Conflicting Notions of National and Constitutional Sovereignty in the Discourses of Political Theory and International Relations: a Genealogical Perspective

Conflicting Notions of National and Constitutional Sovereignty in the Discourses of Political Theory and International Relations: a Genealogical Perspective Hideaki SHINODA submitted for the degree of Doctor of Philosophy at the London School of Economics and Political Science, University of London, November 1997 UMI Number: U615430 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U615430 Published by ProQuest LLC 2014. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 / f+rr-StLS r 7 5 0 6 Abstract This thesis presents unexplored aspects of the problematic notion of sovereignty, a major issue in ongoing theoretical debates in international relations. Deploying a 'genealogical' perspective, it clarifies the transformation of ideas of sovereignty which reflect political changes in domestic and international society. Focussing primarily on Anglo-American discourses, it explores the hidden conceptual struggles involved in theories of sovereignty by illuminating its encounter with nationalism and constitutionalism. The national and constitutional forms of sovereignty are used to trace the trajectories of concepts of sovereignty in the fields of political, legal and international studies. This thesis opens with an explication of the genealogical tools derived from Nietzsche and Foucault and a survey of existing accounts of sovereignty within the international relations literature. The historical research begins by identifying the nature of notions of sovereignty within 'constitutional' traditions in seventeenth and eighteenth century Britain and America. After looking into major Continental theories of national sovereignty in the nineteenth century, the thesis examines the rise of nationalistic theories of state-sovereignty in nineteenth century Britain and America. This thesis argues that a strong strand of'international constitutionalism' appeared as a result of the Anglo-American victory over Germany in the First World War. In consequence, during the initial inter-war period sovereignty was understood as a principle compatible with 'the international rule of law'. The thesis then explores the dramatic decline of this tendency in the thirties which eventually led to the intrusion of national sovereignty in tandem with the rise of political realism. In the midst of the Cold War and the processes of decolonisation, vigorous advocates of national sovereignty in socialist and Third World countries pushed Anglo-American intellectuals to abandon projects of international constitutionalism in the final quarter of this century. It argues that while old-fashioned international constitutionalism based on an anthropomorphic domestic analogy is no longer valid, it is possible to identify in academic debates and political practices values of constitutionalism such as the protection of human rights which are compatible with international society and the concept of sovereignty. 2 Acknowledgement I could not have completed this PhD thesis without the environment I enjoyed for four years. First of all, my supervisor, Mr Mark Hoffman, was a great reader of my drafts and always helped me to develop ideas for this thesis. Although every error, imprecise expression and premature argument are mine only, this thesis is a joint work to which Mark contributed his enormous academic capacity. I do not know how to fully express my greatest gratitude to him. I also wish to acknowledge helpful discussion with academic staffs at the LSE and other British institutions including Mr Michael Banks, Professor Christopher Hill, Mr John Hoffman, Dr Hidemi Suganami, Dr William Wallace, Professor Shozo Iizima and Professor Hideki Ohata who kindly made comments on my thesis or other works relating to it. I also thank 'Post International Group' at Aberystwyth and 'Critical International Theories Group' of BIS A for giving me opportunities to present my ideas of several topics in this thesis. The writing of this thesis was made possible largely by grants from Ito International Education Exchange Foundation in Japan which supported me for the first two years in London. I am also indebted to Overseas Research Student Awards which helped me to continue my study in the ideal environment in London. This thesis owes much to institutions in London including the British Library of Political and Economic Science and the British Library. In particular, I shall never forget the stuff of the British Library whose contribution to this thesis is invisible but incredible. Some of them looked with curiosity or even suspicion at an Asian boy who delved into old books. Others were very kind and friendly to the PhD student who kept coming to the Library for years to stay from morning till night. But I know that there are still many whom I have not seen but certainly delivered to me the materials which constitute this thesis. Finally, I wish to thank my family and friends who have warmly supported me. I believe that without such people anyone would not finish this type of work. This thesis should first be devoted to them. 3 Table of Contents Introduction Genealogy as Methodology State Sovereignty and Modernity The Foucauldian Diachronic Perspective The Nietzschean Synchronic Perspective 1. Classical Constitutional Notions of Sovereignty Discourses on Sovereignty in Revolutionary England The Development of Constitutional Sovereignty in Britain International Sovereignty in the Classical Age Discourses of Constitutional Sovereignty in America 2. National Theories of Sovereignty on the Continent The Emergence of National Sovereignty Sovereignty of the Nation-State 3. The Spread of National Sovereignty in Britain Sovereignty in the Laissez Faire Age Domestic Sovereignty in the Imperial Age Discourses on Sovereignty in International Law in Britain 4. The Spread of National Sovereignty in America Debates about Sovereignty around the Time of the Civil War The Emergence of American Conception of National Sovereignty Discourses on Sovereignty in International Law in America 5. The Rise of International Constitutionalism Sovereignty in the Anglo-American Debate on the League of Nations Sovereignty in the League Debate in Britain Sovereignty in the League Debate in America Wilson and Lansing 6. The Collapse of International Constitutionalism Continental Theories of Sovereignty in the Interwar Period Discourses on Sovereignty in Interwar Britain 4 Discourses on Sovereignty in Interwar America 7. The Containment and the Formalisation of Sovereignty The Revival of Constitutional Sovereignty The Counterattack of Political Realism From Limited to Formal Sovereignty 8. Sovereign Equality and National Sovereignty in Communist and Third World Countries The Principle of Sovereign Equality Discourses on Sovereignty in Socialist States Discourses on Sovereignty of the Third World 9. Towards New Constitutional Sovereignty Sovereignty in International Society Sovereignty in Structures and Regimes The Demarcation of the Sovereign Sphere Conclusions 5 Introduction In the contemporary international system it is difficult to find a political notion more controversial than sovereignty. Since the end of the Cold War, the concept of sovereignty has been identified as a central issue by scholars as well as practitioners. This is because sovereignty is the very principle upon which international relations have long been based. Once international relations begin to change, the concept of sovereignty soon reflects new courses in international relations. At the turn of the millennium, the sense of a historic change has demanded a renewed interest in sovereignty. It is widely argued that the concept of sovereignty is seriously challenged in present international society. The traditional international system, which is usually characterised as a 'Westphalian' state-centric system, has been in transition. The globalisation of the market economy, the expansion of the activities of international institutions, the development of high technologies, the conflicts of minorities with central governments and the growing concern about human rights are often mentioned as examples which indicate the demise of state sovereignty. Since the end of the Cold- War, while the same set of values based upon liberal democracy has spread all over the world, national boundaries of nation-states seem to have become more and more artificial. It was almost impossible during the Cold War to imagine international operations like the Gulf War and the following intervention for the protection of the Kurds and the Shiites in Northern Iraq. Multinational interventions under the authority of the United Nations took place in Somalia and Haiti as well. It is difficult to apply a textbook theory of sovereignty to Cambodia in the period when the United Nations Transitional Authority in Cambodia supervised and controlled Cambodian administrations. The setting up of the international tribunals for the former Yugoslavia and Rwanda might be considered as violations of state sovereignty. It is claimed that the concept of sovereignty is, if not disappearing,

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