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The Rise of the Territorial State and the Treaty of Westphalia
The Rise of the Territorial State and The Treaty Of Westphalia Dr Daud Hassan* I. INTRODUCTION Territory is one of the most important ingredients of Statehood. It is a tangible attribute of Statehood, defining and declaring the physical area within which a state can enjoy and exercise its sovereignty. I According to Oppenheim: State territory is that defined portion of the surface of the globe which is subject to the sovereignty of the state. A State without a territory is not possible, although the necessary territory may be very smalJ.2 Indispensably States are territorial bodies. In the second Annual message to Congress, December 1. 1862, in defining a Nation, Abraham Lincoln identified the main ingredients of a State: its territory. its people and its law. * Dr Hassan is a lecturer at the Faculty of Law. University of Technology, Sydney. He has special interests in international law. international and comparative environmental law and the law of the sea. The term sovereignty is a complex and poorly defined concept. as it has a long troubled history. and a variety of meanings. See Crawford J, The Creation of States in International Law ( 1979) 26. For example, Hossain identifies three meanings of sovereignty: I. State sovereignty as a distinctive characteristic of states as constituent units of the international legal system: 2. Sovereignty as freedom of action in respect of all matters with regard to which a state is not under any legal obligation: and 3. Sovereignty as the minimum amount of autonomy II hich a state must possess before it can he accorded the status of a sovereign state. -
J. Van Der Kroef on the Sovereignty of Indonesian States: a Rejoinder
J. van der Kroef On the sovereignty of Indonesian states: a rejoinder. (Zie nr. 1562) In: Bijdragen tot de Taal-, Land- en Volkenkunde 117 (1961), no: 2, Leiden, 238-266 This PDF-file was downloaded from http://www.kitlv-journals.nl Downloaded from Brill.com10/03/2021 01:24:14AM via free access ON THE SOVEREIGNTY OF INDONESIAN STATES: A REJOINDER s always I have read Professor Resink's recent essay on the Indonesian states 1 with great interest. Unfortunately, per- hapAs even more in this latest essay than in most of his other publi- cations, the narrowly focussed jurist, painstakingly gathering precedent, gets in the way of the more widely oriented historian, alert to the total pattern of historie forces and careful to consider the context of each utterance and action. The essay under discussion also contains (pp. 331—332, note 56) a reply to an earlier criticism,2 which I had already occasion to make of Resink's work, and so I may perhaps be permitted to cast this rejoinder in terms of a more comprehensive objection to the purport of Resink's latest paper. There are three points in Professor Resink's essay which, I think, require consideration and to which this rejoinder is addressed. First there is an interpretation of certain statements made by Margadant, Colijn, Verbeek, and others, which leads to the assertion (p. 332, note 56) that these statements question the principle of Dutch sover- eignty in the Indonesian archipelago, specifically in relation to the Indonesian states. Secondly, there is the analysis of how (what Resink calls) the "myth" of a three centuries long présence Nêerlandaise in Indonesia came into being, a process reflected in the work of Stapel and — implicit in Resink's view — further aided and abetted by that historian and others who in the 1930's, under the threat of international developments and of "communistic and nationalistic movements" (p. -
A Global Comparison of Non-Sovereign Island Territories: the Search for ‘True Equality’
Island Studies Journal, 15(1), 2020, 43-66 A global comparison of non-sovereign island territories: the search for ‘true equality’ Malcom Ferdinand CNRS, Paris, France [email protected] Gert Oostindie KITLV, the Netherlands Leiden University, the Netherlands [email protected] (corresponding author) Wouter Veenendaal KITLV, the Netherlands Leiden University, the Netherlands [email protected] Abstract: For a great majority of former colonies, the outcome of decolonization was independence. Yet scattered across the globe, remnants of former colonial empires are still non-sovereign as part of larger metropolitan states. There is little drive for independence in these territories, virtually all of which are small island nations, also known as sub-national island jurisdictions (SNIJs). Why do so many former colonial territories choose to remain non-sovereign? In this paper we attempt to answer this question by conducting a global comparative study of non-sovereign jurisdictions. We start off by analyzing their present economic, social and political conditions, after which we assess local levels of (dis)content with the contemporary political status, and their articulation in postcolonial politics. We find that levels of discontent and frustration covary with the particular demographic, socio- economic and historical-cultural conditions of individual territories. While significant independence movements can be observed in only two or three jurisdictions, in virtually all cases there is profound dissatisfaction and frustration with the contemporary non-sovereign arrangement and its outcomes. Instead of achieving independence, the territories’ real struggle nowadays is for obtaining ‘true equality’ with the metropolis, as well as recognition of their distinct cultural identities. -
Transformation of the Dualistic International Order Into the Modern Treaty System in the Sino-Korean Relationship
International Journal of Korean History (Vol.15 No.2, Aug.2010) 97 G Transformation of the Dualistic International Order into the Modern Treaty System in the Sino-Korean Relationship Song Kue-jin* IntroductionG G Whether in the regional or global scale, the international order can be defined as a unique system within which international issues develop and the diplomatic relations are preserved within confined time periods. The one who has leadership in such international order is, in actuality, the superpowers regardless of the rationale for their leading positions, and the orderliness of the system is determined by their political and economic prowess.1 The power that led East Asia in the pre-modern era was China. The pre- modern East Asian regional order is described as the tribute system. The tribute system is built on the premise of installation, so it was important that China designate and proclaim another nation as a tributary state. The system was not necessarily a one-way imposition; it is possible to view the system built on mutual consent as the tributary state could benefit from China’s support and preserve the domestic order at times of political instability to person in power. Modern capitalism challenged and undermined the East Asian tribute GGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGG * HK Research Professor, ARI, Korea University 98 Transformation of the Dualistic International Order into the ~ system led by China, and the East Asian international relations became a modern system based on treaties. The Western powers brought the former tributary states of China into the outer realm of the global capitalistic system. With the arrival of Western imperialistic powers, the East Asian regional order faced an inevitable transformation. -
Splitting Sovereignty: the Legislative Power and the Constitution's Federation of Independent States
Splitting Sovereignty: The Legislative Power and the Constitution's Federation of Independent States JAMES T. KNIGHT II* ABSTRACT From the moment the Constitutional Convention of 1787 ended and the Framers presented their plan to ªform a more perfect Union,º people have debated what form of government that union established. Had the thirteen sepa- rate states surrendered their independence to form a new state stretching from New England to Georgia, or was their individual sovereignty preserved as in the Articles of Confederation? If the states remained sovereign in some respect, what did that mean for the new national government? I propose that the original Constitution would have been viewed as establish- ing a federation of independent, sovereign states. The new federation possessed certain limited powers delegated to it by the states, but it lacked a broad power to legislate for the general welfare and the protection of individual rights. This power, termed ªthe legislative powerº by Enlightenment thinkers, was viewed as the essential, identifying power of a sovereign state under the theoretical framework of eighteenth-century political philosophy. The state constitutions adopted prior to the national Constitutional Convention universally gave their governments this broad legislative power rather than enumerate speci®c areas where the government could legislate. Of the constitutional documents adopted prior to the federal Constitution, only the Articles of Confederation provides such an enumeration. In this note, I argue that, against the background of political theory and con- stitutional precedent, a government lacking the full legislative power would not have been viewed as sovereign in its own right. -
Spread of Civilizations in East Asia: Tang & Song Dynasties
Spread of Civilizations in East Asia: Tang & Song Dynasties 500CE-1603CE NOTES Two Golden Ages After the Han dynasty (Wudi, Silk Road) collapsed in 220CE, China remained a divided land for about 400 years. During this period of division, China managed to escape the grim world that Western Europe was experiencing (plague, economic failures, etc.). Farm production in China expanded and technology slowly improved. Buddhism spread, while learning and the arts continued. Even Chinese cities survived despite invaders in the North, as the invaders would often adopt Chinese civilization rather than demolish it. Meanwhile, in the South, various Chinese dynasties rose and fell. THE TANG DYNASTY The first two Tang emperors were father (Li Yuan) and son (Li Shimin), but the son was the main force behind the dynasty. After time, Li Shimin, compelled his aging father to step down and took the throne himself, taking the name Tang Taizong. He was a brilliant general, government reformer, famous historian, and master of the calligraphy brush. He would eventually become the most admired of all Chinese emperors. The Tang Dynasty, under the leadership of Tang Taizong, carried empire building to greater heights, conquering territories deep into Central Asia, as far as present-day Afghanistan. Chinese armies forced neighboring lands of Vietnam, Tibet, and Korea to become tributary states. A tributary state is an independent state that has to acknowledge the supremacy of another state and pay tribute to its ruler. Therefore, while these states remained independent, their rulers had to acknowledge Chinese supremacy and send regular tribute to the Tang emperor. -
The Classification of States and the Creation of Status Within the International Community
The Classification of States and the Creation of Status within the International Community PetraMinnerop I. The Classification of "rogue states" by the United States II. Exclusion, Inclusion and the Emergence of Community 1. Society and Community: Different Conceptions of World Order 2. The International Society as a Legal Community 3. The Sovereign Equality of States as a Community Principle a. Intervention via Stigmatization? aa. A Right to Dignity? bb. Political Independence aaa. Defamation of States bbb . Exception to Immunity b. The Meaning of Sovereign Equality aa. The Equality of States as an Ideal bb. Safeguarding the Legal Capacities of States c. Discussion III. Hegemonic Law in the International Community? 1. Concepts of Hegemony a. The Historical Perspective aa. Differentiating between Leadership and Predominance bb. Legitimized Hegemony? b. The Current Debate aa. The Legitimacy of the Benign Hegemon bb. Effective Stability cc. Hegemonic International Law 2. Law Creation through Leadership and the Role of Reaction 3. The Stigmatization of States as a Concept of Leadership a. Defining the Community Interests b. Stigmatization as a Legal Argument c. The International Response to the Classification of "rogue states" IV. The Creation of Second-Rate Legal Status in International Law? 1. Pre-emptive Self-Defence against "rogue states" A. von Bogdandy and R. Wolfrum (eds.)., Max Planck Yearbook ofUnited Nations Law, Volume 7, 2003, 79-182. © 2003 Koninklijke Brill N. V. Printed in the Netherlands. 80 Max Planck UNYB 7 (2003) a. The New National Security Strategy b. The War against Iraq 2. Sanctions Regime against "state sponsors of terrorism" V. Conclusion I. The Classification of "rogue states" by the United States" Throughout the second half of the twentieth century the United States of America (henceforward: the United States) developed a number of multifarious terms for states to which it ascribed a high threat potential as regards the United States and international security. -
Working Paper 3 2016
Neo-FEDERALISM Working Paper Series 03/2016 Political Philosophy of Federalism Robert Schütze* Abstract Federalism has come to refer to the legal arrangements between territorially distinct political communities: modern states. Yet it is not one but three traditions of territorial federalism emerge in the modern era. In a first stage, the dogma of state sovereignty relegates the federal principle to purely international relations between sovereign states. (Con)federal unions are conceived as international organizations. By the end of the eighteenth century, this international format of the federal principle would be overshadowed by the (pre-civil-war) American tradition. In this second tradition, federalism comes to represent the middle ground between international and national organizational principles. This mixed format would, in turn, be qualified in the course of the nineteenth century, when a third tradition insisted on a purely national meaning of the federal principle. Federation here came to mean federal state. The meaning of the federal principle thereby differs in each theory; and depending which political philosophy one chooses, certain constitutional questions will arise. Keywords: federalism, America, constitutional law, pluralism http://www.federalism.eu/resources/working-paper-series/wp_3_16 © 2016 by the author Robert Schütze is Professor at Durham Law School; Co-Director – Global Policy Institute, Durham University, United Kingdom email [email protected] * Grateful acknowledgement is made to the European Research Council, which supported this entry (EU Framework Programme 2007-13: ERC Grant Agreement No.312304). 2 Table of Contents A. Introduction ...................................................................................................................................... 3 B. The ‘International’ Philosophy of Federalism ...................................................................... 4 1. Union of States in Early Modern International Law ....................................................... -
Condominum Arrangements in International Practice: Reviving an Abandoned Concept of Boundary Dispute Resolution
Michigan Journal of International Law Volume 29 Issue 4 2008 Condominum Arrangements in International Practice: Reviving an Abandoned Concept of Boundary Dispute Resolution Joel H. Samuels University of South Carolina School of Law Follow this and additional works at: https://repository.law.umich.edu/mjil Part of the Dispute Resolution and Arbitration Commons, International Law Commons, and the Property Law and Real Estate Commons Recommended Citation Joel H. Samuels, Condominum Arrangements in International Practice: Reviving an Abandoned Concept of Boundary Dispute Resolution, 29 MICH. J. INT'L L. 727 (2008). Available at: https://repository.law.umich.edu/mjil/vol29/iss4/3 This Article is brought to you for free and open access by the Michigan Journal of International Law at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of International Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. CONDOMINIUM ARRANGEMENTS IN INTERNATIONAL PRACTICE: REVIVING AN ABANDONED CONCEPT OF BOUNDARY DISPUTE RESOLUTION Joel H. Samuels* I. THE CONDOMINIUM IN HISTORICAL PERSPECTIVE ................... 732 A. The Experience of Condominium over Land ..................... 737 B . Water Condom inia............................................................. 753 II. CONDOMINIUM DISTINGUISHED ............................................... 758 A . Coim p erium ...................................................................... -
Tributary Trade and China's Relations with the West Author(S): J
Tributary Trade and China's Relations with the West Author(s): J. K. Fairbank Reviewed work(s): Source: The Far Eastern Quarterly, Vol. 1, No. 2 (Feb., 1942), pp. 129-149 Published by: Association for Asian Studies Stable URL: http://www.jstor.org/stable/2049617 . Accessed: 09/10/2012 18:50 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Association for Asian Studies is collaborating with JSTOR to digitize, preserve and extend access to The Far Eastern Quarterly. http://www.jstor.org TRIBUTARY TRADE AND CHINA'S RELATIONS WITH THE WEST J.K. FAIRBANK HarvardUniversity UNTIL a centuryago, China's foreign relations were suzerain-vassal relationsconducted through the ancient forms of thetributary system. This traditionalChinese basis fordiplomacy was finallyturned upside down by the "unequal" treatiesof the period1842-1858, but vestigesof the old Chineseway of dealingwith the barbarians survived much longer and today still forma considerablethough latent portion of the heritageof Chinese diplomats.It is ofcourse a truismthat tribute was notexactly what it seemed, and thatboth diplomacy and internationaltrade were conductedwithin the tributaryframework. The followingessay offers a preliminaryinterpretation of theorigin, function, and significanceof thisgreat Chinese institution.' CHINESE CULTURAL DOMINANCE IN EAST ASIA The tributarysystem was a naturalexpression of Chinesecultural ego- centricity.Ever since the bronzeage, when the civilizationof the Shang dynasty(c. -
Zar-O Zur: Gold and Force: Safavid Iran As a Tributary Empire
Chapter 2 Zar-o Zur: Gold and Force: Safavid Iran as a Tributary Empire Rudi Matthee Introduction The first decade of the twenty-first century saw a plethora of scholarly writings on the concept of empire and its historical manifestations. Pro- pelled by the terrible events of 9/11 and the overseas wars the United States launched in their wake, this renewed attention to an old state struc- ture introduced and sought to generalize the proposition that, despite its habitual denial-cum amnesia with regard to its status, America consti- tutes a latter-day global empire. Within half a decade, forced to keep pace with evolving events, the emerging discussion changed course to fasten onto the notion that, barely begun, the end of the American empire was already in sight, that America’s imperial decline had set in as soon as its imperial status culminated. Safavid Iran, with a lifespan of 221 years, might sound like a remote and unlikely homologue. Yet, with the caveat that time in the modern world is compressed, that developments playing out over a decade today might have taken a century or more in the past, the simile is, on second thought, perhaps not an unreasonable one: The Safavids, too, “declined” (and collapsed) soon after attaining their peak. That, at least, is one of the arguments I advanced in an article pub- lished in 2010 in which I posed the question of whether the Safavids - 35 - Rudi Matthee presided over an empire at all.1 The very question might seem strange, yet the reason for posing it was simple: In the traditional literature, -
Active Sovereignty Timothy Zick William & Mary Law School, [email protected]
College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 2007 Active Sovereignty Timothy Zick William & Mary Law School, [email protected] Repository Citation Zick, Timothy, "Active Sovereignty" (2007). Faculty Publications. 95. https://scholarship.law.wm.edu/facpubs/95 Copyright c 2007 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs ACTIVE SOVEREIGNTY TIMOTHY ZICK* INTRODUCTION If there was something "revolutionary" about the recent federalism era, it was the manner in which the Court spoke of the states.! When they entered the Union, the states were sometimes referred to as mere corporate forms. 2 In recent federalism precedents, by contrast, the Rehnquist Court routinely referred to the states as "sovereign."3 The Court bathed the states in sovereign glory, inveighing against various federal insults to the states' "dignity," "esteem," and "respect." 4 The states are treated now more like nations or persons; they have * Associate Professor of Law, St. John's University School of Law. I would like to thank John Barrett, Chris Borgen, Brian Tamanaha, and Nelson Tebbe for their helpful comments. I would also like to thank the participants at the "Federalism Past, Federalism Future" symposium, and the editors and staff of St. John's Journal of Legal Commentary. 1 See Stephen G. Gey, The Myth of State Sovereignty, 63 OHIO ST. L.J. 1601, 1601 (2002) (asserting that we are "in the midst of a constitutional revolution"). For reasons stated later, I believe "revolution" overstates matters; this Essay will refer to the "revival" of federalism.