Sovereignty, Law, and Capital in the Age of Globalization by Kevin B. Sobel-Read Department of Cultural Anthropology Duke Univer
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Sovereignty, Law, and Capital in the Age of Globalization by Kevin B. Sobel-Read Department of Cultural Anthropology Duke University Date:_______________________ Approved: ___________________________ William M. O’Barr, Supervisor ___________________________ Anne Allison ___________________________ John Conley ___________________________ Michael Hardt ___________________________ Orin Starn Dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Cultural Anthropology in the Graduate School of Duke University 2012 ABSTRACT Sovereignty, Law, and Capital in the Age of Globalization by Kevin B. Sobel-Read Department of Cultural Anthropology Duke University Date:_______________________ Approved: ___________________________ William M. O’Barr, Supervisor ___________________________ Anne Allison ___________________________ John Conley ___________________________ Michael Hardt ___________________________ Orin Starn An abstract of a dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Cultural Anthropology in the Graduate School of Duke University 2012 Copyright by Kevin B. Sobel-Read 2012 ABSTRACT This dissertation offers a comprehensive model of contemporary nation-state sovereignty. To do so, it examines the mutually constitutive relationship between sovereignty and present-day globalization as well as the role of law and capital in creating, maintaining, and driving that relationship. The scholarly treatment of nation-state sovereignty has so far been inadequate for several reasons. Older theories of sovereignty could not have foreseen the unprecedented technological advances that underlie our current system and therefore do not sufficiently explain it. More recent theories of sovereignty, in turn, tend to be too narrowly focused, such that a given model of sovereignty often only applies to that particular condition. Furthermore, the academic literatures on sovereignty and nationalism, while occasionally referencing each other, have failed to recognize that the two phenomena are parts of the same whole and therefore must be more fully integrated. This dissertation argues that a comprehensive model of contemporary nation- state sovereignty must include two symbiotic elements. The first, referred to here as emotional sovereignty , involves subjective relationships with the state. As such, the substance of this element is unique for each group. The second element is a functional/instrumental element. It addresses ways that the sovereignty serves as an interface-mechanism with other sovereignties, like compatible nozzles attaching and linking variously-sized hoses. It likewise explains how sovereignty functions as a value-maximization mechanism. In short, a sovereignty must control its relationships iv with others in order to accumulate as much capital as possible in order to protect and perpetuate aspects of the domestic culture that are deemed most valuable. This functional/instrumental element, while used in distinct ways by different groups, is largely identical in form among all states. From these multiple angles it becomes evident that nation-state sovereignty is not one single power but instead a set of powers, such that each power entails a strategic option that can be negotiated, delegated, mortgaged, or surrendered. Nation- state sovereignty is therefore rendered meaningful only in connection with other nation-state sovereignties; in the contemporary situation, this means globalization. Sovereignty is, after all, an ad hoc solution to a particular set of historically and contextually emerging dilemmas; as the dilemmas have continued to change, so have the solutions. And so although people, goods, and ideas have always flowed across borders, whether geographic or cultural, the speed, nature, and extent of all such movement in the contemporary age is unprecedented. Today, all sovereignties – across the globe – are connected in diverse and manifold ways. This dissertation therefore provides a model of globalization that goes beyond the simple movement of people, goods, capital, and ideas to explain the conceptual transformations that have made today’s globalization possible; the processes that drive it; and the role of the nation-state, and in particular nation-state sovereignty, as a necessary component of globalization itself. The dissertation integrates these theories of sovereignty and globalization to show how the connections created by systems of nation-state law serve as the v framework for many of the core processes of globalization, while flows of capital within and enabled by that framework fuel those processes. It shows that there are at least three important aspects of this relationship between sovereignty, globalization, law, and capital: First, because of the connections of law, capital, and labor, every state is implicated in the production of every good, a phenomenon here referred to as co-production . Together with the co-consumption of those goods, co-production is the driving force behind globalization; as such, one can likewise say that nation-states co-produce globalization itself through the legal regulation of the movement of capital and individuals. Second, nation-states remain the central structural machinery of globalization. Third, globalization is not uniform. To be sure, the effects of globalization have transformed every culture on the planet and capitalism has been the vehicle for doing so. But just as not all cultures are the same, all capitalisms are not the same either. No model of sovereignty and globalization is therefore complete without a mechanism for accounting for differences in culture and capitalism. The research that is the foundation for this dissertation was undertaken primarily in the South Pacific region, focusing on Cook Islanders in the Cook Islands, New Zealand, and Australia. Methods included participant observation, legal and documentary research, as well as informal and semi-structured interviews. vi Dedication This dissertation is dedicated to Ali, Nolan, and Tavake-Tessa, whose love and support made possible every moment of research, and every word therefrom, drawn in motion, and written into these pages. vii Table of Contents Abstract iv Acknowledgements xii Preface xviii Chapter 1 Framing the Research 1 Introduction 1 Literature Review 7 Overview of Chapters 45 Chapter 2 Te Tangata, Te Tangata, Te Tangata 46 The Cook Islands 46 Fieldwork and Methods 52 Cook Islanders in New Zealand 60 Reasons for, and Consequences of, Outmigration 67 Cook Islanders in Australia 74 Conclusions 76 Chapter 3 Sovereignty 78 Introduction 78 A First Step: What is Nation-State Sovereignty? 83 The Emotional Component of Sovereignty 84 Fault Lines: the Growing Pains of Nation- Building 87 Articulations of Emotional Sovereignty 96 Many Voices, One Sovereignty 101 “When the All Blacks win, we’re all Kiwis”: One Sovereignty, Multiple Allegiances 101 Hinges 102 viii The Functional/Instrumental Side of Sovereignty 103 Sovereignty as Interface Mechanism 107 The Visible Doorway: Customs and Immigration 109 Tourism: the Core of the Cook Islands Economy 111 National Dreams and the Regulation of Off- Shore Banking and Related Industries 118 Looking Toward the Future: Seabed Mining 122 Interface Mechanism: a Few Final Examples 125 Sovereignty as Value-Maximization Mechanism 126 Land Tenure Rules: State Regulation in Support of Cultural Norms 128 Tourism: A Delicate Balance 131 Symbiosis 134 Conclusions 136 Intersections 137 Chapter 4 Globalization 140 Introduction 140 A Definition and a Mode of Analysis 142 The Nation-State 146 The Obligatory Form of the State 146 The Function of the State 147 The Movement of People 160 The Outward Movement of Cook Islanders 160 Movement to the Cook Islands 166 ix The Movement of Goods and Capital 170 The Individual 175 The Ingested, Embodiment of Globalization 175 The Integrated Presence and Use of Globalized, Co-Produced Products 176 The Individual’s Sense of a Globalized Self; the Simultaneity of Globalization 177 Tying Together the Above Three Elements of Globalization in Three Simple Letters: KFC 187 Conclusions 191 Chapter 5 Sovereignty, Globalization, Law, and Capital 193 Introduction 193 Contemporary Globalization has been Made Possible by: Fungibility 194 Capital 196 Law 197 Social Fungibility 202 The Generating Force Driving Globalization: Global Co-Production (and Global Co-Consumption) 208 Structural Machinery: the Central Role of the Nation- State in Maintaining Globalization 214 Cultural Differences Remain Essential: One Globalization, Multiple Capitalisms 219 Sovereignty in the Global Age: the Pukapukan Experience 231 Additional Comments 238 First . a Sports Analogy 238 Conclusion 246 x Chapter 6 Conclusion 249 Chapter Overview 249 Summaries and Discussion 249 Practical Value and Areas for Further Inquiry 264 A Few Further Comments on the Law 268 A Few Further Comments on Anthropology 271 Gratitude, Well-Wishes, and a Lingering Refrain 276 References 278 Biography 289 xi Acknowledgements This dissertation is not only for Ali, Nolan, and Tavake-Tessa because I love them so, it is also because of them. Their patience has been endless, their inspiration and encouragement unfaltering, and their love undeterred by the busy schedules, highs and lows, and uncountable sacrifices that have made up these past few years. Indeed, such is the case that every year of graduate school, every book read and paper written, and for