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Sovereignty Is Socially Constructed the State of and That It Changes with Time and Place

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Sovereignty Is Socially Constructed the State of and That It Changes with Time and Place WORLD HISTORY | POLITICAL SCIENCE Howland EXPLORES HOW STATES CONSTRUCT and White THEMSELVES AND HOW STATE FORMS SEEK TO BE SOVEREIGN THE Contributors “The multidisciplinary character of the contributions reinforces the focus of the work—that sovereignty is socially constructed the state of and that it changes with time and place. Nearly unique in Mark Philip Bradley presenting the diff erent operationalizations of sovereignty while s Keith Brown avoiding the superfi ciality of other attempts to do so.” TATE Frederick Cooper —William Reno, Northwestern University Kevin C. Dunn The State of Sovereignty examines how the nation-state became the prevailing form of governance in the world today. Spanning s Siba N. Grovogui the nineteenth and twentieth centuries and addressing colo- OVEREIGNTY OF Douglas Howland nization and decolonization around the globe, these essays argue that sovereignty is a set of historically contingent practices, and Aida A. Hozic not something that accrues naturally to states. The contributors explore the diff erent ways in which sovereign political forms s Martha Kaplan have been defi ned and have defi ned themselves, placing recent debates about nations and national identity within a broader OVEREIGNTY John D. Kelly history of sovereignty, territory, and legality. Aims McGuinness DOUGLAS HOWLAND is the David D. Buck Professor Leonard V. Smith of Chinese History at the University of Wisconsin– Territories, Milwaukee. David Tucker LUISE WHITE is Professor of History at the University Laws, Luise White of Florida. Populations 21st Century Studies—Daniel J. Sherman, editor Edited by Douglas Howland INDIANA Cover illustration from Leviathan by University Press Thomas Hobbes, courtesy Special Collections, and Bloomington & Indianapolis University of Virginia Library INDIANA http://iupress.indiana.edu Luise White 1-800-842-6796 THE STATE OF SOVEREIGNTY The State of Sovereignty: Territories, Laws, Populations is Volume 3 in the series 21st Century Studies Center for 21st Century Studies University of Wisconsin–Milwaukee daniel j. sherman general editor Terror, Culture, Politics: Rethinking 9/11 Edited by Daniel J. Sherman and Terry Nardin Museums and Diff erence Edited by Daniel J. Sherman THE STATE OF SOVEREIGNTY Territories, Laws, Populations Edited by Douglas Howland and Luise White indiana university press bloomington & indianapolis This book is a publication of Indiana University Press 601 North Morton Street Bloomington, IN 47404-3797 USA http:// iupress .indiana .edu Telephone orders 800-842-6796 Fax orders 812-855-7931 Orders by e-mail [email protected] 2009 by The Board of Regents of the University of Wisconsin System All rights reserved No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage and retrieval system, without permission in writing from the publisher. The Association of American University Presses’ Resolution on Permissions constitutes the only exception to this prohibition. The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences—Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984. Manufactured in the United States of America Library of Congress Cataloging-in-Publication Data The state of sovereignty : territories, laws, populations / edited by Douglas Howland and Luise White. p. cm.—(21st century studies ; v. 3) Includes index. ISBN 978-0-253-35231-6 (cloth : alk. paper)—ISBN 978-0-253-22016-5 (pbk. : alk. paper) 1. Sovereignty. 2. Sovereignty—Case studies. I. Howland, Douglas, date II. White, Luise. JC327.S75 2008 320.1'5—dc22 2008011319 1 2 3 4 5 14 13 12 11 10 09 CONTENTS acknowledgments vii 1 Introduction: Sovereignty and the Study of States 1 Douglas Howland and Luise White 2. Sovereignty on the Isthmus: Federalism, U.S. Empire, and the Struggle 19 for Panama during the California Gold Rush Aims McGuinness 3. The Foreign and the Sovereign: Extraterritoriality in East Asia 35 Douglas Howland 4. Wilsonian Sovereignty in the Middle East: The King-Crane Commission 56 Report of 1919 Leonard V. Smith 5. Colonial Sovereignty in Manchuria and Manchukuo 75 David Tucker 6. Alternatives to Empire: France and Africa after World War II 94 Frederick Cooper 7. The Ambiguities of Sovereignty: The United States and the Global Human 124 Rights Cases of the 1940s and 1950s Mark Philip Bradley 8. What Does It Take to Be a State? Sovereignty and Sanctions in 148 Rhodesia, 1965–1980 Luise White 9. Legal Fictions after Empire 169 John D. Kelly and Martha Kaplan 10. Sovereignty after Socialism at Europe’s New Borders 196 Keith Brown 11. Environmental Security, Spatial Preservation, and State Sovereignty in 222 Central Africa Kevin C. Dunn 12. The Paradox of Sovereignty in the Balkans 243 Aida A. Hozic 13. The Secret Lives of the “Sovereign”: Rethinking Sovereignty as 261 International Morality Siba N. Grovogui list of contributors 277 index 281 AC KNOW LEDGMENTS The essays in this volume were produced for a conference held at the Center for 21st Century Studies at the University of Wisconsin–Milwaukee in Octo- ber 2005 and titled “The Art of the State: Sovereignty Past and Present.” Our conference was a provisional eff ort to understand how and under what cir- cumstances states become sovereign. We fi rst began to discuss some of the issues in this volume when we were both fellows at the Woodrow Wilson In- ternational Center a de cade ago. A year or two later, we began to think about a conference while sitting on a screen porch—subsequently destroyed in Hurricane Frances—in north central Florida. We were looking for ways to historicize the concept of sovereignty in order to examine the historical mean- ings of both sovereignty and the entities practicing sovereignties. That we were able to turn these plans into a conference and then this volume was made possible by the generous fi nancial and logistical support from the Center for 21st Century Studies. We especially want to thank Daniel Sherman, Kate Kramer, and Ruud van Dijk for their hard work, good will, and critical en- gagement with this project. We also thank Frederick Cooper for an excep- tionally careful reading of an earlier draft of our introduction. THE STATE OF SOVEREIGNTY 1 Introduction Sovereignty and the Study of States douglas howland and luise white As the chapters in this volume demonstrate, sovereignty does not accrue natu- rally to a state. Taken together, these essays argue that sovereignty is a set of practices that are historically contingent—a mix of both international and intra-national pro cesses, including self- determination, international law, and ideas about natural right. To explore how and under what circumstances states become sovereign, we historicize the concept of sovereignty, considering both the meanings of sovereignty and the entities practicing sovereignty. Rather than trying to fi nd one overarching and totalizing defi nition of sovereignty— one that is ahistorical and transnational—we examine strategic sovereignties that have informed histories and shaped territories in the modern world. In the past de cade, discussions of sovereignty have gone in two almost parallel directions. On one hand, in academic circles sovereignty has provided a way to talk about individuated experiences, private and autonomous, and most of all, bodies. Bowdlerized versions of Carl Schmitt, who argued at the least that sovereignty was an authoritative decision in an exceptional situation, invited the study of sovereignty as per for mance; this in turn invited discus- sions of sovereign bodies, a meta phorical shift that claims to have both repo- liticized individuals and reconceived autonomy. On the other hand, sovereignty has been assumed to be an inherent characteristic of functioning states (those that are not “failed states”); for example, we need look no further than U.S. foreign policy: who could have imagined, a de cade ago, that U.S. offi cials would speak of “giving Iraq sovereignty”? It is clear that the question of how states become sovereign cannot be engaged without fi rst asking what entity gets to be a state and how states come into being and become actors in an international world of states. To that end, some of the essays here depict how the entities that became states laid claim to a sovereign status, while others examine how such states practiced what was at the time globally recognized as sovereignty. As a group, the essays in this volume substantiate the uncer- tain and contested nature of sovereignty as an historical practice in specifi c situations. To say that sovereignty is a contested concept invokes the language of contested meanings. Indeed, among the essays here are meanings of sover- eignty, such as practical domestic autonomy, the right to domestic autonomy, and the right to international legal personhood. But we want to move beyond contested meaning in these chapters and demonstrate that sovereignty con- sists of unfi xed practices within states—practices that are struggled over, just as the international relations of states are struggled over. Sovereignty is con- tested because it is continually negotiated on the ground—over what a state does, to whom, and where: it is these questions of authority, populations, and territory that shape the essays in this volume. We believe that the problem of sovereignty in the study of states has been largely eclipsed by the study of nationalism in recent decades. This volume quite consciously off ers an alternative to the recent literature on nationalism, which too often treats nationalism as a precursor to the formation of modern states. In studies of nationalism, states are goals of nationalists’ ideas, territo- ries are the homelands of nations, and populations are blank slates that await the construction of national identities. All of these ideas are worthy of inter- rogation, but they tend to make the state a concrete object, a given rather than an object of inquiry in its own right, a politi cal form that legitimates it- self through genealogies of philosophy and practice.
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