rghts and subnatonalsm as Falk clearly mles then we can be certan that most Thrd World states men wll oose t A shortcomng of the world order ersectve s ts underestmaton of the value of soveregnty to Thrd World govern ments whch s extremely hgh because t s virtually the only source of their status and rvleges They are jealous of ther soveregnty and are the fst to comlan at even the slghtest hnt of foregn nter ference They are also the last to authorze nternatonal human rghts covenants whch mght restrct ther ndeendency n short, quas statesmen clearly desre develoment but t s doubtful they would embrace the sort of revolutonary change rohesed by Falk What they demand from the nteatonal communty s more contradctoy: both guarantees of ndeendence and rghts to socoeconomc develoment Ths bngs us to the neo-Marxst or structuralst varant of revol utionism At rst glance quas-states aear consstent wth many elements of structuralsm: the socoeconomc dvson between the rch catalst countries of the North and the oor roletaran countres of the South; the enetration of quas-states by Multnatonal Coror ations (MNCs); the deendency of many Thrd World states on econ omc decsons taken beyond ther borders and for the most art wthn major catalst states; the existence wthn quas-states of small rv leged eltes and large oressed classes of workers and easants; the fact that the eltes benet from and ndeed owe ther exstence and wellbeng to the states-system and consequently desre to consee t rather than overthrow t; the tendency for the exstng global catalst order and ts state auxliares to be eretuated f undsturbed and the 76
Q U A S I STATES A N D THE THE OY O F POGESS
necessity o f revoltionary action to change it Independence hardly changed the material conditions of the hird World it was a contin ation of imperialism and colonialism nder a different name which only revealed greater hypocrisy than efore he term qasistates therefore merely reiterates what is already well known that most hird World states are not yet eneficial to the masses of ordinary people who inhait them and whose living conditions have improved little if at all as a reslt of independence. After decolonization the levers of power and control remained exactly where they were efore: in the hands of the major capitaist powers who were prepared to transfer sovereignty if that was all that was necessary to satisfy hird World elites clamoring for 'independence his is the familia view of dependency theory Hence negative sovereignty is only another name for neocolonialism On closer analysis however qasi-states disclose a vision of inter national relations which is very far from viewing independence as little more than a veil on contining dependency o the contrary it con siders qasistatesmen to e athentically independent in the classical legal sense of not eing sjects of any higher athority Within their jrisdictions they are at lierty to govern according to their own incli nations and decisions. No other athority can overrle them as was the case nder colonial rle . Hence there is a fndamental difference in presppositions concerning independence: dependency theory sees it as a contination of external complsion y the strctres of international
capitalism
and
the
major
capitalist
powers;
the
theory of negative sovereignty however nderstands it as a condi tion of athentic lierty which althogh oviosly restricted y socio economic and other circmstances leaves room for responsiility y post-colonial governments Independence is not trivial even if it is not haessed to a capale and efficient state apparats and ltimately a developed economy. con omic nderdevelopment and technological ackwardness do not mean that qasi-statesmen have any less right to make decisions than other statesmen It means that they have far fewer means and re sorces with which to implement and enforce their decisions and conseqently mst face harder choices as to what they will concentrate their scarce resorces and energies on If a qasistatesman is wise he will have an accte perception of what is important and what is not a Mchiavellian sense of priorities and the imits of power If gove ment capailities and resorces are not to e sqandered decisions mst e more intelligent Scarcity makes it more difficlt to achieve goals. here is less room for error Bt less room is not the same as no 177
Q A S I-STATES A N D INTERNATIONA THE ORY
oom scrcty s reltve concept Furthermore, responsbly n the relm of forbernce such s respectng humn rghts s not ltered becuse of scrcty At the end of the dy ndependence s not freedom; but t s not slvery ether The term neocolonlsm confltes the dstncton beteen the rght to decde (uthorty) nd the cpcty to ct (poer) hch s crucl n the theory of the stte The sgnficnce of ths dstncton cn be lustrted n connecton th reltons beteen MNCs nd negtvely soveregn sttesmen In the usul neoMrxst model the Thrd World sttesmn s the hnd mden of the MNC hch possesses most of the dvntges n the relonshp: t cn threten to locte elseere nd ts thret s cred ble; t hs economc nd technologcl resources hch the county lcks; ts nvestments d enterprse cn consequently crete employ ment, tx revenues, nd other benefts of economc groth In short, the qussttesmn s presented th n offer tht s dfficult to refuse Furthermore, f t s ccepted the MNC cn convert hm nto 'compr dor or mddlemn hose role s essentlly tht of mkng the relton shp beteen the MNC nd the Thrd World stte smooth nd orkble one: the qussttesmn nd hs ssoctes cn be brbed to see the MNC rther thn ther on people Hoever, the reltonshp contns less nequlty thn ths mples The qussttesmn my ndeed nt or even need ht the MNC hs to offer ut he lso possesses somethng hch the MNC must hve n order to operte: ccess to stte jursdctons The postcolonl MNC cononts globe more crosshtched by ntetonl fronters nd enclosed by locl soveregnty thn s ever the cse durng the colonl er hen huge terrtores under the looser economc control of mpel poers ere stl open Intetonl fronters hve lso been expnded snce decolonzton to gve soveregns jursdcton over offshore terrtores nd resources In shot, more terrtoy hs become more subject to the soveregnty of more sttesmen MNCs must hve ccess to soveregn tertory to operte but they cnnot gn ccess thout soveregns uthozon They consequently must come to gps th the rely of soveregnty nd mke dels th soveregn goveents n order to uncon Whether there s del nd ht t mht e depends on th pres Perhps brgn ll be stuck nd perhps t ll b very bd one for the counry nvolved It s nverthless stll del The rulers of qussttes r of course t lbrty to ccept bbes or do the ddng of MNCs ut they re under no oblon to do so They hve he rht to sy no Cs relz ths Th rlonshp s therefore less lke rpe or even seducon nd mor lk lzd prosttuon the prtners my e unequl n mny 8
Q A S I S T A T E S A N D T H E T H E O RY O P R O G R E S S
substantal ways but any busness they ransact must nvolve the consent of both. The point is therefore the followng: the ansnatonal capitalst game cannot overrde the terrtoral sovereignty game without the consent of sovereign governments. Structuralism has grave dfficulty n theorizing quasistates because of blndness to the signiicance of sovereignty and legal instituons generally. It thereby overlooks the reality of independent political choice and consequently some of e most important issues involved i the negatve sovereignty regime. The source of ths blindspot evidetly is its socioeconomc deter mnism. QASSAS AND NRNAONA JSC
What therefore are the implications of quasi-states for inter naonal relatons theory? Is it a theory of survval or a theory of progress or something else? Although realists and rationalists usually do not nterrogate the notion of 'survival but merely accept it as selfevdent, it can only mea the log-tem contnuaon of states as sovereign entties in more or less the same geographical location ad shape. What if the independence of some states is guarateed as a matter of right by the community of states? What becomes of the theory of survival if survival is no longer the defning international relatons
problematue
it once was or must be defined in a radically
different way? The theory of survival resuposes freedom but quasi states are not yet ree and erhas many of them never will be free. They enjoy an iternationally guaranteed independece nonetheless which does not requre ositive sovereigty This is the survival of citizens of a inteatonal community The theory aproprate to it is not that of power politcs or of classical inteational law but of inter natonal rights a olitical theoy. Is the iteational theory of quasi-states therefore a theory of ro gress? Yes and No. Yes in that such states demad ad to some extet are accorded interational develoment ettlements and assistace which is not recirocated No i that they do ot exect to surender any of their independence to receive such assistace ad they place a premim value on nointervention. Quasistatesme are jealous of ther sovereign ights and resistant to iternatioal human ghts. They have o desie for a iteatioal revolutio that would crb ther prerogatives of sovereigty. The rogress they seek is a iter national chage that ill assist them eventualy to become develoed without any sacrifice of their ideedece. This early is ot revol utioism in tian or eve Falkia ters. These changes are not 7
Q A S S A T E S A N D N E RN A T O N A L T H E O R
cnceved t tanscend the states-system And athgh qas-states men ae ften peny ctca f nteatna captasm they have tte dese t paticpate n ant-captast actvtes beynd seekng nte natna scecnmc faess thgh devepment dpmacy and aw Qas-statesmen d nt dese smethng adcay new They meey want what thes aeady pssess pstve sveegnty Bt they want t by nteatna ght whch s adcay new They cnse qenty have cntadcty expectatins the ght f ndependence (ecpcty) bt as the ght t devepment (necpcty) In sht, they want t have the sveegnty and eat t. Ths ceates a cnstttna demma f a scety f sveegn states whch ntenatna they shd ty t expan Snce the demma nvves cntay es and ghts the they mst apppiate t t s sme vesn f atnasm. As ndcated, qas-states nvke tw cnay mdes f ntenatna asscatn negative ghts cnsstent
scitas bt as pstve ghts ndcatve f the univrsitas When thests est t sch deas they
with the dea f a cnay dea f a
say see nteatna eatins changng fm the fme aange ment t the atte Ths s the vew f Fedmann 18 Tey Nadn, n the the hand, me accatey sees these tw cnctng mdes f nte natna aw as dscsng the ncheence f the Unted Natns Chate. He as egads the demands f new states f sbstantve ntenatna benefits as ndemnng the pceda what he tems pactca mde f ntenatina aw wtht vethwng t 19 Hweve, as ndcated n pevis chaptes, qas-states ae nt ny ppnents f cectve entepse t enhance the wefae bt ae at the same tme stanch defendes f nnnteventn. hey theefe pmte these cnflctng nteatina nms whch eay dscse nt ny an ncheence f nteatina aw bt a demma f nte natina stce Tadtina nteatna stce s cmmtave t s pemsed n the ma and ega eqaty f states whateve may the empica dffeences between them and t cnseqenty fbds the me pwe
fm dng dwn the ess pwef. States have a ght t exst and can ny stfaby be ntefeed wth they have pevsy nnged pn the ight f anthe state vated the ntenatna e f aw n sme eqay ffensve way Cmmtative stice pesppses the ntnsc wth f a states, age and sma, and theefe ams nteatina bgatins sch as the fwing teitia isdctin sha nt vated, teaties shd be kept, was shd ny be fght t pnsh aggesss and este the peace, nncent thd paties shd nt hamed n the cndct f wa, and s fth. 80
Q U A S I S T A T E S A N D I NT E R N A T I N A J U S T I E
Quasistatesmen d nt ject t aditinal cmmutative justice On the cntrary they invke equa svereignty, nninterventin,
pacta
sunt sanda and similar cmmutative claims f cassica internatinal lieraism Hwever, they d nt stp at cmmutative justice ut g n t demand disriutive justice as we They eieve that the current distriun f the wrds resurces and pprtunities is prfundly unjust nt ny ecause it registers in miserale standards f iving fr themseves ut mre imprtanty ecause it prmises nly t perpetu ate this srry state f affairs They seek actively t crrect y inter nanal means and endeavurs this prfund scia injustice etween the Nrth and the uth And furthermre they d nt see any cn tradictin etween their claims t cmmutative and distriutive justice There are at least three fundamental prlems with the idea f inteatina disrutive justice in tdays wrd, hwever I can ny summarize them First, there is n ga rganizatin that pr duces gds which culd e distriuted accrding t principles f scial justice The UN prduces few if any such gds The wrd ecnmy is a huge astractin and very far frm a singe rganizatin f prductin and distriutin There are numerus ecnmies in the wrd including natina, transnatina, and sunana and cunt ess prducers and cnsumers At what evel shuld ne expect dis triutive justice? Distriutive justice within states is ntriusly difficut ut hw much mre difficut is it etween states? And is there any reasn t suppse that justice at ne eve wi e cmpatile with j ustice at anther? There is n cncusive mral reasn why the inter natina evel shud take precedence ver the natina r csmpi tan eves r even e entited t encrach n them f any evel can claim the mra highgrund it surey is the latter which is the asic mraity f Kants cmmunity f mankind Withut an asscian ased n agreed principes and a centra rganizatin it is meaningless t talk f gla distriutive justice Tday distriutive justice cud nly e prvided internay with very great difficuty and inadequacy y individua states But distriutins f gds which may e just within states have n necessary cnnectin with inteatina distriutive justice ecnd, unlike cmmutative justice which is univera, there are n agreed principes f internatina distriutin hud it e ased n need, merit, effrt, cntriutin, utility r sme ther principe? n practice, need and t a esser extent utility are usualy singed ut as the apprpriate grunds If merit, effrt r cntriutin were taken int 1
S S E S N D N E N N L H E
onsderaton the just dstrbuton mght avour the developed parts o the world Moreover these onepts are amlar to estern moralt but are the known the world over? hat addtonal prnples exst n other parts o the world whh ought to be taken nto aount? dstrbutve juste n Lenngrad Lma Lagos or Lahore does not mean the same as n London or Los Angeles what beomes o nter natonal dstrbutve juste? Fnall an sstem o dstrbutve eut between states lmost ertanl would not be just or ndvduals lvng n them owng to the ategoral derenes between states and ndvduals Persons are naural enttes and more or less eual whereas states are artal enttes tha are hghl uneual vrtuall ever respet exept legal status Dstrbutve eut between states even t rested on a per apta bass would stll not begn to aheve dstrbutve juste unless a orrespondng sstem o juste operted wthn states as well s between them that ould nsure a just domest dstrbuton o re soures and opportuntes tates are nternall derentated nto rulers and ruled. The ke to juste between states s the wllngness and ablt o soveregn governments to translate nternatonal juste nto domest juste Ths s askng a great del rom even the best governents nortunatel the governments o most states whh would be enttled to nteatonal dstrbutve juste on grounds o need are usuall ver r rom the best Dstrbutve juste between states as seen rom the outsde mght on loser examnaton be prv lege or poltal eltes who are srategall posoned o dver ma teral goods to themselves or ther supporters and are all the more lkel to do so the operate authortaran regmes n poor ountres As J R Luas puts t juste does not reure that rh natons provde poor natons wth the wherewthal to bu arms or to subsdse natonal arlnes whh onl a small mnor o ther peoples ould ever aord to use' 21 Ths ould onl be a travest o juste There mght even be an nterntonal oblgaton not to provde suh states wth materal goods n the reasonable bele that ther governments would dvert them to sustan ther unjust authortaran rule The ver lted nternatonal redstrbuton we see tod s be leve a releton o suh domest dultes nd unertantes t s a genune nternatonal predament and not merel the absene o _ goodwll or generost or deen or humant or enlghtenment And t s undamentall nsttutonal we want greater eut n the global dstrbuton o wealth and welre we must aept some lmtaton o state soveregnt as ant and Falk argue e ertanl annot avod lookng nsde o states n the other hand we aept a world o 82
Q A SI -STATES A D ITERATIOA STICE
states we must also accept the possibiies and imitatons of such a world wich are those of sovereignty. Justice between independent states can only be commutave: keeping one's agreements And that is what inteanal justice has been since the beginnings of the states system:
cta sunt sanda
The act that most quasi-statesmen cannot
accept this and contnue to seek both forms of justce at the same me does not falsfy the agument although it does underlne the difficulty of ther position. The inteatonal normave dilemma presented by quasistates does not end with distribuve justce, however but extends to com mutative justice wich makes the same fundamental assumpon about states that it makes about indivdual humans: their intrinsic value. Both natural rights and civl rghts presuppose what Gregory Vlastos terms indivdual human worth' Kant expressed the same thought by claiming that humans are ends in themselves' and can therefore never be treated merely as means: the authoritarian temp taon. This foundational idea n the theory of rights is carried over into inteaonal theory via the domesc analogy which attributes the moral capabilies of individual persons to sovereign states. The as sumption that sovereign states possess intrinsic value is embedded in both realism and rationalsm Defending the naonal interest makes sense only that interest entails value The state being defended must assumed to be valuable or worthwhile. There is no point in the hard shell' of the mode territoral state to use the image of John Herz there is nothing valuable behind it This proposion is not affected by the partcula shape of national values but only by the existence of them. Consequently it can embrace the liberalconstuonal and socialistwelfare as well as any other form of state providing it is of authenc worth to the populatons involved which is the usual justi cation of statehood. One can make a similar argument about rational ism Regulang states by inteatonal law to avert or reduce the incidence or extent of damaging collisions between them also makes sense only if those entites are valuable in themselves: collisions would result n harm to persons and property, perhaps bloodshed and de stcon on a large scale Internaonal civl sety and its law therefore exsts prmarly to provde for the autonomy of implicitly valuable states and to ushion ther relations These value assumptions are tued upside down by quasistates whch by definiton are not yet valuable places for thei populatons. Their good lfe is something which must still be built possibly with inteational assistance and support. Wether it is built or not is an emprcal queson that need not conce us. Wat is at issue are the
Q A S I -STATES A N D INTERNATIONAL THE ORY
normaive assumpions involved. nsofar as quasi-saes claim iner naional assisance on grounds of underdevelopmen hey mus be assumed incapable as ye of providing heir populaions wih he goods associaed wih developed saehood. Oherwise hey could no claim aid on such grounds. ndeed as Mohammed Bedjaoui poins ou consiuional independence can be considered lile more han he beginnings of heir self-deerminaon which can be fulfilled only by heir evenual developmen he realizaion of auhenic iner naional freedom or posiive sovereigny. And his can only be re alized if he rules of ineaional relaions are changed o make i possible. The elaborae ediface of inernaonal developmen which caers for quasisaes is herefore indicave of heir incompleeness and sill limied value o heir populaions. This limiaion is he moral ground of heir claims o social jusice. However he same limiaion undermines in he same proporion heir moral claims o noninervenion and commuaive jusice because here is less public value in such saes. nervenion migh conceivably resul in greaer dividends han noninervenon for he populaion a large. Demands for human righs proecions in such saes cas furher serious doub on heir inrinsic worh n shor he real value of saes varies enormously compared o he inrinsic worh of persons which does no vary a all. Consequenly quasi-saes raise value quesions no only abou disribuive jusice bu also commuaive jusice be cause inrinsic worh canno be applied o saes as caegorically as o humans and he easy ransiion from one o he oher via he domesic analogy is problemaical o say he leas. The ineaional heory of J S. and Michael Walzer on he quesion of noninervenion is useful for analysing his problem as regards quasi-saes. Mill argues ha individuals and saes should no be inerfered wih providing hey respec he righs of ohers and he (exeal) rule of law. Negaive libery and negaive sovereigny should be respeced even if one has good reason o believe ha iner venion would preven self-infliced harm. This rules ou any form of paernalism o promoe he welfare of anoher agen. Alhough Mill jusifes ineaional paealism (see below) he is scepical of he abiliy of civilized saes o besow permnen freedom on any people who are no deermined o possess i even by fighing if necessary he mark of auhenic self-deerminaion. Posiive sovereigny like posi ive libery can only be achieved by oneself. Mil herefore had a very grea relucance o give any laiude o paealism. However children and oher persons who paenly are no ye prepared for libery have o be inerfered wih for heir own 1
Q A S ISTATES A N D I NTERNATONA STCE
good Likewise although intervention cannot e justified in relations with 'civilized nations it is justied in regard to 'ararous nations since 'it is lkely to e for their enet that they should e conquered and held in sujection y [civilized] foreigners The question of inter vention n such nations has to e determined according to 'totally different rnciles A 'ararous nation is deined y Mill as an illieral govement which inflicts adversity on its sujects and there fore can not legitimately claim any rights of inteational lierty and recirocity ncluding nonintervention On the contra nations which have no knowledge of lierty can rightfully e made wards of an eisting sovereign 'Desotism is a legitimate mode of goveent in dealing with ararians rovided the end e their imrovement and the means justied y actually effecting that end 26 Colonialism in Mills inteational theory erforms the same role as atealism in his olitical theory: a defensile and indeed resonsile method of dealing with agents deemed not yet t for selfdetermination Nonintervention is not an oligaton therefore when it comes to illieral states and indeed inteational support for such a govement is reugnant to civilized values. 'The only moral laws for the relation etween a civi lized and a ararous govement are the universal rules of morality etween man and man In other words such a govement has no rights as a sovereign and the inteening state has only to resect the human rights of the local oulation Our negative reaction to this atealistic argument indicates how far nternational moral racce has changed since Mills time Inter naonal atealism has fallen into disreute ecause adults every where today are assumed to e equal olitically and therefore equally entitled to selfgovernment regardless of their actual circumstances or caacities Mills 'soluton is therefore not availale today and most eole roaly elieve this to e a good thng But the rolem of cometence and resonsiility has not disaeared simly y the reformation of inteational legitimacy and the ending of colonialism The inteational community has merely ursued new ways of dealing with it which are comale wth equal sovereignty. Tyical of these are assistance to imrove the socioeconomic conditions of counies and ehortaons that their sovereign govements rotect human rights which the latter are at lierty to accet or not Hence contemo rary ractice has not resolved the rolem Mll is wrestling with It has only reversed n an roncal fashion his oservation conceg human rights today noninteenon rotects constitutional and authoritarian govements alike and human rights violations are no jusfication for interfering with sovereign rights. 85
Q U A S STATS A N D NTNATONAL THOY
Michael Walzer has adapted Mill's argument to contemporary inter natonal society. The patealist downside is abandoned and the lib eral upside that oreign powers cannot orce peoples to be free is elaborated Naions can only become free by their on eorts: self determinaon is the school in hich virtue is learned (or not) and lbery is won (or not) Independence cannot make people ree but it can give them an opportunity to become free which is its fundamental justification: it can establish an arena within which freedom can be fought for and (somees) on Nonintervention is the guarantee of this possibility. Therefore, although negative sovereignty cannot pre suppose the same as negative liberty - intrinsic worth - it can neverthe less posulate the possibiliy o achieving the good life in the future Exceptonal circumstances such as revoluion civil ar massacre enslavement or mass expulsion can perhaps justfy intervention. Or dinary oppression clearly cannot however The main thrust of the argument is to rule out intervention in the vast majority of cases This is conventional inteational libertarian doctrne The usual criticism of Walzer' s thesis is that it restrcts unduly the human rights grounds o jusiable oreign intervention and thereore leaves milions at the mercy of govements which usually are not legitmate domestcally and oten are prepared to go to almost any length to remain in power. 21 The problem with such criticism however is its underestimation of the moral standing of states: it does not ace up to the auhentic inteational relaions demma between the legimate rights o states and those of humans It sidesteps the problem by disparaging the moral claims o sovereign states which is somethng Walzer is not prepared to do The theory o quasistates suggests a diferent line o cricis con nected with the contemporary communiy of states which is far more elaborate than the relatively simple nineteenthcentury nternational regime Mill had in mind and more signficant than Wazers analysis implies Walzer underestimates he eiht and scope o the rihts and imunities that sovereign states enjoy today which derive rom the constuional fact that internatonal society is now far more democratic and rihtsbased than it has ever been. And he overesmates the possiblities o popular seldetermination aainst oppressive reimes Numerous new states ave een enrancised y the revoluon o decolonzaon Democrac ranchises once ranted are almost im possible to withdraw or even curtail Inteaonal demracy there ore probably is not any more likely to be revoked or even revised than domestic democracy And althouh these franchises are justified as belongin to the populations o new states they are in fact held and 16
Q U S I S T T S N D I N T N TI O N J U S T I C
execised by ues In pactice inteatina demcatizatin has ai dated a genments ithut any egad t thei subjects hich usuay amunts t the underiting authitaianism ithin states Futheme, intenatina enanchisement undemines i it des nt eiminate atgethe the cmpetitie game hich in the past gae gements an incentie t impe the dmestic cnditins thei states in de t eicit taxatin, cnsciptin, and the ms egitimacy and suppt m thei ppuatins The deck inte natina eatins tday cnsequenty is stacked in au se eigns and against citizens me than it as in the past In sht Wazes ibetaian sutin expects t much itue m ppuatins h ae up against nt ny the ca despt but as an inteatina sciety hich accds him a me espect and suppt than his histica cuntepat ud hae enjyed We cannt theee aid Mis agument m pateaism quite as easiy as Waze impies Des patenaism hae any pace in intenatina eatins tday? I by patenaism is meant eatins in hich sme states assume a psitie egad the states and pide them ith assistance then cuse pateaism is eident in eatins beteen states tday Indeed thee is me it n than ee bee. Much the inte natina supestuctue utined in this bk cud be cnsideed an expessin inma patenaism The eatinship Fance t the Fenchspeaking states subSahaan ica has this chaacte: the Pesident Fance is the athe igue Fancphne ican heads states The numeus patncient ties eident beteen deeped and undedeeped cunties is stngy suggestie the same Hee, i the tem pateaism is t etain its igina meaning hich is the ma and ega espnsibiity ne agent anthe agent n the gunds the attes inabiity t bea that espnsibiity then inteatina pateaism is ae tday It has been suppanted by egaitaianism Fance is n nge espnsibe its me rican cnies Vey e states tda hae espnsibiiy the states Cniaism nd a the authentic rms pateaism hae been ued ut intenatina eatins The ther pateaism thee e des nt fit the eaity quasistates any me than the they eedm The key t quasistates is thei independence and suria egadess thei cmpaatie ack pe and agenc an intenatina system hich as cntains many ea states What st inte natina eatins cud exist beteen ea states and quasistates hich makes the suria the atte cnceiabe and justifiabe? The peaent justiicatin curenty is based n the pssibiity that such 7
QAS-STATS AND INTNATONA THO
tate eventually develop into livable counie and independence the oppotunity r thi to happen Thi obviouly i neither wholly the inteaonal ethic o rationalim nor o revolutionim but omethin ambiuouly in between Sovereinty can no loner potu late the ood lie Intead, t i the bai o a novel claim to overcome the bad lie It i the ethic o prore within the juridical tatu quo an anomalou ort o proreive coneatim Thi i raonalim ed on it head
CONCLSION
H FUUR OF QUASSAS
Wl quassaes connue o be a major feaure of he ner naonal landscape n he decades o come as hey have been n he pas hry years? Speculaon abou ha mgh be s a hazardous en erprse and ofen avoded by scholars ho perhaps lke myself fnd hard enough o grasp ha s and ha has been. There neverheless can be value n conemplang he fuure of quassaes f only o dra some conclusons from he foregong analyss Such an exercse mgh even be mely a he sar of he las decade of he eneh cenury hen sgnfican and perhaps momenous changes affecng Eas Wes relaons are underay The prospecs for quassaes hge generally on o hngs: heher hey develop o he pon of no longer dependng on he negave soveregny game and f hey do no heher ll connue o be possble o play ha game n he fuure The developmen oulok for quassaes s of course exremely dfcul o esablsh ong o he parcular crcumsances of each counry hch vary enormusly. The eneh cenury already has nessed profound nernaonal changes and no leas he ndependence of he Thrd World and so e ough no o rule ou he possbly of furher change We should expec some Thrd World counres o acheve sgnfcan developmenal breakhroughs as he NICs recenly have. Democra zaon s also a possbly. Hsory s a conngen and no a deer mned process of change and he fuure s herefore open and no closed. Hoever f repors of he World Bank are anyhng o go by e should also expec economc povery and echnologcal backardness o characerse a large number of ndependen counres and probably he majory n he foreseeable fuure as n he recen pas. And Am nesy Ineaonal gves no ndcaon ha plans o go ou of bus ness because ancpaes an end o human rghs volaons Consequenly I shall assume he adverse cvl and socoeconomc condons of many saes are lkely o connue. 89
CONCION
The question I addess theefoe is whethe in the yeas to come the ues of the negative soveeignty egime which quasistates depend upon ae likey to be suppoted by the community of states as they have been since decoonization The fundamenta ule that inaugu ated quasistates is categoica sefdetemination of excolonia tei toies which is now an histoical event The deck of oveseas colonies has been deat, vitualy evey coony of any significance has acquied independence, and no moe cads emain The possibility that the issue of sef-detemination wil be eopened in those excolonies whee it continues to povoke contovesy seems vey slim indeed Apat fom the Paestinians who ae an exceptiona case, no goup which cuenty caims a ght of sef-detmination against an existing ex coonia soveeign has eceived inteationa backing The goven ments which execise juisdicton ove the teitoies in question must ecognize such claims befoe anyone ese wil Thee ae obvious easons why we should not expect this Soveeignty today as in the past is a status which attaches itsef to teitoy Soveeign gove ments ae usualy pepaed to epatiate disaffected o disuptive popuations but not to accept changes that woud incu any loss of teitoy Even mino bounday disputes often pove difficult to e sove Futhemoe, if such claims wee alowed in some cases they coud vey easily encouage demands fo the same elsewhee and theefoe theaten the teitoial integity of many othe states with dissident egions Inteationa ode coud be put at isk if this happened Al soveeign govements ealize this and al except the vey few that stand to gain teitoy fom edentism natuay wish to avoid it Consequently, thee is inteationa deteminaton to etain the exisng poitica map and to eject vitualy out of hand any beated demands fo sef-detemination, howeve wothy o just the cause may be The consevatism of inteationa society on this queston is pofound Selfdetemination invoved constitutonal independence of colo nies on a basis of equality with fome colonia mastes and all othe soveeign states: negative soveeignty It is not difficult to see why equal soveeignty was adopted instead of some othe inteational status Who woud accept second o thid-class citzenship? What citeia could be used to detemine it? And who woud make the decision? Lega equaity is the easiest pinciple to accept even by states which ae pofoundly unequal in most othe espects Anything else povokes contovesy and uncetainty Moeove, once ights ae ganted paticualy in an age of democacy they become entenched
HE FUURE OF QUSI SES
and are almost impossible to withdraw This is a stabilizing mechanism of international societ but it entails other consequences as well Equal sovereignt for all states makes it impossible to address the domestic problems of some states b international means without the consent of their governments Alternative arrangements which could suppl greater expertise responsibilit and probit in government decision making are not onl impossible without the permission of te govern ment whose authorit the would undermine but also untinkable because te touch directl on a crucial issue which is ruled out of order b postcolonial international societ the domestic behaviour of independent governments Tis issue cannot be raised international l without inviting accusations of paternalism neocolonialism and even racism and so international societ for the most part remains silent Quasistatesmen have taken the opposite approach The have tied to expand their equal sovereignt into areas from which it has until now been exclded such as international economic bodies like the MF or the World Bank where the financial contributions of states roughl determine their voting rights The chances the will be successful at instituting majorit rule based on one state one vote are slim owing to a similar conservative bias in these positive sovereignt rules and an unwillingness of economic powers to suender an authorit to Tird World govements whom the probabl believe privatel are not sufficientl competent or responsible to be entrusted wit it How long would the capital of an bank last if it were run b borrowers? This continues to be the predominant reasoning of the leading OECD states onsequentl instead of radical changes either in the direction of trusteeship or greater equalit the current stalemate in NorthSouth relations will almost certainl continue Giving aid will probabl still be a badge of good citizenship of developed states and receiving it a moral
not a legal entitlement of underdeveloped countries Development assistance will also remain a useful device b which rich states promote their internaonal standing among poor clienteles A few developing countries and perhaps more than a few migt graduate from the nonreciprocial development regime eiter as a result of economic fortune such as the discover of oil or their own efforts But most will not Inteational development assistance will also continue to be restricted b the sovereignt of recipients The chance tat the IMF and te World Bank will intrude into domestic jurisdiction beond te current lawful polic of restructuring is unlikel The anticipated inter national outcr that it would provoke effectivel prevents it Perhaps 9
CONCLUSON
mre likel is he epansin f de relief fr he pres cunries Hwever his wuld i n effec frgive he pas mismanagemen and crrupin f gvernmens and wuld cnsequenl reinfrce raher han undermine heir negaive svereign. Aid ransfers will pr al cninue e small imprve he general welfare u large enugh e f definie ineres and value ruling elies wh are sraegicall placed channel hem. This rings us he pival rule which uphlds quasisaes nn inervenin Despie he enrmus inequaliies f pwer eween saes da and he fac ha sme pwers culd if he desired frcil ineene viruall a will in he affairs f her saes i usuall has n happened In suSaharan Africa fr eample ms signifi can inervenins have een invked he svereign gvemen invlved and n impsed he inervening pwer r slicied anigvernmen reels There is evidenl a grea relucance n he par f mar miliar pwers infringe upn he urisdicin f even he leas susanial svereign sae Nninervenin is he fun dain f inernainal scie and here wuld have e ver cmpel ling reasns f sae disregard his general prhiiin In recen decades nl inense reginal superpwer rivalr has prvked dica rial inervenin in Third Wrld cunries cnsidered e f signifi cance he EasWes cnes Frcile inervenin in das demcraic ineainal scie is cnsrued as ulling and widel cndemned Mrever i is far easier and pssil cheaper rie gvernmens han cerce hem and such influence als is enirel cnsisen wih ineainal law. This raises he issue f human righs which is f curse cnrar he negaive svereign game If ffences agains humani even he pin f gencide in a few cases have n een suficien usifi cain verride svereign righs unil nw we pral shuld n epec i e an differen in he fuure. This assumes ha curren inernainal lerain f svereign gvemens which fail ad equael prec human righs will n decrease. Ineainal aware ness
rganizain
and acin cnceing human righs have
neverheless een increasing in recen decades and here is n reasn epec his sp eiher An fuure success f ineainal hu maniarianism hwever will depend in he final analsis n he inclinains and ailiies f independen gvemens preven human ghs vilains. If inernanal human righs awareness in creases perhaps heir humaniaan inclinains will increase als u unless here is far mre willingness in he fuure effecivel censure human righs ffenders han here has een up nw his seems 92
HE UURE O QUASISAES
unlikely to happen A s I indiate below thee is one signifiant possi bility of suh a development stemming fom human ights efom in the Soviet Union and Easte Euope whih ould have a demon saton effet elsewhee Howeve even if ineased pessue wee plaed on Thid Wold human ighs offendes it might sill have imited effet owing to domes politial onditions Quasistates as a ule ae plaes whee inivility is by no means onined only to govenments but extends to thei opponents both of whom ae usually pepaed to engage in suh behaviou if it is onsideed politially neessay Unfotunately ini vility in suh ounties is usually toleated o at least expeted by many people inside govenment and outside It onsequently is difiult to ual let alone eliminate Even if inteational pessue is exeted against the govenments of suh states and they attempt to espond posively thei ability to do so may be limited by these umstanes This agument should not be aied too fa howeve beause in all soieties ivil nd univil behaviou is at the end of the day a matte of hoe Even n oupt soietes govenments an set standads of pobity and ty to enfoe them The same is tue of human ights Govenment usually is the most impotant ageny that an eate expetaons about soial ondut Seuing a esponsible govenment is pobably the uial step in fosteing not only a less oupt but also a moe humane soiety Unfotunately intenational influene to po mote esponsible govement is stitly limited unde onditions of negative soveeigny Whethe it happens o not depends mainly on those in ontol of govement In summay thee is moe eason to expet the negative soveeignty game to ontinue in its pesent shape than to hange into somethng else Damati new inteaonal iumstanes ould intevene to evise this foeast howeve At the stat of the 0s the most signiiant and indeed fasinating inteaonal development is undoubtedly the Go bahev phenomenon and its unsettling effets on the EastWest status quo We ae witnessing an unpeedented eappaisal and pehaps eadjustment of EastWest elations whih is popelled by equally emakable efom movements in the Soviet Union and othe East Euopean ounties This astonishing development has aleady bought about ageements to edue not to esolve egional onflits in Weste Asia Southeast Asia and Southe Afia in whih supe powes have been involved Signifant balaned edutions in both nulea and onventional weapons between NATO and the Wasaw Pat ae undeway One an only speulate about what might happen to inteational elations if the uent Soviet leadeship emains in 93
CONC USION
oe and ontnues to usue ts delaed oles of ano and What ould be the effet on the negatve soveegnty game of a appohemen beteen the Sovet non and the nted States o a Sovet non hh omled th the st and the lette of the elsnk aods on human ghts Would suh ntenatonal develo ments be moe lkey to nease o deease the oltal sae of quasstates Sne the hd Wold ntally emeged and suvved unde Cold Wa ondtons any hange hh moved EastWest elatons some dstane along the oad fom onflt to ooeaton mght be exeted to edue ts oltal sae aodngly ust as the nonWesten old had less autonomy hen somethng esemblng a Conet of Euoe exsted n the nneteenth entuy o muh movement ould be neessay fo suh an effet s of ouse mossble to say. On the othe hand EastWest dtente ould also onevably nease the ndffe ene of the sueoes to the hd Wold hh ould ehas be left moe to tself than dung the ea of Cold Wa valy. If the Sovet non beame a membe of the ntenatonal eonom establshment t and othe ats of Easten Euoe mght henefoth beome a mao fous of ntenatonal develoment ehas to the detment of the hd Wold . hs s not the knd of ndffeene hh quasstates men ould sh to see. Only athe late ould a efomed Sovet eonomy begn to make a ontbuton to oveseas develoment hs s hghly seulatve of ouse but t s not nonsstent th the log of a onevable eadmsson of ussa to he omty of natons afte many deades as a hostle outsde. On balane quasstatesmen ould obably efe a ontnued dvde beteen East and West hh gves them geate lattude to lay off one sde aganst the othe n a sot of evese ntenatonal veson of meal dvde and onque. What eve the effets mght ove to be hoeve suh momentous hanges ould saely leave quasstates untouhed If desotsm ould finally be bought to an end n ussa afte entues ould t not also beome moe vulneable elsehee he essaton of Sovet human ghts offenes ould obably make t athe ease to tze humantaan abuses by othe states. he agument that human ghts ae meely atalst deology ould etanly be moe dfult to sustan f the olds soalst sueoe ublly avoed the moal and legal valdty. A elmnay state ment to ths effet as made by Pesdent Gobahev n a seeh at the nted Natons n 188 If the Sovet non eenteed the omty of natons not only by onng ulng ntenatonal eonom bodes but also by obsevng human ghts onventons t mght eate an exe
peeoka.
9
HE RE O Q ASI-SAES
tation of similar conduct by other states which do not currently respect hman rights Soviet protection of hman rights might encourage greater compliance with international humanitarian standards Demo cratic reforms in Hungary, Poland Czechoslovakia and other East European contries could only add to these expectations The United States would no longer perhaps feel obliged to turn a blind eye to humanitarian offences by some of its clients out of concern that other wise they might go over to the Soviet side In other words reasons of state might intrde less into humanitarian issues and consequently it would not be as easy to get away with human rights abuses as it has been For the irst time since decolonization there would be a converg ing view of acceptable and unacceptable condct concerning hman rights by the world's most prominent and influential states In other words the standard of civilization might again become an acknowl edged principle of international relations Wold not Soviet entry into the international establishment there fore be as momentos an international event as 1919 or 1945 or 1960? Possibly yes but probably no For even if the USSR became a civilized' nation by traditional standards it still seems unlikely that this could undermine the basic international conditions which support quasi states Negative sovereignty would in all likelihood still be not only a legitimate but also a useful instituton of international society It has successfully filled the juridical void in the non-Western world left by the ending of Western empire No developed government today will pblicly question the wisdom or j ustice of the postcolonial regime whatever their private opinions might be It is difficult to believe that the imaginary future scenario outlined above could change this. Even if the Soviet Union instituted domestic human rights reforms it would still want to enoy the good opinion of as many states as possible including those of the Third World It would not receive this if it stood in judgement of their domestic conduct Indeed it wold be resented as unwarranted intervention and angrily opposed The same norma tive restraint would apply no less to the United States Japan the Weste European states and indeed all states. In summary there are two compelling reasons why the negative sovereignty game will almost certainly continue to be played The first is instrumental. There is in most instittions to which individuals or states become attached a powerful conservatism This is owing in no small part to unreflective habit or lack of imagnaton that things could conceivably be other than they are But it is also because of a conviction that the devil we know as the saying goes is almost always preferable to the devil we do not know. The costs of alternative arrangements 5
COCUSIO
ay turn out n te end to exceed te benefts e process of cange tself ay prove costly Better to leave well enoug alone Statesen as a rule desre stablty before all else n ter exteal relatons ey ws to avod unnecessary dfcultes n pursung ter naonal nterests and concerns wt oter states s usually rules out or at least curtals severely any questons about te doestc caracter and conduct of oter statesen wc are alost bound to be dsruptve or at least productve of wll Dploacy s an establsed and success ful nsttuton only because statesen are prepared for te sake of good nternatonal relatons not to look very closely at eac oters doestc affars Agnostcs or lve and let lve s te relgon of nternatonal relatons:
ujus regio, ejus reigio
f doestc consder
atons were taken nto account dploacy tself would probably be te frst casualty e expanson of nteatonal socety across all do estc socetes and cultures akes toleraton and agnostics ore peratve tan ever t also reduces to a nu te nuber of ssues about wc dploats can expect to agree and ncreases to a axu tose about wc tey ust sply agree to dsagree and leave t at tat One can terefore see te negative soveregnty gae as an nstituton wc accoodates te nstruental requreents of dploacy n wat s today a far flung socety of states wt exceedngly dverse caracterstcs n oter words t as utilty bot for exstig states ndvdually and for nternatonal socety at large e second reason s noratve Statesen do not erely confront eac oter fro te narrow perspectve of ter own natonal nterests ey also engage n broader dalogue fro a postion of equa legal status wt ts attaced rgts and dutes No peranent and stable syste of uan relatons ncludng nteational relatons could be based on power and nterest alone t also requires not only law but consderaton respect courtesy onour dgnty decoru and s lar nors wc are usually observed by statesen despte te enor ous nequalties of power and wealt between te nteatonal relatons n ts regard ave te caracter of a club Mebers are onourable fellows Mebersp as ts prveges Once granted t s rarely wtdrawn or even questioned Provided ebers confor to club rules n ter outward conduct teir prvate lves are teir own ven skeletons n closets are ter own affar provdng tey are not tose of soe oter ebers Statesen wo break club rules usualy cannot be deprved of soveregnty But tey can be cast out of nter national socety condened ostraced solated and n rare cases sanconed as appened to Sout Aca s action t sould be epasied was for volang a cardnal rule of te negative sover 16
THE FUTURE OF QUAS I STATES
egnty game: selfdetermnatn fr the black majrty n Suth Afrca The whte Suth African gvernment culd nt accept black self determnatn and expect t reman in cntrl f the state s t was recnciled t almst uversal cndemnatin by the nteatinal cm munity as the necessary price it had t pay fr pursuing its selfinterest in survval The Suth Afrcan state cntnued t have mre than adequate pwer t survve and it s unlkely that sanctins funda mentally altered ths It pssessed pstive sveregnty based n em pirical statehd Its islatin was nt a questin f pwer hwever it was a questi f legitimacy Quasistatesmen n black Afrca are supprted by the same prncple f racial svereignty which islated whte Suth Afrca Whle ths princple cannt make a cntrbutin t ther emprcal statehd t can underwrite their egatve sveregnty by censurng external critcism f their dmestic cnduct whch n sme cases nvlves dscrmnatin aganst ethnc segments f ther wn ppulatns which s nt funda mentally dfferent frm that f Suth Afrca Racial sveregnty cnsti utes a pwerful tab aganst even the mldest questinng f ther cnduct The tab perates silently as a frm f selfcensrship by vrtually all agents and representatves f states ad nternatnal rganizatins and adds decisive nrmative sactn t the raditinal reluctance f diplmats t engage publc crtcsm f each ther's dmestc affars The result s a frm f reverse dscrminatn n nternatnal relatins which the Sviet Unin ther ast urpean states and Suth Africa have deservedly cme i fr strenuus human rights critcism frm the ternatnal cmmunity but numerus equally deservig nnwhite vilatrs usually receive at mst nly a mld rebuke almst always tempered by an understanding f the dffcult circumstances they face This tab seems unlkely t be merely temprary because it s rted n a fundametal hstrcal change f public values (althugh nt necessarly prvate attiudes) cncernng race relatns whch has ccurred in Western cunries and particularly the United States after a lengthy plitcal struggle fr racal equaliy It has been instiutnal ized in public law shapes public plicy and culd hardly nw be reversed urthermre it is reinfrced by the dcrine f culural relavism which has displaced ethncetrism and frbids egative evaluains f analites sieties r cultures dfferent frm es wn rtunately t s tday difcult ad unusual fr defamatry remarks against peple f nurpean descent t be made public partcularly by state authres Unfruately it is equally difficult because f this t cndemn the dmesc cduct f certain statesmen 7
CONCLSON
t s wrrnted ut they hppen not to e o Europen rce The culturl remoteness o nonWestern goements reduces further nd proly elmntes ny expectton tht they should osere the sme domestc stndrds Ths nrrowng o morl eluton nd wdenng o tolerton n nterntonl reltons s lso consequence o the globlzton o nterntonl socety Dplomcy n such socety could not operte on ny other ss It s thereore one thng to ostrcze the South Aricn goernment It would e something entrely derent to solte eery soeregn goernment tht coud justly e ccused o oences gnst humn rghts Intetionl socety would ecome clu o outcsts In short there s n ronc nd trgc but proly necessry orm o dscrminton n the nonds crmnton prctces o contemporry nterntionl reltions whch protects nonEuropen soeregn goernments rom justifile puc crtcsm nd condemnton It s dcut to see humn rights norms oercoming these rrers NSTTUTONAL FAT
At the tme o decolonizton decsons were tken whch nsttuted the negte soeregnty regme s the soe successor to colonlsm Ths ruled out ltete nstitutonl rrngements whch mght he een etter suted to the derent crcumstnces nd needs o prtculr colonl popultons In re, egl unormty trumphed despte the ct tht the emergng word o sttes ws nythng ut unorm nd ws ndeed hghly plurlsc n lmost eery respect Ths nsttutonl outcome desees some concludng comments rom the perspecte o nterntonl jursprudence No dout t ws hoped tht chngng the ntetionl sttus o territores rom dependency to ndependency would proe to e gen erlly enecl or peoples who preously hd een dened soer egnty Ater most ndependent countes t the time enjoyed r hgher stndrds o lng thn most colones Why should eeryody not e enttled to the sme opportunty? It ws possle to elee not only tht ndependence nd hgher lng stndrds were postey reted ut een tht the ormer woud produce the lter Incresed prosperty hs indeed resulted n mny ormer coones sometmes exceedng wht would he een expected whether or not decolonz on hd occurred But there he lso een mny other excolones n whch ndependence ws olowed y incresed dersy lso eyond wht might othewse he een I nything s cer from the post colonl experence t s tht soeregnty nd deelopment re not necessrly collortors nd cn e ntgonsts 1
NSUON L E
Both pospty and advsity should hav bn xpctd bcaus in th sovigny gam as in any oth not vybody can play ually ll and som can scacly play at all Ruls of th gam plac a pmium on ctain talnts and soucs hil dvaluing o ignoing oths ams a not dmocatic by dinition if vybody can play ll it is not much of a gam o assum that vy county can tak ual advantag of sovignty is to igno th hug diffncs in talnt skill xpinc disciplin ddication taining ducaion psvanc uipmnt oppotunitis and so foth hich invi tably disciminat btn not only individuals but also national populations Yt this is th assumption (usually unstatd of th nga tiv sovignty gam h fact that xcolonial populations hav bnfitd unually fom ual sovignty and that som hav suf fd und indpndnt govmnts is indicativ of th contay assumption hich is consistnt ith gams in gnal Constitutional choics alays involv oppotunity costs altnativ aangmnts a uld out And fo such choics unlik odinay dcisions th costs a bon fo as long as th institutions a in ffct his institutional maxim is applicabl to Euopan colonial disngag mnt fom Asia Afica and Ocania h adoption of ngativ sov ignty pcludd oth concivabl aangmnts som of hich might hav bn mo appopiat to th cicumstancs Fom a back ad looking Bukan pspctiv fo xampl dcoloniation as an indisciminat abandonmnt of taditional titoial statuss of hich som might hav povd adaptabl to th paticua cicum stancs o nds of xcolonial populations and titois Rsidual sovignty condominia tust titois and vaious oth aang mnts hich limit indpndnc w discadd and a solitay insti tution hich as blind to sociological divsity as adoptd instad Fo thos ho usion th utility of tadition in gnal o th fo going aangmnts in paticula this agumnt will not b psuasiv But vn fom a foad looking Bnthamit pspciv indpn dnc as a blinkd chang hich faild to consid n insti tutional aangmnts fo a adically diffnt postcolonial intational socity hich mbacd all th popls of th old Indpndnc as not th innovativ momnt it might hav bn if novl titoial statuss suitd to th spcial cicumstancs and nds of xcolonial stats and aimd at incasing th pospity of thi populaions had bn fashiond h momnt as lost and th on dimnsional ngaiv sovignty gam as stablishd instad Fom ith pspctiv th dcision as not ational so much as ationalist h pisod is an instanc of ationalism in Michal 1
CONCUSION
Oakeshott' s meaning insofar as it was the shortest possible distance or rather the quickest move from colonialism to noncolonialism: politics as the crow flies . The problem with rationalism as a polical process is its lack of empirical adjustment to the circumstances of particular cases. There is no place . . . for a "best in the circumstances", only a place for the best" . '1 The various circumstances and needs of different colonial populations were ruled out by the universalist ideology of self-determination the rationalists easiy defeated the empiricists The effect of establishing negative sovereignty across the board was to create an artificial institutional levelling of a world which in actual fact was and is anything but level. There are basically two opposing views about how best to accommodate the diversity of the world by institutional means The irst perspective again associated with Burke and later with British imperial constitutionalism but by no means confined ony to colonial arrangements is that societal and cultural differences among nations and peoples are to be expected and should be recognized and reflected in specially adapted rules and instuons . Thus in a post-colonial but highly unequal world such a s ours there ought to be various inteational statuses ranging from outright inde pendence to associate statehood to inteational trusteeship which are determined by the circumstances and needs of particular populaons Only one institution or rule for all cases is prima facie not only irrational but also inequitable. The obvious and apparently insurmountable problem with this argument as indicated above is determining the appropriate legal arrangement in the circumstances. Who would merit independence? Who must settle for associate statehood or some other nonindependent stats? Who would make the decision? How should it be made? If it were a referendum who would rame the question? The prevailing and undoubtedly justified belief is that it is impossible although it is fascinating to speculate about what excolonial peoples would dede given a rel choice in a fair referendum on the question. Having experienced the bitter harvest of independence would some now choose a reduced status it promised improved living condions through greater inteational involvement and supervision? The second view associated with Michael Wazer and inteaonal liberalism is that sovereign statehood is the best way of guaranteeing the nationa reedom that is necessary to secure and protect the diverse cutures and societies of the world. 2 Sovereign statehood leaves people at liberty to determine their own fate according to their own values and beliefs. Alternative arrangements including international human rights provide an opening for outsiders to interfere and impose their values cultural imperialism. The contemporary world is organized 2
S T T U T O L T
exclusiely on the second basis and there is little doubt that negatie soereignty accommodates cultural diersity internationally Within many quasistates howeer plurality often is not encouraged or een tolerated minority cultures and populations not to mention political oppositions are under some measure of threat from soereign goe ments Domestic plurality may therefore be sacrificed for the sake of inteational plurality by the existing framework of uniersal soer eign statehood Crrent international practice operates with the aim of recognizing and accommodating diersity
within
this framework Hence states
which are underdeeloped are reconciled by new institutions and practices of inteational deelopment Problems of inciility are ad dressed by international human rights. Preious chapters hae out lined how these institutional arrangements hae fared to date and it is not necessary to repeat what has already been written In general they hae run up against the immoable object of contemporary inter national society equal soereign statehood These arrangements are only effectie if soereign goernments are willing and able to make them effectie They cannot oerrule soereignty and consequently cannot compensate for alteatie institutions which were ruled out of consideration at the time of decolonization The possibility of going further within the existing soereignty framework as adocated by proponents of a New International Economic Order is definitely limited Once institutional arrangements become set they are difficult to change one is saddled with them for better or worse This is desirable
on balance they contribute to the wellbeing of those subject to them For populations of countries whose goernments regularly protect ciil rights and proide socioeconomic welfare it is a blessing that the institutions of soereignty are difficult to alter Outsiders cannot inter fere and perhaps threaten their good life But for populations whose goements do not proide such goods the instutional fate of soer eignty is less knd Quasistates are now a settled feature of the inter national landscape Third World rulers enjoy the full complement of soereign rghts including the most important one noninterention Their inteational liberty and formal equality with other statesmen is underwritten by the community of states But many Third World populations find themseles confined within jurisdictions of question able alue and limited promise under goernments which frequently are incompetent and corrupt and sometimes abusie also This is their institutional fae And Michael Walzer is rght; it is up to them to change it But tis is difficult because soereign statehood works in 20
CONCLUSION
faour of goernments soereign rights continue to preail oer human rights in inteational relations This institutional predicament of many Third World populations is reinforced by some of the most powerful taboos of our time which make it a moral offence to ealuate negatiely the domestic conduct of nonwhite goernments or criticize the international institutions which support them Once taboos inade issues such as these the room for subsequent rational discussion is strictly limited t is perhaps appropriate to end on the ironic note that has sounded throughout this book the same institution which proided inter national recognition, dignity, and independence to all colonized popu lations could be exploited to deny domestic ciility liberty, and welfar to some And the exploitation this time was by their own goernments. nternational liberation could therefore be followed by domestic subugation. Alteae institutions which proided for in ternational reiew or superision might hae preented such adersi ties or at least reduced them Of course they would hae fostered unintended consequences of their own not all of which would hae proed desirable Howeer a greater ariety of international statuses including more intrusie forms of international trusteeship might hae rendered the postcolonial situation less unsatisfactory than it proed time and again to be under the onedimensional negatie soereignty regime
202
N OTE S
Introduction 1 Peter Worsley, The Third World (London, 1) 2 See especally Ralph Pettman, State and lass (London, 17) and Robert W. Cox, 'Socal forces, states and world orders, Millennium vol. 10 (11), pp 12 3 Some ega schoars aso take a broader view G. Schwarzenberger and E. D Brown conceve of nternatonal law as consstng of not only 'rules, such as exclusve domestc jursdcton, but also prncples, whch are abstrac tons and 'rovde the common denomnator for a number of related rules . See A Manual of International w, 6th edn (London, 176), pp 36 Smlar dstnctons are drawn n jursprudence See, for example, R M Dworkn, Taking Rights Seriously (Cambrdge, Mass., 17), chs. 2 and 3 4 See, for example, an Brownle, Principles of Public International w 3rd edn (Oxford, 17) Ibid. p 1 6 I cannot consder the jursprudental problem of establshng the character of rules human relatons, but see the famous analyss by H L A Hart, Analytcal jursprudence n md-twenteth century, University of Penn
sylvana w Riew vol 10 (17), pp 7 Also see G Marshall, 'The role of rules, n D Mller and L Sedentop (eds), The Nature of Political Theo (Oxford, 13), pp 17 7 Dorothy Emmet, Rules Roles and Relations (Boston, 166), 12 Emmet s a phlosopher but her definton s vrtually dentcal wth a recent one by two lawyers: ' "Rule s a general norm gudng conduct or acton n a ven type of stuaton W Twnng and D Mers, How To Do Things with Rules 2nd edn (London, 1), pp 1267 Emmet, Rules Roles and Relations p 1 1 (orgnal emphass). K R Poper, The Open Society and Its Enemies vol 1 Plato th edn (London, 166), ch 10 Jacob Burckhardt, The Civilization of the Renaisnce in Italy vol. 1, The State as a Work of Art (New York, 1) 1 1 Edmund Bure, 'Frst letter on a Regcde peace, n F W Rafferty (ed.), The Works of Edmund Burke VI (Oxford, 12) 12 See Hedley Bull, 'The theory of nteatonal poltcs 1116, n Bran Porter (ed), Te Aberystwyth Papes (London, 172), p 32 13 See chapter 3 203
NOTES TO PAGES
522
4 am nsprd by Hdly Bulls rmark: My book [s] a n attmpt to dal wth a larg and omplx subt smply by thnkng t through Hdly Bull Th Anarchil ocity (ondon 977) p x E E hattshndr T miorign Popl (Nw York 960) p 7 h vw o f ntrnatonal rlatons thory s attrbutd to Martn Wght Hdly Bull Martn Wght and th thory of ntrnatonal rlaons Britih Journa o Intrnational tudi, vol (97) p 7 A D ndsay Th Modn Dmratic tat (ondon 943) pp 37 Oakshott has xprssd ths pont as follows "Exprn" stands for th onrt whol whh analyss dvds nto "xprnng" and "what s xprnd Exprnng and what s xprnd ar takn sparatly mannglss abstratons; thy annot b sparatd Prvng for xampl nvolvs a somthng prvd wllng a somthng wld Ths two abstratons stand to on anothr n th most omplt ntr dpndn thy ompos a sngl whol Expinc and It Mod (Cam brdg 933) p 9 Also s R G Colngwood An Autoiogaphy (ondon 970) h 9 R G Collngwood Th Ida o itoy (ondon 96) pp 3 36 0 n partular Hans J Morgnthau cintific Man Vru Pow Politic (Chago 9) R A Motmr Th Thid Wold oalition in nttional Politi nd dn (ondon 94)
Adam Watson Diplomacy (ondon 9) On dplomay as a haratst of ntrnatonal soty s Martn Wght ytm o tat (str 977) pp 4
h dstntons btwn ralsm and ratonalsm ar dsussd n Hdly Bull Marn Wght and th thory of ntatonal rlaons
Bitih Jounal o Inttional tudi vol (976) pp 4 W Matland Moral prsonalty and lgal prsonaty rpntd n Davd Nhols Th Plualit tat (ondon 97) p 9 saah Brn Fou Eay on Lirty (Oxford 969) h 3 haptr States and quasi-states
Margry Prham Our task n Aa Tim (0 buary 9) rprntd n Margry Prham olonl qunc (ondon 967) pp 44 r Donald Camron was Govor of Nga btwn 930 and 93 Ths s dsussd n Margry Prham Nati Adminitation in Nigia (ondon 937) hs 0 and 3 Oan hraftr rfrs to smal sland usdtons n not ony th Pa but also th ndan and Carbban Oans 4 John Plamnat On Aln Rul and lGonmnt (ondon 9) pp 3 Iid. p 6 J Crawford Th ta r stthoo n ntaonal law Bitih Yarok o Inttional w 1971977 (Oxord 97) pp 67 7 Th trm quasstat s usd by H Bu and A Watson Expanion o Inttional ity (Oxford 9) p 4 Also s Rort H Jakson Quasstats dual rgms and nlassal thory Intrnational Organiz
O S O P A G S
22-3
ation vo. 41 (Autumn 1987), pp. 51949. The rather dfferent legal concept
8 9 10
11 12 13 14 15 16 17 18
of quassoveregnty ('quasnternationa aw, quaspersona jusdc tion, and quasterrtoral ursdton) s dsussed n Schwarzenberger and Brown, A Manual o Intenational w Sr Lews Namer, Vanished Supemaies (New York, 1963), p. 33 R W Tucker, he Ineuality o Nations (New York, 1977) Morgenthau, Sienti Man Vesus owe olitis (Chago, 1946) and M. Wght, Why s there no nternatona theory n Sr . Buttered and M. Wght (ed), Diplomati inestigations (London, 1966), pp. 1734. Also see chapter 7. See A. Ryan, J S Mill (London, 1974), p 214. See chapter 3 Plamenatz, On Alien Rule and Seloenment pp 22-3 See Francs Snyder and Peter Slnn (ed.), Intenational w o Deelopment (Abngdon, 1987) See chapter 5. Berln Fou Essays on ibety h 3 Ibid p 122. he only purpose for whch power an be rghtfuy exercsed over any member of a cvsed communty, aganst hs w, s to prevent harm to others . . S. Mll, On ibety reprnted n H B Aton (ed.), J S Mill:
Utilitaianism On ibety and Consideations on Repesentative ovenment 19
20 21
(London, 1972), p. 73. Ths s the usual lega concept. See Schwarzenberger and Brown, A Manual o Intenational w pp 5. Schwarzenbergers concepton of negatve and postive soveregnty overaps wth my own at severa ponts but s not dentcal to t. Ibid pp 52, 564. By pota soveregnty Schwarzenberger means 'nde pendene n fat, not merey n aw Ibid p 53f. Shwarzenberger onsders postve soveregnty to be an absolute rather than a relative condton, and negatve soveregnty the reverse But ths s logaly nonsstent f postive soveregnty s a sub stantive condton and negatve soveregnty a formallegal one, as he aso seems to suggest See Ian Brownle, The Expanson of nteationa socety: the onse quences for the law of natons, n Bul and Watson, he Epansion o Intenational Soiety ch 24
new sovereign regime
1 Aan James, Soveeign Statehood (London, 986), p 25 2 Ibid p 39 The analyss n ths paragaph s based on chapter 3 of ames book 3 bid p 48. 4 Gbert Ryle, he Conept o Mind (armondsworth, 1968), h. 2 5 Crawfod, 'The teia for statehood n nteationa law, p. 96 Also see Wght, Systems o States p 27 6 Kesen, eneral Teo w and State (Cambdge, 1945), p 29. 205
NOTES TO PGES
3-53
7 S Mcha Oakhott Th u of aw On itor and Oter a (Oxfod 8) pp 58 8 Hugo Gotu De Jure Bei A Pai Liri tan F Ky (Oxfod 5) P Cavoco 'Th faty of ntnatonam Internationa Reation vo 8 (86) 0 S Hnz Lubaz (d.) e Deveopment of te Modern State (London ) p. Hobb Liatan Mcha Oakhott (d) (Oxfod 6) ch Bodn Six Book of te Commonweat M Tooy (d ) (Oxfod nd) book Ao chapt 7 M. Oakhott On uman Condut (Oxfod 75) Pat 5 T Nadn w Morait and te Reation of State (Pncton 8) 6 S G Mudock Afria It Peope and te Cutura ito (London 5) 7 H. Shu Bai Rigt (Pncton 80) ch 8 S among oth C Btz M Cohn T Scanon and Smmon d nternationa ti (Pncton 85) Pat 5 C Btz Poitia To and Internationa Reation (Pncton 7) pat and and Shu Bai Rigt pat and S S. I. Bnn 'Human ghtfo whom and fo what?' n Kamnka and A Tay (d) uman Rigt (London 78) p Ao D M Tubk 'Human ght aw and human nd pogam' n T Mon (d) uman Rigt in Internationa w (Oxfod 85) ch 6 0 Th uopan Convnton on Human ght mak povon fo d ogaton n xcptona ccumtanc uch a dung natona mgn c. S oayn Hggn 'Th uopan Convnton on Human ght' n Mon uman Rigt ch S fo xamp Amnet Internationa Report 1 986 (London 86) S th baancd dcuon n ack Donny 'Humantaan ntvnton' Journa of Internationa Affair vo 7 (Wnt 8) pp 8 3 Svereignty regimes in histry
L on e uropean Mirae (Cambdg 8) pp 06 . M Wght Power Poiti nd dn (London 86) p 5 H Lautpacht 'Th Gotan tadton n ntnatona aw' e Briti Year Book of Internationa w 1 946 (Oxfod 7) pp Buckhadt e Civiization of te Renaiane in Ita vo (Nw Yok 58) p 5 C H Mcwan e owt of Poitia ougt in te Wet (Nw Yok 8) p 68 6 odn S Book of te Commonweat boo ch p 0 7 Hobb eviatan p. 8 S Pufndof De Jure Naturae et entium Liri Oto (67) C H and W A Odfath tan (Oxfod ) book 7 ch paa 60 F H ny Sovereignt nd dn (Cambdg 86) p 85 0 Schwaznbg and Bown A Manua of Intetiona w p L y e w of Nation nd dn (London 6) pp 0 06
NES P G E S 5 364
1 John Austn, The Poe o Juspudee Deemed . L A. rt (d . ) (London, 1954) 194 (orgn mhss) 1 Bu, The Ahl Soey 89. 14 C d Vsschr, Theo d Rely Publ eol P E. Corbtt, trns. (Prncton, 1968), 1 745. 15 Wght, Sysems o Ses . 18 16 Th cosst to t s Bu nd Wtson, The pso o eol Soey 17 Afrd Cobbn, The No Se d Nol SelDeemo (Nw York 1969), ch. 4. 18 Adm Wtson, Euron ntrnton soct nd ts xnson, n Bu nd Wtson, The pso o eol Soey 18 19 bd . 6. Chrs . Axndrowc, Nw nd orgn stts, eol Affs vo. 45 (Ju 1969), . 471 Aso s hs oduo o he Hso o he o Nos he s des (London 1967). 1 S th dscusson n A. P. dEntrvs, Nul w nd dn (London, 197), 556 Axndrowc, Nw nd orgn stts, 469, 479 S, for xm, Mrtn Wghts crtcsm of Axndrowcs thss n Sysems o Ses . 1 1 78 4 Ptrck OBrn, Euro n th word conom, n Bu nd Wtson, The pso o eol Soey 6. 5 Grotus, The o W d Pee . 199 1 . 6 A. . L rn quotd b Wtson, Euron ntrnton soct nd ts xnson, . 5 7 ees o he Regde Pee rrntd n F W. Rfft (d.), The Woks o he Rgh Hoouble dmud Buke vo. 6 (Oxford, 198), 1567. 8 Mch owrd Th mtr fctor n Euron xnson, n Bu nd Wtson, The pso o eol Soey . 8. 9 J. S M, A fw words on nonntnton, rrntd n G mmfrb (d.), ssys o Pols d ulue by Joh Su Mll (Nw York, 196), . Quotd b Wght Sysems o Ses . 115
1 d Bu, Th mrgnc of unvrs ntrnton soct n Bu nd Wtson, The pso o eol Soey . 11. Axndrowc, Nw nd orgn stts . 467. C. Axndrowc The uopeA ooo (Ldn 197) 15 S T Nff, h Ottomn Emr nd th Euron sttssstm n Bu nd Wtson, The pso o eol Soey 1569. 5 S Grt W Gong, Chns ntr nto ntton soct n Bu nd Wtson, The pso o eol Soey 171-8 Se dm Sugnm, Jns ntr nto ntton soct, n Bu nd Wtson, The pso o eol Socey 1899 7 Chrs C. Grffn, Th stts of Ltn Amrc n F ns (d), The N mbdge Mode Hso vo 1 1 (Cmbdg, 1976), 516 7
NOES O PGES
53
38 Quoted by J C Beaglehoe he Btih Commonweath o f Naton n Davd homon (ed) N amd Mod sto, vo 1 (Cam bdge 1960) p 540 39 See Chapte 4 40 Pete Lyon New tate and ntenatonal ode n A Jame (ed) Bass o tatoa Od (London 1973) p 45 41 J Wetlake tatoa w, pat 1 (London 1904) pp 41 4 he defntve lega tudy of the poce efe to thee tetoe a back wad See M F Lndey cqusto ad Govmt o Bacad to tatoa w (London 196) 43 Weten powe bought and old tetoe a late a the peent centuy Fo example Denmak od the Danh Wet Inda Iland to the Unted State n 1916 fo $5 See Lndley cqusto ad Govmt o Backad to p 167 J Vanna Kdoms o t Savaa (Madon 1966) pp 15 Alo ee Lucy Ma ca Kdoms (Oxfod 1967) ch 1 45 M Fote and E E EvanPtchad (ed ) ca otca Sstms (Oxfod 1940) pp 7 Jacque RchadMolad a quoted by A B Bozeman oct ca (Pnceton 1976) pp 1313 47 Bozeman oct ca p 143 Lndley Backad to tatoa w pp 44 49 Aexandowcz uopa-ca ootato ch 7 Lndey Bacad to tatoa w ch 1 51 M Wght Bts ooa osttutos 1947 (Oxfod 195) p 10 5 A C McEwen tatoa Boudas o ast ca (Oxfod 1971) p 14 53 In 1831 ChefJutce Mahal deveng udgement n a cae entted he Cheokee Naton veu the State of Geoga" defned the poton of the Fedea Govement a one of tutee fo the land held by Indan It cetany the fact that n 1837 a commttee of the Bth oue of Common apponted to conde the teatment of abognal tbe n Bth te toe" expctly adopted th fomua Lod aley utu o ooa ops (London 1943) p 15 Quoted by A C Can ud to mpasm (London 1965) p 95 55 Lndley Backad to tatoa w pp 3930 56 G L Bee ca Qustos at t as ac oc (New Yok 193) p 1 1 7 57 See C W Jenk ommo w o Makd (London 1958) pp 4 and G W Gong Stadad o vato tatoa Soct (Oxfod 1984) pp 1415 58 Lndey Backad to tatoa w p 37 59 L Gann he Beln Confeence and the humantaan concence n S Fote W J Mommen and R Robnon (ed ) Bsmack uop ad ca B oc 1884188 ad t Ost o atto (Oxfod 1988) pp 33 1 Accodng to Bey Atce wa one o f the uccefu function o f the League of Nation See J L Bely he League of Naton n homon 08
N O T E S TO P A G E S
6 62 6
65
67
69
70 71
The N abridge Mdern iry, ol 12 p 498. I s somemes forgoe ha he prcple of useeshp was aso eshed Arcle 2 of he Coea uder whch sgaores acceped he duy of securg 'us reame of he ae haas of [exsg] erroes uder her coro' dey argues ha ruseeshp herefore apped bh o madaes ad o ordary cooes ad proecoraes. See dley Bakward Terriry in Inernainal w, p 6 Schwarzeerger A Manual Inernainal w pp 45 Ml Uiliariani p. 36 . M N Shaw Tile Teriry in Aia Oxford 986 p 59 he maory opo of ega commeaors s ha Arcles 1 (2) ad 55 do o creae a dg lega ogao For a reew of hs coroersy see Shaw Tile Terriry in Aia, ch A Mazru Tward a Pa Aiana odo 167) p Wgh Sye Sae, p. 1 d p 8 Aa ames 'he emergg goa socey' Third Wrld Aair, ol 7 986 p 67 Aexadrowcz The EurpeanAian nnain, p 6 Also see y he same auhor 'he ew saes ad eaoa law' Millenniu, ol 7) pp 22 Alexadrowcz The EurpeanAian nnain, p 25 Id pp 5 1 2 Also see Alexadrowcz 'New ad oga saes' pp ad N WaaceBruce 'Afca ad eraoal aw: he emer gece o saehood The Jurnal Mdern Aian Sudie, ol 2 Decemer 985 pp. 572
Independene by he Mddle Eas ad Noh Arca are excuded fom hs aalyss. See Hedley Bull 'he reo agas he wes' Bull ad Waso The Exnin nainal Siey, oe 45 ch 4 Geofey Baaclough An rdui epa i Haods woh 167) p 06 4 See D Morga uidae Tward Selverne in Briih lnie, The fil i lnl Delpen, o 5 odo 980; A N Porer ad A Sockwel Briih prl Pli ad Delnizain ol. amdge 987 oh Gallagher The Delie Revival and Fall he Biih Epie amdge 982 R F Holad Eupean Deln izain odo 985; ad P Gfford ad W . R ous eds The Traer Pw in Ai odo 82 5 Holad Eup Delizain p 6 Roald Roso 'Adrew Cohe ad he asfer of power ropcal Afca' W H osoes ed Delnizai andAſter (, 1 80) p 52 7 Poer ad Sockwel Briih rl Pli, p 69 8 Peer alooress Wrld Orde ad N Sae odo 162) p 9 Haley The Fuure lnl Peple, pp 4 1 0 he Neherlads admsered Wes New Guea ul 62
NOTES TO PAGES
3
Holland uopean Decoloniaton p 73 2 The major eceptions were Algeria and to a far lesser etent GineaBissa Angola Mozambiqe and Zimbabwe (Rhodesia) 3 Hailey e Futue o olonial eoples p 24. 4 Lord F D gard e Dual Mandate in Bitis opical ica (Edinbrgh 922) pp 95 03 5 Qoted by Kenneth Robinson e Dilemmas o usteesip (London 95) p 9 As indicated the Colonial Empire did not inclde British ndia or Brma . Qoted by . M Ward olonial SelGovenment 1 9186 (Oford 97) p. Those who were not refers to FrenchCanadians 7 Perham olonial Sequence p.255. 8 e olonial olem Repot a Stud Goup o Memes o te Roal nstitute o Intenational ffais (Oford 937) p 255 9 Qoted by Porter and Stockwell Bitis mpel olic p 29 20 Reprinted iid. pp 05 2 He went on to say that a declaration by s mst lead off with those resonding statements of principle on which America insists - or to Americans a declaration of this natre is rather of the natre of an ad vertisement of the character of the party making it than a garantee of performance Qoted iid. p 55 2 Qoted iid p 35 23 Hailey e Futue o olonial eoples p 24 24 Qoted by Porter & Stockwell Bitis mpel oli pp 2 Qoted iid. p 5 2 Qoted by Morgan Guidance owads SelGovenment p 27 Perham olonial Sequence p 27 28 Qoted by Porter and Stockwell Bitis mpeial olicy pp 330 29 Perham olonial Sequence pp 295 337 Qoted by Porter and Stockwell Bitis Impel oli p 233 3 Qoted iid. p 338 32 Iid p 3 33 Qoted iid p 24 Qoted iid p 255 Qoted iid p 277 See iid. p 202 37 First Letter on a Regicide Peace in Rafferty e Wo o dmund Buke vol 38 Reprinted in Brce Fetter (ed) olonial Rule in i (London 979) p . 39 Barb iclesc olonl lanning ompaative Stud (London 958) p Qoted by iclesc iid. p 4 D Morgan (ed) Reassessment o Bitis d olic 1 91196 e fical isto o olonl Delopment vol 3 (London 980) p 339 Qoted by Morgan Guidance owads SelGovement p 32 43 Qoted iid. p 2 Porter and Stockwell Bitis mpel olic p 28 20
NO S TO AGS
933
5 Quoted by Mogan Guidance wards SelGovernment p 21 Quoted by Coln Coss The Fall of the British Empire 1 18-168 (ondon 1968) p 262 7 Mogan Guidance Towards Self-Goernment p 102. Quoted by Mogan ibid . p 32 9 Ibid p 97 Ibid , p 98 51 Quoted by Mogan ibid p 1 1 7 52 Ibid pp. 213-1 53 ccodng to Geneal ncple XIV of te fst NCD complete decol onaton . . s a necessay condton fo economc development and te execse of soveegn gts ove natual esouces e ole of te confe ence n pomotng Not-Sout poltcs s dscussed by Robet Mo tme The Third World Coalition in International Politics, 2nd edn (ondon 198) p 16 S ndew Coen British Policy in Changing Africa (Evanston Ill 1959) 55 See te analyss n Wgt Bh Colonal Conttution c 2 J M . ee Colonial Deelopment and Good Goernment (Ox 1967) pp 2 215 57 Mogan Guidance Towards Self-Goernment p 218 58 ee Colonial Deelopment, p 281 59 ete yon (ed ) The Round Table: Special Edition on Small States and the Commonwealth (ondon 1985) p 3 eam Colonial Sequence p. 338 (empass added) 61 Jon D ageaves West Africa The Former French States (Englewood Clffs 1967) p 155. 62 M . E. Cambelan Decolonization: The Fall of the European Empires (Oxfod 1985) pp. 5 omas odkgn wtes of Fenc Catesansm National ism in Colonl Africa (ondon 1956) pp 330 aley The Future of Colonial Peoples p 5 Rut Scacte Mogentau Political Parties in French-Speaking West Aica (Oxfod 19) p. 56. Quoted ibid p. 7. Cambelan Decolonization p. 68 67 J Stenges e Congo Fee State and te Belgum Congo befoe 191 n . . Gann and ete Dugnan (ed ) Colonialism in Africa 1870160 vol 1 (Cambdge 1981) p 305. Quoted by Stenges e Congo Fee State p. 31. 69 Roge nstey Belgan ule n te Congo and te aspatons of te olu class n Gann and Dugnan Colonialism in Aica vol 2 p 218 70 Stenges e Congo Fee State p. 329. 71 Cawfod Young Politics in the Congo (nceton 1965) p. Stenges e Congo Fee State p 325. 73 Quoted by Wlfed Benson e nteatonal macney fo colonal lbe aton n tu CeecJones (ed.) New Fabian Colonial Essays (ondon 1959) p. 227 7 Mogan Guidance Twards Self-Goernment p. 18 21 1
NOTES TO PGES 10315
Ibid, p 2 Ibid, p Quoted Ibid , p 2 7 Quoted Ibid, p 2 Ibid , p Ibid, p 20 Ibid, p 0 7 Quoted
7 Quoted
2 See I Caude 'Domestc jusdcton and coonasm' Kson (ed) N Sae in he Mdern Wrld (London 97) pp 23
Quoted by Caude ibid, p Ibid, p 32 awcett ctes the oowng exampes sevea Latn Amecan countes Inda Buma Afghanstan the Phppnes Iaq Sya Saud Aaba Lbea and the Sovet Unon See James awcett w and Pwer in Iner nainal Relain (London 92) One coud undoubtedy cte many othes Caude 'Domestc jusdcton and coonasm' pp 2 7 Quoted by Leo Goss 'The ght of sefdetemnaton n nteaona aw' Kson N Sae in he Mde Wrld, pp awcett w and Pwer, pp 20 9 Cawfod 'The ctea fo statehood' p 2
Ibd, pp
Soverety and development
See Wod Ban Wrld Delpen Rer 988 (New Yo 9) Tabe : Basc Indcatos pp 2223 2 abuRahman an 'Inteatona aw of deveopment and the aw of the GA' n Snyde and P Snn Ininal w Dvelpn (Abngdon 97) p 9 3 P T Baue Equali, he
ird Wrld and Eni Deluin
(Cambdge
ass 9) p 7 Evan Luad Ininal Agenie (London 977) p 22 Eugene R Bac Dipla Eni Develpn and
Ohr Paper
(New Yo 93) p 23 Intenatona Labou Oganaton ood and Agcutue Oganaton Economc and Soca Counc UN Educatona Scentfic and Cutua Oganaton 7 UN Confence on Tade And Deveopment Deveopment Po gamme UN Industa Deveopment Oganaton Economc Com
msson f Asa and the a East Economc Commsson fo Afca UN Economc Commsson fo Latn Ameca Luad Innal Agenie, pp 32 9 atn Wght Pwer Plii, 2nd edn (amondswoth 98) p 23 Aso S D Kasne Sruural Cn The ird Wrld Again ll ir ali (Beeey 9) 0 Bedjaou 'A Thd Wod vew of nteatona oganaons' n Geoges AbSaab (ed) The Cnep Ininal Organiain (Pas 9) p 29
Wrld Dvelpn Rr 988 (New Yo 22
9) Tabe 2
NOES O PGE S
5- 2 5
1 2 World Development Report 988 Table 17. 13 Prtners n Development Report of the Commsson on Interntonl Development New York, 16), pp 1278 14 North-South A Progrm for Survvl ambridge, ass, 181), p 10 15 Ibd pp 1 718 16 ee the documents pubished in Phiippe Brailard and ohammadRea Djaii eds), The Thrd World nd Interntonl Reltons London, 184), part 3. 17 Wang Tieya The Third Word and inteationa aw, quoted by Alain Pelet, A new internationa egal order, in nyder and inn, Interntonl w of Development, p 1 1. 18 Pelet, A new internationa ega order, p. 126. 1 ohammed Bennouna quoted by aurice Fory, A Northouth lega diaogue, in nyder and inn, Interntonl w of Development, p 12. 20 aurice Flory, Drot Interntonl du Developpement Paris 177), p 16 21 Pelet, A new international ega order, p 1 1. chwarenberger and Brown, A Mnul of Interntonl w p. . W. Friedmann, The Chngng Struture of Interntonl w New York, 164), · 5 24 Antony Alott, The aw of deveopment and the deveopment of aw, in nyder and linn, Interntonl w of Development p. 82. 25 B V. A. Roling, Interntonl w n n pnded World Amsterdam, 160) p. 83 26 Friedmann, The Chngng Struture of Interntonl w p 62 Aso see . uganami, nternational aw, in . ayal ed), The Communty of Sttes London, 182), pp 678. 27 KabirurRahman Kan, Internationa aw of development and the aw of the A, in nyder and inn Interntonl w of Development p. 176 28 Ibd, pp 1 76 2 ohammed Bedjaoui, ome unorthodo reflections on the "right to de veopment" , in nyder and linn, Interntonl w of Development, p 4 Bedjaoui, ome unorthodo reections on the "right to deveopment" , p 4 origina emphasis) 31 Reprinted in Brailard and Djaii, The Thrd World nd Inttonl Reltons, pp 2236 32 Reprinted bd, p 232. 33 Khan nteationa aw of deveopment and the law of the GA, p 182 The atter gives to a contacting party automaticaly any rights in the same field aready granted, or to be granted at a future date, to any third tate Thus, mostfavourednation treatment creates equality with thid par ties The former does not aim at equality . but at discrimination in favour of those enttled to invoke it chwarenberger and Brown, A Mnul of Interntonl w pp. 878 35 Khan, Inteatonal law of deveopment and the aw of the GA, p 17 ee World Development Report 988 tabes 171 37 ee Peter Koer, Gegro aass, T iebod and R Tetaff, The IMF nd the Debt Crss London, 187), pp 2 213
NOTS TO PAS
2 3
8 Gob nd M [Toronto Rport o n usnss ( October 1987) 9 G. K. Helleiner Economic cisis in subhrn Aric Interntonl our n vol. 41 no 4 (Autum 1986) p. 75966 40 Rport on usnss (16 une 1988). 41 Trevor Pritt nd tephen Riley The intetionl politics o Aicn debt Potl Studs (1987) 5 p 5 4 V Gruhn The recoloniztion o Aric A Tody vol , no 4 (198) pp 7 48 4 Tim Congdon T Dbt Trt (Oord 1988) p 156. . R Lucs On ust (Ord 1980) pp 1 11 45 ection 15 () ee A H Goldmn Airmtive ction Posopy nd Publ Affrs vol 5 (1976) pp 1 795 47 This point ws suggested by Aln Cis. Airmtive ction progrmmes bsed on gender discimntion - ginst women or this reson my not prove to be s workble 49 ee N Glzer Affirmtv Dsrmnton (New York 1975) Rport on usnss (19 December 1987). 51 tephen Hggrd The politics o djustment lessons rom the MFs Etended Fund Fcility Intrnton Orgnzton vol 9 no (ummer 1985) pp 5 T M Cllghy Aics debt crisis ournl of Intrntonl Affrs, vol 8 no 1 (ummer 1984) pp 70 Sovereign rights versus human rights
1 ee Amnsty Inttonl Rports (published in London nnully) Rgs A Rport for t Indpendnt Commsson on Intrntonl Humn trn Issus (London 1986) p 9 Potl Klngs ovmnts An Amnsty Intrntonl Rport (London 198) 4 L Kuper no Its Pot Us n t Twentt Cntury (Hrmonds worth 1981). 5 Dspprd A Report for t Indpendnt Commsson on Inttonl Humn trn Issus (London 1986) p 9 6 ortur n t gts: An Amnesty Intton Rport (London 19). 7 ee Brry Buzn Popl Stts nd Fr (Bighton 198) ch 1 . 8 Worsley rd World 9 ee H L A. Ht Conpt of w (Oord 1961) pp 1895 10 ee R G Collngwood N vtn (New York 1971) prt 1 1 Ibd. pp 91-9 1 Rmrks on t Po of t Als, uoted by Mtin Wight 'Weste vlues in intetionl reltons in H Butterield nd M . Wight (eds) Dpomt Invstgtons (London 1 966) p 14 (oiginl emphsis) 1 Collingwood N vtn p (oiginl emphsis) 14 ee the nlysis in Michel Wlzer Just nd Unust Wrs (New York 1977) pp 8996 15 G W Gong Stndrd of Cvlzton n Intton Soty (Oord 1984) pp. 9 14
N O E S O P A G E S 4 4
16 P. Sieghart The l Rghs of Mnknd (London 1986) p vii (orgnal emphasis) 17 See Brownlie Prnples of Publ neonl w p 513 and R B. Lillich Civil ghts in Meron Humn Rghs n Inernonl w pp 1 1 7-18. 18 Siehart e wl Rghs of Mnknd p 68 19 The literature is too vast to cite For a useful source of pertinent aricles consult the Humn Rghs Qurerly 20 Immanuel Kant 'Perpetual peace: a philosophical sketch in Hans Reiss (ed) n's Poll Wrngs (Cambidge 1977) pp 1078 21 Sed quis custodiet ipsos Custodes? Juvenal as quoted by The Oxford Don of Quoons (2nd edn) (Oxford 1955) p 283 Amnesy Inernonl Repor 1 986, pp. 7 23 David Goldswothy Colonl Issues n rsh Pols 1 941961 (Oxford 1971) p 385 24 C. Wilfred Jenks e Common w of Mnknd (London 1958) p. 4 25 J L Bierly he League of Nations in David Thomson (ed) The Cmbrdge Mode Hso vol 1 2 (Cambridge 1960) p 498 26 Keith Hart The Poll onomy of Wes An Agrulure (Cambidge 1982) p 104 2 Sir . vor Jennings The Approh o elfovernmen (Cambridge 1956) p 162 28 See the special issue devoted to this topic by Thrd World urerly vol 10 (1988) 29 See S. P. Huntngton Poll Order n Chngng oees (Yale 1968) See the comprehensive survey by D L. Horowitz hn roups n Confl (Berkeley 1985) 31 Collinwood The Levhn p. 299 32 Zdenek Ceveka Unnshed Ques for Uny (New York 19) p. For a study of such episodes see Kuper enode Alan Dowty Closed orders (London 1987) p. 142 35 Rgees p 9. Bill C89 as reported n e lobe nd Ml (4 June 198) 37 Brownlie Prnples of Publ Inernonl Lw p 515 Wight ysems of es ch. 6. he notion of territorial vicnae is fro Edund Burke First letter on a regicide peace in Rafferty The Works of dmund urke vol 6 p 159 note 3 39 Mazrui Towrds Px An ch. 2 Wiht ysems of es note 5 pp 172 41 See Ian Brownlie (ed) s Doumens on An Affrs (Oxford 1971) p 3 42 See the analysis in A C McEwen Ineonl oundres of s A (Oxford 1971) p. 22. Qd id p Aold Wolfers Dsord nd Collboron (London 1962) pp 2390 45 Reprinted in Claude E. Welch Jr and Ronald I Melzer (ed) Humn Rghs nd Developmen n A (Albany 19) pp 31729 See Rchard Gittleman he Banjul Charter on Human and Peoples Rights 215
N O T E S T O P A G E S 6
47
4
5
5
·
a legal aalysis i elch ad Meltze uman Righs and Delopmen in p 5 he eamble eaffims the Afica states adheece to the piciples of huma ad peoples ights adopted by the Ogazatio of Afca Uity the Movemet of NoAliged outies ad the Uited Natios Sieghat l Righs of Mankind, p alvoessi he failty o f iteatoalism nional Relaions, p 588 Kat epetual peace pp 0 G Kayeihamba Huma ights ad developmet with special efe ece to Afica i Syde ad Sl ninal w of Developmen, p 5. Mill A few wods o oitevetio i Himmelfab Essays on Poliics and Culure John Suar Mill, ch 0
Quas-states and nteanal the
M ight A aatomy of iteatoal thought Review of neonal Sudies, vol 3 (87 pp 7 Also see Bull Mati ight ad the theoy of iteaoal elatios pp 06. Mogethau Scienic Man Versus Power Poliics, p 3 See A Liklate Me ad cizes i teaoal elatos Revi of nional Sudies, vol 7 (8 pp 37 4 See R ettma ompetig aadigms i iteatioal politics Review of nernaional Sudies, vol 7 (8 pp 39 5 N Machavell The Prince, Geoge Bull tas (Hamodswoth ch . 6 Machiaveli e Prince, ch 8 7 Hobbes vhan, ch 7. 8 J. D B Mille he soveeig state ad its futue nional oul, vol. 3 ( p . Has J Mogethau as quoted by Gelma Has J Mogethau ad the legacy of poltcal ealsm Review of neional Sudies, vol 4 ( p 54 (emphasis added) 0 his bief aalysis is deived maily fom H Lautepacht he Gotia ado i iteaoal law The riish Year ook of nional w, vol 3 (946 pp 53 Lautepacht he Gota taditio i iteatioal law p 3. M Oakeshott he ule of law iso and Oher Esys (Oxfod 83 p Also see chapte 3 M Oakeshott Raionalism in Poliics and Oher Essays (Lodo 6 pp 36. 4 his summay aalysis is based o Kats essays Idea o a uivesal hstoy a cosmopolita pupose O the commo sayig "this may tue theoy but it dos ot apply pactice ad epeual peace a philosophical sketch i Reiss n's Poliil Wriings, pp 453 6 ad 930. 5 Richad Fak A ew paadigm fo iteatioal legal studies i R Falk F Katochwil ad S H Medloitz (eds ) neional w: A Conempo ra Pespeve (Lodo 985 pp 65793 6 Ib. p 6. 6
O T S T O A G S 1 75 - 2 0 0 1 7 See the discussion in Bull, Anchil
Siey
p 25
18 See Friedmann, T hnging Sucue of niol 19 For a criticism of the in these terms see Nardin, Relion of Se p 1 10.
20 For an analysis along these lines see Lucas, 21
bd
w w Moliy nd he
On ue ch
15
p 256
G Vlastos, 'Justice and equality', in J Waldron (ed), eoie of Righ (Oxford, 19), p 55.
J H Herz, 'Rise and demise of the territoal state, Wold Poliic vol 9 (1957), pp 4793 4 djaoui, 'Some unorthodox reflections on the "right to development" , pp 87116 Unless otherwise indicated the following analysis and quotations are from
A few words on non-inteenon', pp and Walzer, u nd ,
6
Unju W ch 6. Uilinim ,
p 73.
27 See D uban, 'The romance of the nationstate, in itz, Ehic p 243. Concluson 1 Oakeshott,
Rionlim in Poliic nd Ohe Ey
nionl
p 5
2 M Walzer, 'The moral standing of states, in Beitz, Cohen, Scanlon and Simmons,
nionl Ehic
pp
217
INDEX
Afghanistan, 59 Aica, 14, 59, 71, 115, 125, 127, 139, 1, 187, 197 rin Confence (1) and, 670, 72 'Euroan Aca, 39 European paon, 671 Euroan usteeship des, Organizaon of African Unity (OAU), 128, 15, 1 paron of, 67-71 rsonal le in, 'standard of on and, 723 adiona poica systems, 679 Aexandrowicz, Charles, 57, 61, 62, 70, Algeria, 82, 1 Amnesty Inteaona, 19, 20, 47, 14, 189; al human ghts Asia, 7, 59, 71, 115, 1, 139 assiate stateh, 32, 1, 117, 2 Atanc Charter, Ausn, John, 53 Ausaia, 5, 103, 1 AusHungaan Empire, , al Habsbu empire Baur Rert, b'I Barbados, 135 baba, 4, 35 djaoui, Mohammed, 114, 121, 1 haviouraists, 2 lan Congo 67, 1012 Benn, Sney, rlin Conference (15), 69-70, ; al Afca, human ghts Genera Act of, 73 rin, Iiah, 27, 29 Bodin, ean, 51, 167 Brandt, Wiy, 117 Bery, J . L., , 147 Btain, 16, 1, 129, 147 Brish Empi, 13, 14, 17, 323, 39, 61,
constuona framework of, doonizaon of, and prsion ima of, 87 uscaon of, parehip ido, in, on, Winston Brownlie, Ian, 3, 151 Bull, Hedey, 4, , 61 Burckhardt, Jacob, 3, 51 Burke, Edmund, 4, , 91, 142, 158 Caine, Sir Sydney, Cavossi, Peter, 37, 1 Cameron, Sir Donald, 16 Canada, 5, 87, 129, 1323 Chad, 24, 149 Charter of the Economic Rights and Dues of States, 1223, 132, 135 China, 20, , 61, 62, 105, 174 Churchil, Winston, vil rights movement, 26 on; human ghts R G Coingwd on, 1423, 149, 11 concept of, 142 deveopment and, 143 domesc invility, 161 Gert Gong on, 143 human gh and, 1 inteaona vility, 1 Nuremrg and Tokyo Tbunals, 143 e of aw and, 1423 d ust of, technoogy and, 1423 onssystem, Cohen, Sir Andrew, 95 cod war, 15; al EstWest conflict, Gorbachev Colingw, R G, 5, 6, 1423, 1, 1, 149, 11 Coonia Office, 114 coom as a me,
2
NDEX colonalsm (cont.) human ghts of, 147 inteaonalzaon of, 102 Commonwealth, 89, 97, 129; el Brsh Empre Brish Commonwealth, 65 as club of rulers that succeeded Brsh, 98 reshad by Bsh decolonzaton, 98 self-detenaton and, 15 vehicle of decolonzaton, 103, 1 constuonal indendence, 32, 35 lso sove statehd Crawford, James, , 108, 1423 CrhJones, Arthur, 93 crcket, 4, 35 ultural relavsm, 1 1 deoloon, 821 Atlanc Charter and, Balfour Report, 65 lan Congo (re), , 1012 lan thess, 105, 1 Bsh constuonal enneng, 7 Brsh Empre, 7 Colonal velopment and Welfare Acts, 912 colonal tutelag, 93 decline of Euroan pmacy, 82 Lord Durham's Rert (1839), 87 tch East Indes, 82 as enclosur movement, 151 French empre, 82, 1, 10 G denden, Inda, teaonal lemay of, Harold on, 1, 95 Marg Perham on, Poug A, 107 (Southe) Rhesa, 1 Sr (Ceylon), me g out, 9 Untd States demands fr, 9 Gaulle, Charles, 11, 102, 1 nmark, velopng counes rd Wod, Northuth gap development; eteaonal development, nteonal development assstan, tonal development law, negave soverety, outh gap dplomacy aossm of, 196 constonal, 8, 35 Machavellian, 8, 35, 165 Sr Alec, 1 East Indes,
0
dynasc state, EastWest conflct, 18, 1925 lso orbachev Emmet, Dorothy, 3 empirical statehd, 21, 2, , 42, 513, 55, 62, 94, 168; lso jurdcal statehd J Brerly on, 53 G. Schwarzenrger on, 53 Ertrea, 41 Ethopa, 39, 59, 67 Europe, 59, 1, 62, 65, , 71, 110, 1390, 162 elso Africa Euroan expanson, 5971, 912 the European miracle, Falk, 17 Famly of aons, 57, 59, 62; el natural law, inteatonal law Charles Alexandrowcz on, Brtsh Domnons n, 5 Chna , Comty of aons, 1, 194 Easte Europe in, rotus, Hugo, on 57 Hague Peace Conferences 18, 17), Japan , Amecan states in, Pas Peace Conference, Turkey in, 623 Unted States n, Findlandon, France, 1, 129, 187 F 129, 187 Frnch Empre, 1 assmlaon l, Frenh Indhna, 82 Fedmann, Wolfgang, 120, 1, 1 Gamba, e, 15, 94, metaphor of, 4 Lws, 73 General on Taffs and Trade 123 Generald heme of Prens n, 123 nteaonal ve acon and, 1 Most Favourd Naon prnple n, 123 reprty de of, 1 1 1 Gany, 1 Ghana (Gold Cst), 14, 323, , 102, 1 Goldsworthy, Davd, 147 Gong, Get, 1 Gorbachev, , 1, 1, 174, 193; Sovet Unon gsnost, , 194
INDEX human rights and 45 945 restri 1 Greece Grous, Hugo 52 57 72 Group of 4 Habsburg Empre 22 24 e als AustoHungarian Empire Hague Peace Conferences Hailey Lord 9 Hait 67 Hall W. E . 6 Hareaves John Hasngs Warren Hinsley F. H 52 Hobs homas 5 69 7 Holland 57 Hull Cordel human rights 393; see als cition; inteational law negave sovereignty; Amnesty Inteaonal African Charter on Human and Peoples' Rights 9 as naural rghts 45 authoritaian govements and 7 55 Bern Conference on 73 Peter Calvacoressi citon' and 46 Congress of Vienna on 723 cultural relativism and 4 decolonzaon and 49 59 European Convention 5 555 M. Gorbachev and 45 95 instuonalized demraes and inteaonal codificaon 445 as inteaonal constutionalism 55 Inteaonal Covenant on Civil and Polical Rights 445 inteaonal law and 45 inteationa relations and 42 as jus gens, League Mandates Commission and 47 mass media and 45 as natural rights 45 postwar revoluon of 446 refugees and 50 Paul Sieghat on 5 standards and expectations of 4 Universal Declaraon of Human Rights 9 45 40 44 humanitarian awareness 20 47 Kant on 45 59 humanitain organitions 45 idealsm
in inteaonal relations 7 7 in phiosophy 57 India 20 62 Indonesia insutional te 7 9202 instittionaists 5 inteational affiave action 29 3 35 e als negave sovereignty game affimave action in Canada 323 affirmave action in the United States 323 GA les and 34 loc of 3 Third World states and 3 inteational demcracy 7 inteaion development assistance 28 see al NohSouth gap assymetical relaons in 38 OECD counties and 5 Third World and 6 inteational development law 26 24 see als inteaional law naural law faly of nations B. V.A Ruling on 20 22 Mohammed djaouion 2 Chater of the Economic Rights and Duties of States and 223 demratic tendency of 8 fair trade and 9 ee tade and 9 Wolfgang Friedmann on 20 2 GA and 23 Kabir Khn on 23 nonreciprocity and 3 posive libety and 2 selfdetemination and 2 UN Charter and 22 validity of inteational justice; e als NothSouth diemma commutative justice 44 7 distibutive jusce 43 7 82 fai bargains versus hard bargains' 32 J. R Lucas on 82 J. S. on 85 noatve diemma in 83 patealism and 87 theories of 7988 Michael Walzer on 86 inteational laissez faie 27 inteaonal law see als fmily of naons inteational development law natral law inteational leitimacy inteational sciety as a sieas 52 73 83 as a univesias 73 capitulation teaties 62
221
IDEX inteaona law (cont. cession 55 conquest 55 'constuve recognion doctine 61 cuju rego u relgo 152 1% W E Hall on 61 Most Favoured Naon prinple 43 Ter Nardn on 1 ct unt 1, 11 13 reciproty 11 G hwarzenrger on 119 culaizaon of inteaonal law' 75 standard of tion 71, 143 terr nullu 55, 7 'unequal eaty obligations 62 inteonal legimacy; ee lo inteaonal law inteaonal soety Europeans and 16 Non-Europeans and 16 postwar 117 prewar 16 Rex t mrtor n regno uo 51 sea change in 3 inteona liberaism 6 1, 'jurdical equality of al states 55 virtue of small states Michael Wazer on 22 Wilsonian Inteaonal Monetary Fund ) agent of recolonization 129 classical liral de of 129 sctural adjusent policy of 129, 136 hird World debt 129 hird World leaders 127 intetiona organizaon 1115 Bedjaoui M on 114 Third World and 1114 nteaonal relations theory classical raonaism 9 39 1, 171-2 classical realism 7, 39, 51, 15, 167-9 classcal revolutionism 9 39 1 contemporary ratonalism 173 contemporary realism 16971 Grotius 1712 Hobs 19, 171 Kant 1 175, 12 Machavelli 15 167 neo-Maxist sucturalsm 179 Marn Wight on 1, 167, 171 world order perspecve 175 inteonal society 9; elo inteaonal lema inteaonal law conseasm of 1 constuonal levelling of 17
diplomac agnoscsm and 196 dualism of 5455 empowerment and 21 enfanchisment n 21, 17 191 new positive 226, 31 as 39, 173, 1, 13 hid World Radicalization of 114 1 as un 39 1, 173, 175, 1 nteaonal tusteeshp 15 32 71 Brish poical thought and Colonial Development and Welfare Acts 923 General Act of rln Conference 92 League Covenant on 73 League Permanent Mandates Comission Lord Lugard on 71 UN Charter on 74, 76 UN Inteaonal steeship System 73 Iran (Persia 59 Israel 169 James Alan 32 Japan 39 55, 59 61 3 129, 195 Jefferson homas Jenks C Wilfred 147 Jennings Si W Ivor 147 juridical statehood 21, 234 53, ; ee lo empirical steho jurisprudence 3 Kahn Kabir 123 Kant Immanuel 145 159 1 175, 12 Kelsen Hans tin America 61 1 1293 139 Law of Nations ee nteaonal law natural law family of natons League of Naons 15, , 55 Mandates 73 76 92 147 League of Naons Covenant 73, 75, 1 Lebanon 24 Lee J M Liria 39, 59 67 Lndey M F 7 71 Lindsay A D 6 Lloyd George David 75 Locke John 172 Lucas J R. 1312, 12 Lugad S Fedeck Later Lord) 71 and 'he Dual Mandate Lumumba Paice 11 Lyon Peter Lyttelton Olver 93 MacDonald Malcolm 92 McEwen A C 7 Machiavell Nccolo 51, 1-5, 167
INDX Macmillan Harold 9 1 95 Maitland F W . 9 Mali 11 153 Marshal Plan 113 Karl 29 1 Masts 2 17 Mazi 152 Menies Rort 1 mio-states 15 17 95 Middle East 125 169 Mill John Stuat 27 1 75 7 162 15 Miller J D B. 17 Minh Ho Chi modetion theory 1 Morgenthau Hans J 165 171 Morrison Herrt 93 Mortmer Rort Mulnaonal Corporaons (MNCs) and negave sovereity 1769 Nardin Terry natural law; e nteaonal law fmily of naons Charles Aexandrowicz on 57 7 Groan law of naons 31 Grous on 57 old natural law reme negave lirty; ee posive lirty I Berlin on 27 definion of 11 27 J. S. Mill on 27 negave and posive sovereignty gap tween 31 negative sovereignty 1 e decolonizon human rights negave lty noninteenon sef-determnation absolute conditon of 29 assumpons n hrd World debt relief 1 classical inteatonal theo and 1 decolonization and 25 97 17- definion of 27 de of 25 nteatonal society and mulnaonal corporaons and 1769 necessity of 11 negave sovereignty game 26 9 1; e so negave sovereignty posive sovereignty game rules conseave bias of 191 196 development entlements and future of 1 orbachev revoluon nd 15 human rights and , 157 192 as nteaonal safety net as nteaonal ratonalism 2 lack of nstutional alteaves to 19 2
noninteenon and 192 seldeteminaon and Nehru Jawaharlal 13 New uinea 1 New Inteaonal Economc Order (NIEO) 115 11 1212 131 1 21 Charter of the Economic Rights and ues of States and 122- disibuve jusce and 131 Third World debt and 131 Generl Asmbly clraon on 121 New Zeand 13 Newly Indusg Counies (NICs) 11 19 Nigera 149 Nkrumah Kwame 1 noninteenon e negave sovereity negave veity game classica rights of foundaon of inteonal sety 192 inteaonal 6 J S. Mil on 15 nomave vbulary of 7 pivotl rule upholding quasistes 192 Michael Wlzer on 17 Nordic countries 129 NorthSouth dilemma 1 13; e so inteaonal jusce conflicng concepons of 137 GA and 136 and 136 nteaonal development assistance and 137- inteaonal jusce and 18 hird World debt and 121 NorthSouth gap 119 21 112 176 ee Thrd World Brandt Report on 117 decolonion and 1 1111 moral unacceptability of 1 1 1 negave sovereignty and 1 1 7 Pearson Report on 1 1 7 World Bank ndicators of 1 1 Oakeshott Michael 5 39 173 2 Oceana 61 71 97 115 Orgnization for Economic Cooperaon and Development (OECD) 1232 191 Ottoman Empre 22 24 62 65 e urkey Paris Peace Conference ( 1919) 75 Patesm e nteaonal jusce nteaona trusteeship North South dilemma
NDEX Peason Leste 1 117 Peez Calos Anes 127 Peham age 15 7 4 Plenatz ohn Polan 37 polical gs Pougal 102 Potuguese Afica 107 posive lity 121 e al negative lty I lin on 2 an classical alism efinion of 11 2 asm on 2 posive soveeignty 1 107 117 lW1 126 1 eal negative soveeignty ohn Ausn efinon of 53 . Cawfo on efintion of 2 obs on 1 inteaonal eteat fom 1 Kelsenon elave concept of 2 G Schwazenge on 2 E Vattel on posive soveeiy game 171 e al negave soveeity game posive soveeignty ules consttuve les of 35 an League of Naons playes Pufenof Samuel 52 pygmy sates Quec Povnce of 32 Repot of the Commssion on Inteaonal veopment (Peason Ret) 117 eal Nouh gap Repot of the Inepenent Commission on Inteaonal Development Issues ant Repo) 117 e al Noth uth gap Repubic of Vieam Robnson ames 12 Refele Davi 126 Roling V A. 120 123 ules al negative soveeity game posive soveeignty game constutive 5 instmental lawyes on 3 poiical sciensts on 3 Russian Empie 5 Ryle Gil 33 hatthneie E. E 5
Schwazenge Geog 2 53 75 11 selfeteminaon 16 77 e al negave soveeignty Chales Aleanowicz on ohamme jaoui on 121 14 Ian ownlie on 151 categocal impeave 75 76 1 1 classic concept of 77 conseative ight ames Cawfo on 10 Chales e Gaulle on 10 ethnonatonaies an 412 7 154 1 genea pess of 26 iniviual 2 as jus cos 3 151 League Covenant on 7 azi on 152 S ill on 75 162 naona 28 natual law an 7 posiive law an 7 as aal soveeigny 1523 Rhoesian Unilateal Declaaon f Inepenence an 107 as soveeign ight 151 Thi Wol concepon of 1512 UN Chate on 41 77 151 UN Resolutions on 7 an Wight on 7 1512 selfgoveent 114 e al ecolonzaon selfeteminaton ish constuonal loc of . S ill on 7 agey Peham on Senegal 1 Siegha Paul 145 Sea Leone Singapoe 135 Smith Ian 107 South Afica 17 102 152 161 16 17 1 Southe Rhesia oesia) 7 1 152 soveeign stateh al constuional inepenence ohn Ausn on 53 afactual chaacte of 7 efinion of 32 empical gouns of Chales e aulle on 11 6 of legal oe of soveeignty plus 31 viet Union 15 20 45 105 16 174 15 e al Gobachev Spain
NDEX Si (Ceylon), 14, sucturalism, 2, 1 Sudan, 126 Sukao, Achmed,
,
161
tao subjects in Third World studies, 10 1 161 191, 197 202
Third World 1 2; e al North-South gap challenge to posive sovereignty de, 114 creditwothiness, 125 debt csis, 1231 'decapion of, 116 definion of 2 1 development conces of, 124 oreign ad concepon of, 112 frozen polical map of, 24 image of, 2 14 inteaonal affiave acon, 131-5 Toure, kou, 1 Treaty of Pas (156) and Turkey, 62 Tucker, Roert Turkey, 55 61 62-3 see al Ottoman Empire Uganda, 149 underdeveloped countes; Thd World, NorthSouth gap United Naons claraon Regarding Nonf Goveing Tertoies, 74 Declaraon on ranng of Independence, General Assembly, 74, 102 174 Inteaonal Tsteeshp System, memrship, 15 Secuty Council, 174 Third Word stes and, 144 174 Tusteeship, 74 92 United Naons Charter, 16 41, 74 76
United States, 15 39 7 129-31 1323 135 1, 169, 1945 197
Brown versus rd of Educaon (19) 74
Civ Rights Act (19), 74 on decolonization, Universal Declaraon of Human Rights, 19, 140 144 value udgements, 910 values egalitarian and demrac, 26 inteaonal, 910 van Bilsen, A. A. J . 1012 Vatte, Emmech, 3 Venezuela, 127 Vietnam, 169 Walzer, Michael on intetional lraism, 2 202 on noninteention, 1 17 warfare, assical, 37 Watson, Adam, Wight, 51, , 70 114 151, 1, 167 171
Wilrforce, William, 145 Wiliams, Eic, 95 Wilson, Harold, 1 Wlson, Wrow, 75 Wolfers, Aold, 1 Wod Bank, 20 19 economic classificaon of countries, 115
President of (19) 113 t Rt 19 world league tables, 19 Wosley, Peter, 1 Young, Crawford, 102 Yugoslavia,
105, 121 151
on decolonzaon, 1023, 105, 107
Zambia, 127 149
AMBRDGE DE N NERNANAL RELAN 21
ROGER BUCKLEY
UJn ince diomc 19451990 20
19
nd E R N ST-OTTO C Z E M P I E L eds Goence ithout oement order nd chne in ord oitics
JAMES N . ROSENAU
M I C H A E L N I C H O LS O N
Rtionit nd the nsis o intetion conflict 18
nd SUSAN Ri sttes ri firms J O H N STOPFORD
STRA N G E
Compeiion for world marke shares 17
16
T E R R Y N A R D I N nd DAVID R M A P E L eds. rditions o intetion ethics CHARLES DORAN
stems in crisis
New imperaies of hih poliics a cenurys end 15
DEON G ELDENHUYS
Isoted sttes comrtie nsis 14
KALEVI J H O LST!
Pece nd r ed conflicts nd intetion order 16481989 13
SAKI DOCKRILL
Britins oic or West Gen rement 1951955 12
R O B E RT H J A C K S O N
usisttes soereint intetion retions nd the hird Word 11
nd J O H N BARRATT outh Arics orein oic JAMES BARBER
e search for saus and securiy 1941988 10
JAMES MAYALL
Ntionism nd intetion societ 9
WILLIAM BLOOM
Person identit, ntion identit nd intetion retions 8
Z E E V MAOZ
Ntion choices nd intetion rocesses 7
IAN CLARK
he hierrch o sttes
efo and resisance in he ineaiona orer 6
HIDEMI SUGANAMI
e domestic no nd ord order rooss
AMBRDE DIE IN INERNAINAL RELAIN 5
STE P H E N G I L L
ericn heeony n he rierl Coission 4
M C H A E L C P U G H
he NZUS crisis nucer visiin n eerrence 3
M C H A E L N I C H O LS O N
For heories in ineion reions 2
F R E D R C H KRAT O C H W L
ules, nos, n ecisions
On h ondons o praa and a rasonn n naona raons and doms aars 1
M L E S L. C R O B E R T S O N
Sovie policy owrs pn
n anayss o rnds n h 170s and 1 80s