Edification from the Andorran Model: A
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Condominiums and Shared Sovereignty | 1
Condominiums and Shared Sovereignty | 1 Condominiums And Shared Sovereignty Abstract As the United Kingdom (UK) voted to leave the European Union (EU), the future of Gibraltar, appears to be in peril. Like Northern Ireland, Gibraltar borders with EU territory and strongly relies on its ties with Spain for its economic stability, transports and energy supplies. Although the Gibraltarian government is struggling to preserve both its autonomy with British sovereignty and accession to the European Union, the Spanish government states that only a form of joint- sovereignty would save Gibraltar from the same destiny as the rest of UK in case of complete withdrawal from the EU, without any accession to the European Economic Area (Hard Brexit). The purpose of this paper is to present the concept of Condominium as a federal political system based on joint-sovereignty and, by presenting the existing case of Condominiums (i.e. Andorra). The paper will assess if there are margins for applying a Condominium solution to Gibraltar. Condominiums and Shared Sovereignty | 2 Condominium in History and Political Theory The Latin word condominium comes from the union of the Latin prefix con (from cum, with) and the word dominium (rule). Watts (2008: 11) mentioned condominiums among one of the forms of federal political systems. As the word suggests, it is a form of shared sovereignty involving two or more external parts exercising a joint form of sovereignty over the same area, sometimes in the form of direct control, and sometimes while conceding or maintaining forms of self-government on the subject area, occasionally in a relationship of suzerainty (Shepheard, 1899). -
Society for Spanish and Portuguese Historical Studies Organization
Society for Spanish and Portuguese Historical Studies Founded in1969 to promote research in all aspects and epochs of Iberian history, the Society for Spanish and Portuguese Historical Studies conducts annual meetings, provides a forum for scholars of Iberian Affairs, and publishes this Bulletin each spring and fall. Annual Membership Dues Students $7.00 U.S. Members $20.00 Overseas Members $23.00 Institutions $25.00 All information concerning membership should be addressed to the Membership Secretary: Andrew Lee, 310 First Street, Westfield, NJ 07090 <[email protected]>. ORGANIZATION OFFICERS Ida Altman (2008) GENERAL SECRETARY Department of History University of Florida Jodi Bilinkoff (2008) Margaret Greer (2009) EXECUTIVE COMMITTEE University of North Carolina, Greensboro Duke University Maria Antonia Carmona Ruiz (2008) Sandie Holguin (2009) Universidad de Sevilla University of Oklahoma Lu Ann Homza (2008) Rita Costa Gomes (2008) College of William and Mary Towson University Editor of the Bulletin Membership Secretary (Ex officio) (Ex officio) Daniel A. Crews Andrew Lee University of Central Missouri New York University Web Editors (Ex officio) James D'Emilio University of South Florida Ana Varela University of California, San Diego James Tueller (2009) Rowena Hernández-Múzquiz (2008) NOMINATING Brigham Young University Hawaii Ohio Wesleyan University COMMITTEE Michael Levine (2010) University of Akron 1 The SSPHS Bulletin GENERAL EDITOR Daniel A. Crews Department of History and Anthropology University of Central Missouri Book Review Editors Spanish History Portuguese History Marta Vicente, Rita Costa Gomes, History Department History Department University of Kansas Towson University Ruth MacKay, San Francisco, CA Production Editors Print Copy Electronic Copy Constance Mathers, Holly Davenport, Ashland, VA Coordinator Technical Projects University of Central Missouri The SSPHS Bulletin is published two times each year and is distributed to the members of the Society. -
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. -
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. -
US Responses to Self-Determination Movements
U.S. RESPONSES TO SELF-DETERMINATION MOVEMENTS Strategies for Nonviolent Outcomes and Alternatives to Secession Report from a Roundtable Held in Conjunction with the Policy Planning Staff of the U.S. Department of State Patricia Carley UNITED STATES INSTITUTE OF PEACE CONTENTS Key Points v Preface viii 1 Introduction 1 2 Self-Determination: Four Case Studies 3 3 Self-Determination, Human Rights, and Good Governance 14 4 A Case for Secession 17 5 Self-Determination at the United Nations 21 6 Nonviolent Alternatives to Secession: U.S. Policy Options 23 7 Conclusion 28 About the Author 29 About the Institute 30 v refugees from Iraq into Turkey heightened world awareness of the Kurdish issue in general and highlighted Kurdish distinctiveness. The forma- tion in the 1970s in Turkey of the Kurdistan Workers Party, or PKK, a radical and violent Marxist-Leninist organization, also intensified the issue; the PKK’s success in rallying the Kurds’ sense of identity cannot be denied. Though the KEY POINTS PKK has retreated from its original demand for in- dependence, the Turks fear that any concession to their Kurdish population will inevitably lead to an end to the Turkish state. - Although the Kashmir issue involves both India’s domestic politics and its relations with neighbor- ing Pakistan, the immediate problem is the insur- rection in Kashmir itself. Kashmir’s inclusion in the state of India carried with it provisions for considerable autonomy, but the Indian govern- ment over the decades has undermined that au- tonomy, a process eventually resulting in - Though the right to self-determination is included anti-Indian violence in Kashmir in the late 1980s. -
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 ....................................................... -
Maquetación 1
Els correus a Andorra, una història inacabada: 147-154 (2009) Papers de Recerca Històrica volum 6 (Societat Andorrana de Ciències) DOI: 10.2436/20.0110.03.20 ISBN: 978-99920-61-04-6 A R T I C L E P El rei rus d’Andorra: fantasies i fets Papers Dr. Alexander Kaffka (Moscou, Rússia). 1 de recerca hi6stòrica Resums Català Castellano Français English El rei rus d’Andorra: fantasies i fets. El rey ruso de Andorra: fantasías y Le roi russe d’Andorre: de simples fantai - The Russian king of Andorra: fantasies La història de Borís Skossyreff, que va hechos. sies et des faits réels. and facts. ser proclamat monarca d’Andorra La historia de Boris Skossyreff, que fue L’histoire de Boris Skossyreff, qui fut pro - The story of Boris Skossyreff, who was l’any 1934, ens pot semblar una aven - proclamado monarca de Andorra en el clamé roi d’Andorre en 1934 peut nous proclaimed as monarch of Andorra in tura romàntica. Tanmateix, poc s’ha año 1934, nos puede parecer una paraître une aventure romantique. 1934, sounds like a romantic adventu - fet fins ara per distingir entre la ficció aventura romántica. Sin embargo, Cependant peu a été fait jusqu’à présent re. However, little has been done so far i la realitat. L’objectiu d’aquest article poco se ha hecho hasta ahora para pour distinguer entre la fiction et la réali - to distinguish between the fiction and és dibuixar una línia clara entre els fets distinguir entre la ficción y la realidad. té. L’objectif de cet article est de dessiner the reality. -
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 ...................................................................... -
Country Coding Units
INSTITUTE Country Coding Units v11.1 - March 2021 Copyright © University of Gothenburg, V-Dem Institute All rights reserved Suggested citation: Coppedge, Michael, John Gerring, Carl Henrik Knutsen, Staffan I. Lindberg, Jan Teorell, and Lisa Gastaldi. 2021. ”V-Dem Country Coding Units v11.1” Varieties of Democracy (V-Dem) Project. Funders: We are very grateful for our funders’ support over the years, which has made this ven- ture possible. To learn more about our funders, please visit: https://www.v-dem.net/en/about/ funders/ For questions: [email protected] 1 Contents Suggested citation: . .1 1 Notes 7 1.1 ”Country” . .7 2 Africa 9 2.1 Central Africa . .9 2.1.1 Cameroon (108) . .9 2.1.2 Central African Republic (71) . .9 2.1.3 Chad (109) . .9 2.1.4 Democratic Republic of the Congo (111) . .9 2.1.5 Equatorial Guinea (160) . .9 2.1.6 Gabon (116) . .9 2.1.7 Republic of the Congo (112) . 10 2.1.8 Sao Tome and Principe (196) . 10 2.2 East/Horn of Africa . 10 2.2.1 Burundi (69) . 10 2.2.2 Comoros (153) . 10 2.2.3 Djibouti (113) . 10 2.2.4 Eritrea (115) . 10 2.2.5 Ethiopia (38) . 10 2.2.6 Kenya (40) . 11 2.2.7 Malawi (87) . 11 2.2.8 Mauritius (180) . 11 2.2.9 Rwanda (129) . 11 2.2.10 Seychelles (199) . 11 2.2.11 Somalia (130) . 11 2.2.12 Somaliland (139) . 11 2.2.13 South Sudan (32) . 11 2.2.14 Sudan (33) .