RE-ENVISIONING SOVEREIGNTY Proof Copy Sampford.indb 1 24/01/2008 17:25:33 Proof Copy Sampford.indb 2 24/01/2008 17:25:33 Re-Envisioning Sovereignty The End of Westphalia? Edited by TRUDY JACOBSEN CHARLES SAMPFORD Griffith University, Australia and RAMESH THAKUR United Nation’s University, UK Proof Copy Sampford.indb 3 24/01/2008 17:25:34 © Trudy Jacobsen, Charles Sampford and Ramesh Thakur 2008 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. Trudy Jacobsen, Charles Sampford and Ramesh Thakur have asserted their moral right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work. Published by Ashgate Publishing Limited Ashgate Publishing Company Gower House Suite 420 Croft Road 101 Cherry Street Aldershot Burlington, VT 05401-4405 Hampshire GU11 3HR USA England Ashgate website: http://www.ashgate.com British Library Cataloguing in Publication Data To be added Library of Congress Cataloging-in-Publication Data To be added Proof Copy Sampford.indb 4 24/01/2008 17:25:34 Contents List of Tables and Figures ix List of Contributors xi Preface and Acknowledgements xiii List of Acronyms xv Introduction 1 Trudy Jacobsen, Charles Sampford and Ramesh Thakur 1 Part 1 Sovereignty as a Traditional and Emergent Concept 1 Fables of Sovereignty Wayne Hudson 19 2 Sovereignty Discourse and Practice – Past and Future Joseph Camilleri 33 3 The Guises of Sovereignty Gerry Simpson 51 Part 2 Sovereignty in International Perspective 4 Westphalian and Islamic Concepts of Sovereignty in the Middle East Amin Saikal 73 5 Whither Sovereignty in Southeast Asia Today? See Seng Tan 83 6 Ambivalent Sovereignty: China and Re-Imagining the Westphalian Ideal Yongjin Zhang 101 Part 3 Transcending State Sovereignty 1: Human and Global Security 7 Confronting Terrorism: Dilemmas of Principle and Practice Regarding Sovereignty Brian L. Job 119 Sampford.indb 5 24/01/2008 17:25:34 vi Re-Envisioning Sovereignty 8 Sovereignty in the Twenty-First Century: Security, Immigration and Refugees Howard Adelman 129 9 State Sovereignty and International Refugee Protection Robyn Lui 151 Part 4 Transcending State Sovereignty 2: Transnational Issues 10 Do No Harm: Towards a Hippocratic Standard for International Civilisation Neil Arya 171 11 Sovereignty and the Global Politics of the Environment: Beyond Westphalia? Lorraine Elliott 193 12 Westphalian Sovereignty in the Shadow of International Justice? A Fresh Coat of Paint for a Tainted Concept Jackson Nyamuya Maogoto 211 Part 5 Sovereignty and Development 13 Development Assistance and the Hollow Sovereignty of the Weak Roland Rich 14 Corruption and Transparency in Governance and Development: Reinventing Sovereignty for Promoting Good Governance C. Raj Kumar 251 15 Re-Envisioning Economic Sovereignty: Developing Countries and the International Monetary Fund Ross P. Buckley 267 Part 6 Reconceiving the State 16 Trust, Legitimacy and the Sharing of Sovereignty William Maley 287 17 Sovereignty as Indirect Rule Barry Hindess 301 18 Indigenous Sovereignty Paul Keal 315 Sampford.indb 6 24/01/2008 17:25:34 Contents vii 19 Civil Society and Sovereignty in a Post-Statist Circumstance Jan Aart Scholte 331 Conclusion Trudy Jacobsen 349 Index 359 Sampford.indb 7 24/01/2008 17:25:34 Sampford.indb 8 24/01/2008 17:25:34 List of Tables and Figures Table 6.1 Constitutional structures and fundamental institutions: a comparison between the traditional Chinese international system and modern European society of states 105 Figure 8.1 Sovereignty diagram 150 Sampford.indb 9 24/01/2008 17:25:34 Sampford.indb 10 24/01/2008 17:25:34 List of Contributors Professor Howard Adelman is Principal Research Fellow, Institute for Ethics, Governance and Law, Griffith University, Australia. Dr Neil Arya is a family physician in Waterloo, Ontario, an adjunct professor at the University of Waterloo in the Department of Environment and Resource Studies, an Assistant Clinical Professor in the Department of Family Medicine, Faculty of Health Sciences, and a lecturer in the Centre for Peace Studies at McMaster University. Professor Ross Buckley is a Professor in the Tim Fischer Centre for Global Trade and Finance at Bond University and is Program Leader of the Australia 21 research program, ‘Enhancing Australia’s Security, Stability and Prosperity in the 21st Century’. He is series editor of Kluwer’s Global Trade & Finance Series and has published widely. Professor Joseph Camilleri is Professor of International Relations at La Trobe University. Dr Lorraine Elliott is Reader in International Relations and Programme Director for the Graduate Diploma and MA in International Relations at the University of Warwick. She also holds a Senior Fellowship in the Department of International Relations at the Australian National University. Professor Barry Hindess is Professor in Political Science in the Research School of Social Sciences at the Australian National University. Professor Wayne Hudson is Chair of Philosophy, University of Tasmania. Dr Trudy Jacobsen is ARC Postdoctoral Fellow in Anthropology and the Centre of Southeast Asian Studies of the Monash Asia Institute. Professor Brian Job is a Professor of Political Science and the Director of the Centre for International Relations at the Liu Institute for Global Issues at the University of British Columbia. Dr Paul Keal is Senior Fellow and Acting Deputy Director of Studies, Graduate Studies in International Affairs, in the Department of International Relations, Research School of Pacific and Asian Studies at the Australian National University. Mr C. Raj Kumar is a Associate Professor in the School of Law at the City University of Hong Kong. Sampford.indb 11 24/01/2008 17:25:34 xii Re-Envisioning Sovereignty Dr Robyn Lui was a Research Fellow at the Key Centre for Ethics, Law, Justice and Governance at Griffith University. Professor William Maley, AM, is Director of the Asia-Pacific College of Diplomacy at the Australian National University. Dr Jackson Maogoto is a Lecturer in the School of Law at the University of Newcastle. Professor Amin Saikal is Director of the Centre for Arab and Islamic Studies and Professor of Political Science at the Australian National University. Professor Charles Sampford became the Foundation Dean of Law at Griffith University in 1991. He later became Director of the National Institute for Law, Ethics and Public Affairs, which was incorporated into the Key Centre of Ethics, Law, Justice and Governance at Griffith University. He is presently the Director of the Institute for Ethics, Governance and Law (IEGL), a joint initiative of the United Nations University, Griffith University, Queensland University of Technology and in association with Australian National University. He is also Convenor, ARC Governance Research Network and President, International Institute for Public Ethics. Professor Jan Aart Scholte is Professor in Politics and International Studies at the University of Warwick, and currently Acting Director of the Centre for the Study of Globalisation and Regionalisation at Warwick. Dr Gerry Simpson is a Senior Lecturer in the Law Department at the London School of Economics. Dr See Seng Tan is an Assistant Professor in the Institute of Defence and Strategic Studies and the Coordinator of the Multilateralism and Regionalism Programme at Nanyang Technological University, Singapore. Professor Ramesh Thakur is Distinguished Fellow at the Centre for International Governance Innovation and Professor of Political Science at the University of Waterloo in Canada and Adjunct Professor, Griffith University in Australia. Dr Yongjin Zhang is Head of the School of Asian Studies and Associate Professor in both Asian Studies and Political Studies at the University of Auckland. Sampford.indb 12 24/01/2008 17:25:34 Preface and Acknowledgements Sovereignty, as a concept, is in a state of flux. The multiplicities of meanings that states, international organisations, and other global actors have come to attach to the idea of sovereignty in the past century have worn away at traditional conceptualisations of what it constitutes; perhaps more significantly, the limitations of sovereignty have been altered as transnational issues compete with domestic concerns for precedence. Simultaneously, this more inclusive, global understanding of sovereignty has necessarily resulted in an incorporation of other perspectives of sovereignty not deriving from Western, post-Enlightenment scholarship. In a time of intense rivalry between secular and religious authority, can there be a consensus on sovereignty? Does post-secularism indeed spell the end of Westphalia? Or will traditional, Western theories of sovereignty prevail? These questions, among others, were addressed at a workshop entitled ‘The End of Westphalia? Re-Envisioning Sovereignty’, organised jointly by the Institute for Ethics, Governance and Law, Griffith University, and the Peace and Governance Programme at the United Nations University, which took place over three days in April 2005 at the Australian National University, Canberra. The initial papers presented at this workshop have been augmented and expanded to include feedback arising from discussion and subsequent dialogue before appearing in their final form as chapters in this book. The editors thank all those who participated in the workshop for their time, their