Small States, Islands and Small States That Are Also Islands
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Federal Systems and Accommodation of Distinct Groups: a Comparative Survey of Institutional Arrangements for Aboriginal Peoples
1 arrangements within other federations will focus FEDERAL SYSTEMS AND on provisions for constitutional recognition of ACCOMMODATION OF DISTINCT Aboriginal Peoples, arrangements for Aboriginal GROUPS: A COMPARATIVE SURVEY self-government (including whether these take OF INSTITUTIONAL the form of a constitutional order of government ARRANGEMENTS FOR ABORIGINAL or embody other institutionalized arrangements), the responsibilities assigned to federal and state PEOPLES1 or provincial governments for Aboriginal peoples, and special arrangements for Ronald L. Watts representation of Aboriginal peoples in federal Institute of Intergovernmental Relations and state or provincial institutions if any. Queen's University Kingston, Ontario The paper is therefore divided into five parts: (1) the introduction setting out the scope of the paper, the value of comparative analysis, and the 1. INTRODUCTION basic concepts that will be used; (2) an examination of the utility of the federal concept (1) Purpose, relevance and scope of this for accommodating distinct groups and hence the study particular interests and concerns of Aboriginal peoples; (3) the range of variations among federal The objective of this study is to survey the systems which may facilitate the accommodation applicability of federal theory and practice for of distinct groups and hence Aboriginal peoples; accommodating the interests and concerns of (4) an overview of the actual arrangements for distinct groups within a political system, and Aboriginal populations existing in federations -
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. -
Table 1 Comprehensive International Points List
Table 1 Comprehensive International Points List FCC ITU-T Country Region Dialing FIPS Comments, including other 1 Code Plan Code names commonly used Abu Dhabi 5 971 TC include with United Arab Emirates Aden 5 967 YE include with Yemen Admiralty Islands 7 675 PP include with Papua New Guinea (Bismarck Arch'p'go.) Afars and Assas 1 253 DJ Report as 'Djibouti' Afghanistan 2 93 AF Ajman 5 971 TC include with United Arab Emirates Akrotiri Sovereign Base Area 9 44 AX include with United Kingdom Al Fujayrah 5 971 TC include with United Arab Emirates Aland 9 358 FI Report as 'Finland' Albania 4 355 AL Alderney 9 44 GK Guernsey (Channel Islands) Algeria 1 213 AG Almahrah 5 967 YE include with Yemen Andaman Islands 2 91 IN include with India Andorra 9 376 AN Anegada Islands 3 1 VI include with Virgin Islands, British Angola 1 244 AO Anguilla 3 1 AV Dependent territory of United Kingdom Antarctica 10 672 AY Includes Scott & Casey U.S. bases Antigua 3 1 AC Report as 'Antigua and Barbuda' Antigua and Barbuda 3 1 AC Antipodes Islands 7 64 NZ include with New Zealand Argentina 8 54 AR Armenia 4 374 AM Aruba 3 297 AA Part of the Netherlands realm Ascension Island 1 247 SH Ashmore and Cartier Islands 7 61 AT include with Australia Atafu Atoll 7 690 TL include with New Zealand (Tokelau) Auckland Islands 7 64 NZ include with New Zealand Australia 7 61 AS Australian External Territories 7 672 AS include with Australia Austria 9 43 AU Azerbaijan 4 994 AJ Azores 9 351 PO include with Portugal Bahamas, The 3 1 BF Bahrain 5 973 BA Balearic Islands 9 34 SP include -
The Partition of the Gilbert and Ellice Islands W
Island Studies Journal , Vol. 7, No.1, 2012, pp. 135-146 REVIEW ESSAY The Partition of the Gilbert and Ellice Islands W. David McIntyre Macmillan Brown Centre for Pacific Studies Christchurch, New Zealand [email protected] ABSTRACT : This paper reviews the separation of the Ellice Islands from the Gilbert and Ellice Islands Colony, in the central Pacific, in 1975: one of the few agreed boundary changes that were made during decolonization. Under the name Tuvalu, the Ellice Group became the world’s fourth smallest state and gained independence in 1978. The Gilbert Islands, (including the Phoenix and Line Islands), became the Republic of Kiribati in 1979. A survey of the tortuous creation of the colony is followed by an analysis of the geographic, ethnic, language, religious, economic, and administrative differences between the groups. When, belatedly, the British began creating representative institutions, the largely Polynesian, Protestant, Ellice people realized they were doomed to permanent minority status while combined with the Micronesian, half-Catholic, Gilbertese. To protect their identity they demanded separation, and the British accepted this after a UN-observed referendum. Keywords: Foreign and Commonwealth Office; Gilbert and Ellis islands; independence; Kiribati; Tuvalu © 2012 Institute of Island Studies, University of Prince Edward Island, Canada Context The age of imperialism saw most of the world divided up by colonial powers that drew arbitrary lines on maps to designate their properties. The age of decolonization involved the assumption of sovereign independence by these, often artificial, creations. Tuvalu, in the central Pacific, lying roughly half-way between Australia and Hawaii, is a rare exception. -
Political Status and Development: the Implications for Australian Foreign Policy Towards the Pacific Islands
Political Status and Development: The Implications for Australian Foreign Policy Towards the Pacific Islands STEWART FIRTH SSGM DISCUSSION PAPER 2013/6 Introduction Table 2: Pacific Islands Freely Associated Entities Nine in every 10 Pacific islanders live in the independent countries of the region — Fiji, Kiribati, Entity External State Nauru, Papua New Guinea, Samoa, Solomon Federated States of Micronesia USA Islands, Tonga, Tuvalu, and Vanuatu. The remaining tenth — almost a million people in all — live in the Republic of the Marshall Islands USA territories and freely associated states, where formal Republic of Palau USA connections with a metropolitan state offer access Cook Islands New Zealand to its resources and opportunities. In different ways, Niue New Zealand and with different levels of devolution of power to local governments, eight of the Pacific island entities in the Pacific community are territories Geoff Bertram points out, a large body of evidence of external states, and a further five Pacific island now supports the view that there is ‘a negative entities are freely associated with an external state. association between sovereign independence and present-day per-capita income, indicating that Table 1: Pacific Islands Territories while decolonization may have brought political and psychological gains, it retarded rather than Territory External State advanced the material prosperity of the decolonized American Samoa USA populations. The reasons are straightforward: Commonwealth of the USA small island jurisdictions which are sub-national Northern Mariana Islands (that is, retain constitutional links to metropolitan Guam USA powers) get more financial assistance per head, better access for migrant labour, and a wide range New Caledonia France of jurisdiction-related opportunities to capitalize on French Polynesia France non-sovereign status’ (Bertram 2007, 239–40). -
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. -
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 ....................................................... -
The Position and the Role of Direct Democracy's Institutions in The
SA 201 AR 2 - - A E d C v N a E n c R e E d F R N e Advanced Research in Scientific Areas 2012 O s C e a L r A c h U T i n R I S V c - i e s n a t e i r f i c A December, 3. - 7. 2012 The position and the role of direct democracy’s institutions in the political system of Principality of Andorra Marcin Łukaszewski Faculty of Political Science and Journalism Adam Mickiewicz University Poznań, Poland [email protected] Abstract—The article is an attempt to answer the question about through a trilateral agreement, accession to the United Nations the role of institutions of direct democracy in Andorra. The and the Council of Europe, has changed this status. author points to a relatively unique situation in the modern European political systems that takes place in the Principality, The only forms of direct democracy in the Principality are where the number of referendums after the adoption of the currently referendum and popular legislative initiative. Before Constitution (which provides these institutions) is significantly 1993 the direct democracy was fulfilled in consultations carried smaller than the period prior to its adoption. The author also out by national referendums. In 1971 Andorrans expressed tries to answer the question about the reason for such poor use of support for the idea of equality in the electoral rights of direct democracy institutions in contemporary Andorra. women. In 1977 and 1978 Andorrans supported the plan of political and institutional reforms, which resulted in the great Andorra; direct democracy; referendum; citizens’ legislative reform in 1981. -
The UK Caribbean Overseas Territories, New Labour, and the Strengthening of Metropolitan Control Caribbean Studies, Vol
Caribbean Studies ISSN: 0008-6533 [email protected] Instituto de Estudios del Caribe Puerto Rico Clegg, Peter The UK caribbean overseas territories, new labour, and the strengthening of metropolitan control Caribbean Studies, vol. 34, núm. 1, enero-junio, 2006, pp. 131-161 Instituto de Estudios del Caribe San Juan, Puerto Rico Available in: http://www.redalyc.org/articulo.oa?id=39211247005 How to cite Complete issue Scientific Information System More information about this article Network of Scientific Journals from Latin America, the Caribbean, Spain and Portugal Journal's homepage in redalyc.org Non-profit academic project, developed under the open access initiative THE UK CARIBBEAN OVERSEAS TERRITORIES... 131 THE UK CARIBBEAN OVERSEAS TERRITORIES, NEW LABOUR, AND THE STRENGTHENING OF METROPOLITAN CONTROL Peter Clegg ABSTRACT The article analyses the complex and ever-evolving relationship between Britain and its Overseas Territories in the Caribbean. Links between Britain and its Territories have been shaped and determined by particular historical, constitutional, political and economic trends. For many years the relationship between the Territories and the UK was rather ad hoc—a situation that can be traced back to the compromises, fudges and deals char- acteristic of ‘pragmatic’ British colonial administration. More recently, however, there have been attempts by the Labour government in Britain to overcome the informal nature of the relationship and to develop a new partnership based on mutual obligations and responsibilities. The article describes the appli- cations of this more pro-active and coherent level of oversight and highlights how the principle of more forceful metropolitan control has taken hold. The article asserts that the Territories are now much more heavily integrated into the international system, having adopted either willingly or unwillingly a number of changes to their political, economic and social structures.