Geopolitical Anomalies: Exceptionalities and Regularities of International Politics A thesis submitted in partial fulfilment of the requirements for the Degree of Doctor of Philosophy in Political Science in the University of Canterbury by Lucas Knotter University of Canterbury 2016 1 Abstract As international law and legally recognised states have been generally taken as the primary structures and actors of international politics, polities without those legal rights and privileges have been subordinated as rather insignificant in international relations. Over the past few years, however, events in Ukraine, as well as in Iraq and Syria, have reminded us of the persistence of such unrecognised polities claiming a semblance of statehood in international politics. This thesis, therefore, contends that the abundance and tenacity of these unrecognised political entities suggests a reconsideration of purely “legal” notions of international political life. It employs the term “geopolitical anomalies” (McConnell 2009a; 2009b; 2010) – political entities without the recognised rights and privileges of legal states, but with state-like structures and manifestations nonetheless – to call for a more serious consideration of these “actual” political exercises in international relations. This concept of geopolitical anomalies is utilised as a signifier of the physical and spatial manifestations of a wide array of political communities that demonstrate the essential irregularity of the international legal and political system. By specifically focusing on the differences between conceptualisations of juridical (de jure) and material (de facto) of sovereignty, this thesis aims to demonstrate how geopolitical anomalies help us gain a clearer understanding of the differences between legal and normative power, material power relationships, and specific manifestations of de facto sovereign power. Utilising classical realist perspectives on the nature of de facto sovereignty, based in the ideas of Thomas Hobbes, Carl Schmitt, and Hans Morgenthau, this thesis argues that geopolitical anomalies are best understood as manifestations of exceptions and crises in international law and international politics. In order to shed light on these theoretical contentions, and draw out different aspects of the existence of geopolitical anomalies in international politics, two examples – Somaliland and Kosovo – are thoroughly examined in three chapters. This thesis concludes, subsequently, that in spite of persistent assumptions about the (trans)formative and regulatory capacity of international norms and legalities, precisely these assumptions are rebuked by geopolitical anomalies. As a consequence, any possible future vision for the dissolution of geopolitical anomalies from international politics will have to come to terms with its own exceptions. 2 3 Acknowledgements In any venture as expansive and time-consuming as a doctoral research, it is inevitably very difficult to devise a comprehensive overview of all those people towards whom a word of gratitude is warranted. Throughout the three-and-a-half years of study on this project, I have met countless inspiring individuals, engaged in compelling conversations, and lived unforgettable experiences, all of which helped me immensely towards bringing this research to a good end. Therefore, the words of acknowledgement uttered below are by no means conclusive, even if those that are explicitly expressed here are truly deserved. First of all, I would like to give praise to the country of Aotearoa New Zealand itself – a country founded on mutually divergent conceptions of sovereignty – whose natural and human wonders have brought me much joy (and sometimes amused bewilderment) in the time that I have lived here. Also, this research was carried out with the help the University of Canterbury Doctoral Scholarship, which proved literally crucial in keeping me alive throughout my studies. A big word of thanks should obviously also go out to my two PhD mentors. Doctor Scott Walker provided some necessary alternative viewpoints on some ideas and arguments of my research. I would like to express my deepest gratitude, however, to doctor Jeremy Moses. Not only did he prove an endlessly wise, dedicated, and supportive supervisor, I have also come to know him as a kind and amiable person. I hope our academic liaison will be extended more into the realms of friendship in times to come. Speaking of friendship, I cannot stress enough how much fun I have had with my many friends in Christchurch and elsewhere. I would like to particularly mention my postgraduate companions Sylvia Nissen, Geoff Ford, and Cassandra Mudgway, without whom my doctoral experience would have been much shorter, but also much less enjoyable. Their friendship, their wisdom, their ability to put things in perspective, and above all, their humour, played an immeasurable part in keeping me excited about my work. To my immediate family on the other side of the globe – Steven, Mélanie, and Jules – thank you so much for the many Skype conversations and photo-updates over the years! Finally, but most sincerely, I have to thank my parents, who from the furthest distance possible still managed to make me feel as if they had my back unconditionally. In that regard, the fact that they plan to sit through two 30-hour flights in order to attend my doctoral graduation ceremony is very telling. Any child blessed with such relentless love, encouragement, and understanding, would count himself a very, very, lucky kid. 4 5 Table of Contents Abstract ....................................................................................................................................... 2 Acknowledgements ..................................................................................................................... 4 Introduction – International Politics and Geopolitical Anomalies ................................................. 10 On Geopolitical Anomalies ................................................................................................................ 12 On Sovereignty .................................................................................................................................. 15 Geopolitical Anomalies and Classical Realism .................................................................................. 19 Research Objectives and Research Questions .................................................................................. 23 Methodology and Outline ................................................................................................................. 26 Chapter One – Places That Do Not Exist? Geopolitical Anomalies and Westphalian Sovereignty ... 34 The “Myth” of Westphalian Sovereignty .......................................................................................... 35 Places that Do Exist ........................................................................................................................... 38 De Facto Sovereignty and Westphalian Sovereignty .................................................................... 39 Territoriality and Westphalian Sovereignty .................................................................................. 43 Sovereignty in Contemporary International Political Discourse ....................................................... 47 Neorealism and Liberal Internationalism...................................................................................... 48 Constructivism and Critical Theory ............................................................................................... 51 Chapter Two – Sovereignty and International Law: A Route to Resolution? ................................. 58 Sovereignty and the International Legal System .............................................................................. 59 Contemporary International Law .................................................................................................. 60 The Nature of De Jure Sovereignty ............................................................................................... 62 A Reconceptualisation of De Jure Sovereignty? ........................................................................... 63 The Origins of De Jure Sovereignty ............................................................................................... 65 Territory, Law, and Discourse: Routes to Resolution? ...................................................................... 68 A Territorial Approach? ................................................................................................................. 69 A Juridical Approach? .................................................................................................................... 75 Changing the Discourse? ................................................................................................................... 79 Chapter Three – De Facto Sovereignty: Exceptionality and Regularity in International Politics ..... 84 De Facto Sovereignty as a Ladder ..................................................................................................... 86 Hobbes and De Facto Sovereignty ................................................................................................ 86 Schmitt and De Facto Sovereignty ................................................................................................ 88 Morgenthau and De Facto Sovereignty .......................................................................................