What constitutes the sovereign state?

Review of International Studies

Volumn 22, Issue 4, 1996, Pages 381-404

  Fowler, Michael Ross ^a   Bunck, Julie Marie ^a  

^a NONE

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EID: 0030491384     PISSN: 02602105     EISSN: None     Source Type: Journal    
DOI: 10.1017/s0260210500118637     Document Type: Article

References (138)

1. Alan James, Sovereign Statehood: The Basis of International Society (London, 1986), p. 20. James further observed: 'It is indeed remarkable that there has been a widespread failure by writers on international relations to ask . . . [what it is about a sovereign state which enables it to participate in the international system alongside others of its kind]. For it is in a very real sense the most basic [question] which can be asked about their subject.'
2. 'Question of American Samoa, Bahamas, Brunei, Cayman Islands, Cocos (Keeling) Islands, Gilbert and Ellice Islands, Guam, Montserrat, New Hebrides, Pitcairn, St. Helena, Seychelles, Solomon Islands, Turks and Caicos Islands and the United States Virgin Islands', United Nations Resolutions: Resolutions of the General Assembly, ser. 1, vol. 13, 1970-1, pp. 180, 459-60.
3. The ten square miles that make up the South Pacific microstate of Tuvalu (formerly the Ellice Islands in the Gilbert and Ellice chain) are at their highest point only three feet above sea level. Conceivably, a typhoon could submerge the entire sovereign state of 9,000 people.
4. One authority went so far as to note: 'In the world as we know it in the 1990s, no fact about states is more obvious than the impermanence of their boundaries.' Ian S. Lustick, Unsettled States, Disputed Lands: Britain and Ireland, France and Algeria, Israel and the West Bank-Gaza (Ithaca, NY, 1993), p. 1.
5. See Quincy Wright, The Existing Legal Situation as it Relates to the Conflict in the Far East (New York, 1939), p. 45 n.1.
6. See ibid., pp. 178-9, 199. The Kurdish nation is comprised of 16-20 million people.
7. The wealthy island of Nauru encompasses eight square miles and contains a population of about 8,400. Although the smallest republic in the world, Nauru has parlayed its extraordinary deposits of phosphate to become one of the richest per capita states. About 45,000 people live on St Kitts and Nevis, the least populated sovereign state in the Western Hemisphere. For an account of the problems St Kitts has faced in having Great Britain respect its sovereignty, see Francis Alexis, 'British Intervention in St. Kitts', New York University Journal of International Law and Politics, 16 (1983-4), pp. 581-600.
8. Dr Muhammad Iqbal proposed the creation of a separate state for Muslims in 1930, only seventeen years before the British transferred sovereignty to India and Pakistan.
9. See Hurst Hannum, Autonomy, Sovereignty, and Self-Determination: The Accommodation of Conflicting Rights (Philadelphia, PA, 1990), p. 327.
10. In disputing the independence of Mauritania, Moroccan diplomat Ben Aboud argued: 'The population of that area does not even know the word "Mauritania." If you tell a Bedouin of so-called Mauritania that you are in Mauritania, he will not understand what you are talking about.' Thomas M. Franck, 'The Stealing of the Sahara', American Journal of International Law, 70 (1976), p. 694, n.5.
11. For a different approach to this issue see Barry Buzan, People, States, and Fear: The National Security Problem in International Relations (Chapel Hill, NC, 1983), pp. 40-1.
12. See Inis L. Claude, Jr, 'The Tension Between Principle and Pragmatism in International Relations', Review of International Studies, 19 (1993), pp. 215-26.
13. See Robert H. Jackson and Carl G. Rosenberg, 'Why Africa's Weak States Persist: The Empirical and Juridical in Statehood', World Politics, 35 (1982), p. 1.
14. See James, Sovereign Statehood, pp. 13-15.
15. In 1577 in Six livres de la république, Jean Bodin, perhaps the first recognized authority on sovereignty, noted that sovereignty has internal and external dimensions. See Ingrid DeLupis, International Law and the Independent State (New York, 1974), p. 3. For a recent translation of Bodin's chief work on sovereignty see Jean Bodin, On Sovereignty: Four Chapters From the Six Books on the Commonwealth, ed. and tr. Julian H. Franklin (New York, 1992).
16. In 1577 in Six livres de la république, Jean Bodin, perhaps the first recognized authority on sovereignty, noted that sovereignty has internal and external dimensions. See Ingrid DeLupis, International Law and the Independent State (New York, 1974), p. 3. For a recent translation of Bodin's chief work on sovereignty see Jean Bodin, On Sovereignty: Four Chapters From the Six Books on the Commonwealth, ed. and tr. Julian H. Franklin (New York, 1992).
17. Martin Wight, Systems of States, ed. Hedley Bull (Leicester, 1977), p. 30.
18. See Article 1(2) of the Covenant of the League of Nations. The Covenant of the League of Nations (New York, 1936), p. 2.
19. Hedley Bull, The Anarchical Society (London, 1977), pp. 8-9.
20. F. H. Hinsley, Sovereignty (New York, 1966), p. 26.
21. Black's Law Dictionary: Definitions of Terms and Phrases of American and English Jurisprudence, Ancient and Modern (5th edn rev., St Paul, MN, 1979), p. 1,252.
22. Inis Claude observed: 'Most people are addicted to the overstatement of their favorite propositions, the exaggeration of the scope of their generalizations. We say "always" when we mean "sometimes," and "certainly" when we mean "perhaps"; we tend to convert conditional thoughts into absolute standards.' Claude, Tension', p. 219.
23. Charles Burton Marshall, The Exercise of Sovereignty: Papers on Foreign Policy (Baltimore, MD, 1965), p. 4.
24. Raymond Aron, Peace and War: A Theory of International Relations, tr. Richard A. Howard and Annette Baker-Fox (New York, 1967), p. 746.
25. Ibid., p. 739. James likewise claimed: 'What sovereignty refers to . . . . is the presence, within a governed community, of supreme legal authority - so that such a community can be said to possess sovereignty, or to be sovereign, if it does not look beyond its own borders for the ultimate source of its own legitimacy.' James, Sovereign Statehood, p. 3.
26. Ibid., p. 739. James likewise claimed: 'What sovereignty refers to . . . . is the presence, within a governed community, of supreme legal authority - so that such a community can be said to possess sovereignty, or to be sovereign, if it does not look beyond its own borders for the ultimate source of its own legitimacy.' James, Sovereign Statehood, p. 3.
27. Aron, Peace and War, p. 739 (italics in original).
28. The newly independent states first pressed this course of action in the United Nations and obtained a series of sweeping declarations against colonialism. See Inis L. Claude, Jr, The Changing United Nations (New York, 1967), pp. 96-7.
29. United States v. Rice, 15 US (4 Wheat.) 391, 392 (1819). See also Keene v. McDonough, 33 US (8 Pet.) 110, 113 (1834) (decree of Spanish court in Louisiana held binding, after date at which Louisiana was ceded to the United States, but before delivery of possession). But see Davis v. Policy Jury of the Parish of Concordia, 50 US (9 How.) 139, 148 (1850) (exclusive ferry franchise, granted by Spanish governor held void since, prior to delivery, the ceding state cannot exercise sovereignty other than regarding matters necessary for social order or commercial purposes).
30. Ibid., 393.
31. Louis L. Jaffe, Judicial Aspects of Foreign Relations: In Particular of the Recognition of Foreign Powers (Cambridge, MA, 1933).
32. The Arantzazu Mendi, 9 International Law Reports 60 (1939).
33. Malcolm N. Shaw, International Law (3rd edn rev., New York, 1991), p. 266.
34. James Rosenau argued: '[T]he autonomous capacity of states to be effective at home can be seen as increasingly dependent on either favorable circumstances abroad or the cooperation of foreign actors.' James N. Rosenau, 'The State in an Era of Cascading Politics: Wavering Concept, Widening Competence, Withering Colossus, or Weathering Change?', in James A. Caporaso (ed.), The Elusive State: International and Comparative Perspectives (Newbury Park, CA, 1989), p. 23.
35. Stephen Krasner noted: 'The claims that states have made with regard to the authoritative control of movements of people, commodities, investments, and information, ideas, or culture across their international boundaries have changed across time and over countries.' Stephen D. Krasner, 'Sovereignty: An Institutional Perspective', in Caporaso (ed.), Elusive State, p. 90.
36. For a similarly phrased observation, see Lustick, Unsettled States, p. 443.
37. Charles Burton Marshall counselled: 'For simplicity and clarity, the absolute modifier absolute applied to sovereignty can well be disposed of at once . . . I can scarcely imagine any faculty or endeavor wholly untrammeled, infinite, or . . . beyond contingency . . . [S]overeignty, . . . at root, . . . merely denotes superiority . . . Applied to a finite government, sovereignty merely is a term implicit of ascendancy established with respect to . . . the government's capacity to function as a going concern.' Marshall, Exercise of Sovereignty, p. 4 (italics in original).
38. Stanley I. Benn, 'The Uses of "Sovereignty" ', in W. J. Stankiewicz (ed.), In Defense of Sovereignty (New York, 1969), pp. 80-1.
39. One such exception might be Somalia in the early 1990s, which, some might argue, in the midst of political chaos and famine lost its sovereignty. However, others would hold that a state experiencing such a severe internal crisis is not stripped of sovereign status, but instead is accorded a lesser basket of sovereign rights than that enjoyed by many of its peers. See Michael Ross Fowler and Julie Marie Bunck, Law, Power, and the Sovereign State: The Evolution and Application of the Concept of Sovereignty (University Park, PA, 1995), pp. 63-82. See also Michael Ross Fowler and Julie Marie Bunck, 'The Chunk and Basket Theories of Sovereignty', in Kenneth W. Thompson (ed.), Community, Diversity, and a New World Order: Essays in Honor of Inis L. Claude, Jr. (Lanham, MD, 1994), pp. 137-44.
40. One such exception might be Somalia in the early 1990s, which, some might argue, in the midst of political chaos and famine lost its sovereignty. However, others would hold that a state experiencing such a severe internal crisis is not stripped of sovereign status, but instead is accorded a lesser basket of sovereign rights than that enjoyed by many of its peers. See Michael Ross Fowler and Julie Marie Bunck, Law, Power, and the Sovereign State: The Evolution and Application of the Concept of Sovereignty (University Park, PA, 1995), pp. 63-82. See also Michael Ross Fowler and Julie Marie Bunck, 'The Chunk and Basket Theories of Sovereignty', in Kenneth W. Thompson (ed.), Community, Diversity, and a New World Order: Essays in Honor of Inis L. Claude, Jr. (Lanham, MD, 1994), pp. 137-44.
41. Robert Jackson observed: 'Ramshackle states today are . . . not allowed to disappear juridically - even if for all intents and purposes they have already fallen or been pulled down in fact. They cannot be deprived of sovereignty as a result of war, conquest, partition, or colonialism such as frequently happened in the past. The juridical cart is now before the empirical horse.' Robert H. Jackson, Quasi-States: Sovereignty International Relations and the Third World (New York, 1990), pp. 23-4.
42. See ibid., p. 24. For information on sovereignty and Lebanon, see Wade R. Goria, Sovereignty and Leadership in Lebanon 1943-1976 (London, 1985) and Sandra M. Saseen, 'The Taif Accord and Lebanon's Struggle to Regain its Sovereignty'. American University Journal of International Law and Policy, 6 (1990), pp. 57-75.
43. See ibid., p. 24. For information on sovereignty and Lebanon, see Wade R. Goria, Sovereignty and Leadership in Lebanon 1943-1976 (London, 1985) and Sandra M. Saseen, 'The Taif Accord and Lebanon's Struggle to Regain its Sovereignty'. American University Journal of International Law and Policy, 6 (1990), pp. 57-75.
44. See ibid., p. 24. For information on sovereignty and Lebanon, see Wade R. Goria, Sovereignty and Leadership in Lebanon 1943-1976 (London, 1985) and Sandra M. Saseen, 'The Taif Accord and Lebanon's Struggle to Regain its Sovereignty'. American University Journal of International Law and Policy, 6 (1990), pp. 57-75.
45. Ivo D. Duchacek, Nations and Men: International Politics Today (New York, 1966), p. 48.
46. See Louis Henkin, How Nations Behave: Law and Foreign Policy (2nd edn rev., New York, 1979), p. 17.
47. David Mitrany wryly observed: 'It is curiously true that after trouncing the claim to "divine right" of the absolute monarchs, political theory allowed it to be transferred to the absolute State, and we have suffered it to persist to our own day, though our culture rejects the absolute and our outlook discounts the divine in politics.' David Mitrany, The Progress of International Government (New Haven, CT, 1933), p. 71.
48. Rosenau, 'The State in an Era of Cascading Politics', p. 23.
49. See K. W. B. Middleton, 'Sovereignty in Theory and Practice', in Stankiewicz (ed.), In Defense of Sovereignty, pp. 146-7. See also ibid., pp. 140-1.
50. See K. W. B. Middleton, 'Sovereignty in Theory and Practice', in Stankiewicz (ed.), In Defense of Sovereignty, pp. 146-7. See also ibid., pp. 140-1.
51. Quincy Wright, Mandates Under the League of Nations (New York, 1968), p. 274.
52. Schooner Exchange v. M'Faddon & Others, 11 US (7 Cranch) 116, 136 (1812). Chief Justice Marshall pointed out that the notion of diplomatic immunity also represents a waiver of the absolute independence of sovereigns. Ibid., 138.
53. See League of Nations, Treaty Series, 'Convention on Certain Questions relating to the Conflict of Nationality Laws, signed at The Hague', 12 April 1930, Société des Nations, 179, no. 4137 (1937), pp. 91-137. Article I states: 'It is for each State to determine under its own law who are its nationals' (ibid., p. 99). See also Nationality Decrees in Tunis and Morocco [G. Br./Fr.], Permanent Court of International Justice Publications (hereafter PCIJ) (Ser. B), No. 4, at 6 (1923) (Adv. Op.).
54. See League of Nations, Treaty Series, 'Convention on Certain Questions relating to the Conflict of Nationality Laws, signed at The Hague', 12 April 1930, Société des Nations, 179, no. 4137 (1937), pp. 91-137. Article I states: 'It is for each State to determine under its own law who are its nationals' (ibid., p. 99). See also Nationality Decrees in Tunis and Morocco [G. Br./Fr.], Permanent Court of International Justice Publications (hereafter PCIJ) (Ser. B), No. 4, at 6 (1923) (Adv. Op.).
55. See League of Nations, Treaty Series, 'Convention on Certain Questions relating to the Conflict of Nationality Laws, signed at The Hague', 12 April 1930, Société des Nations, 179, no. 4137 (1937), pp. 91-137. Article I states: 'It is for each State to determine under its own law who are its nationals' (ibid., p. 99). See also Nationality Decrees in Tunis and Morocco [G. Br./Fr.], Permanent Court of International Justice Publications (hereafter PCIJ) (Ser. B), No. 4, at 6 (1923) (Adv. Op.).
56. The German government acknowledged this principle in a statement prepared for a 1929 League of Nations Conference for the Codification of International Law, convened prior to the 1930 Hague Convention on Nationality Laws. See Ian Brownlie, Principles of Public International Law (Oxford, 1979), p. 370.
57. See, for example, Rensselaer W. Lee III, 'Why the U.S. Cannot Stop South American Cocaine', Orbis, 32 (1988), pp. 513-19. For an interesting account of Americans reacting similarly after US officials authorized Mexican police to search streetcars leaving El Paso, Texas for Juarez, Mexico, see Ethan A. Nadelmann, Cops Across Borders: The Internationalisation of U.S. Criminal Law Enforcement (University Park, PA, 1993), p. 79. An active American role in Colombian juridical and law-enforcement matters might also be viewed as compromising Colombia's de facto external independence, as that concept is defined in the following pages of this article. Curiously, while Colombians, Hondurans, and others have viewed the extradition of national citizens to a foreign legal system as derogating from their sovereignty, they have often welcomed foreign legal assistance programmes, perhaps because of the formal invitation offered by one sovereign to another. See generally Michael Ross Fowler and Julie Marie Bunck, 'Legal Imperialism or Disinterested Assistance: American Legal Aid in the Caribbean Basin', Albany Law Review, 55 (1992), pp. 815-47, esp. pp. 843-7.
58. See, for example, Rensselaer W. Lee III, 'Why the U.S. Cannot Stop South American Cocaine', Orbis, 32 (1988), pp. 513-19. For an interesting account of Americans reacting similarly after US officials authorized Mexican police to search streetcars leaving El Paso, Texas for Juarez, Mexico, see Ethan A. Nadelmann, Cops Across Borders: The Internationalisation of U.S. Criminal Law Enforcement (University Park, PA, 1993), p. 79. An active American role in Colombian juridical and law-enforcement matters might also be viewed as compromising Colombia's de facto external independence, as that concept is defined in the following pages of this article. Curiously, while Colombians, Hondurans, and others have viewed the extradition of national citizens to a foreign legal system as derogating from their sovereignty, they have often welcomed foreign legal assistance programmes, perhaps because of the formal invitation offered by one sovereign to another. See generally Michael Ross Fowler and Julie Marie Bunck, 'Legal Imperialism or Disinterested Assistance: American Legal Aid in the Caribbean Basin', Albany Law Review, 55 (1992), pp. 815-47, esp. pp. 843-7.
59. See, for example, Rensselaer W. Lee III, 'Why the U.S. Cannot Stop South American Cocaine', Orbis, 32 (1988), pp. 513-19. For an interesting account of Americans reacting similarly after US officials authorized Mexican police to search streetcars leaving El Paso, Texas for Juarez, Mexico, see Ethan A. Nadelmann, Cops Across Borders: The Internationalisation of U.S. Criminal Law Enforcement (University Park, PA, 1993), p. 79. An active American role in Colombian juridical and law-enforcement matters might also be viewed as compromising Colombia's de facto external independence, as that concept is defined in the following pages of this article. Curiously, while Colombians, Hondurans, and others have viewed the extradition of national citizens to a foreign legal system as derogating from their sovereignty, they have often welcomed foreign legal assistance programmes, perhaps because of the formal invitation offered by one sovereign to another. See generally Michael Ross Fowler and Julie Marie Bunck, 'Legal Imperialism or Disinterested Assistance: American Legal Aid in the Caribbean Basin', Albany Law Review, 55 (1992), pp. 815-47, esp. pp. 843-7.
60. James, Sovereign Statehood, p. 20. James also pointed out that the state need not in fact be active internationally. An isolationist state can be sovereign, if it is able to assert itself when it wishes to do so. Ibid., p. 24.
61. James, Sovereign Statehood, p. 20. James also pointed out that the state need not in fact be active internationally. An isolationist state can be sovereign, if it is able to assert itself when it wishes to do so. Ibid., p. 24.
62. See Hannum, Autonomy, p. 152.
63. See 'Cablegram dated 21 August 1948 from the Hyderabad Government to the President of the Security Council', United Nations Security Council Official Records (hereafter UNSCOR), Suppl. (UN DOC S/986), September 1948, p. 5; 'Cablegram dated 12 September 1948 from the Hyderabad Government to the President of the Security Council', UNSCOR, Suppl. (UN DOC S/998), September 1948, p. 5; 'Cablegram dated 13 September 1948 from the Hyderabad Government to the President of the Security Council', UNSCOR, Suppl. (UN DOC S/1000), September 1948, p. 5.
64. See 'Cablegram dated 21 August 1948 from the Hyderabad Government to the President of the Security Council', United Nations Security Council Official Records (hereafter UNSCOR), Suppl. (UN DOC S/986), September 1948, p. 5; 'Cablegram dated 12 September 1948 from the Hyderabad Government to the President of the Security Council', UNSCOR, Suppl. (UN DOC S/998), September 1948, p. 5; 'Cablegram dated 13 September 1948 from the Hyderabad Government to the President of the Security Council', UNSCOR, Suppl. (UN DOC S/1000), September 1948, p. 5.
65. See 'Cablegram dated 21 August 1948 from the Hyderabad Government to the President of the Security Council', United Nations Security Council Official Records (hereafter UNSCOR), Suppl. (UN DOC S/986), September 1948, p. 5; 'Cablegram dated 12 September 1948 from the Hyderabad Government to the President of the Security Council', UNSCOR, Suppl. (UN DOC S/998), September 1948, p. 5; 'Cablegram dated 13 September 1948 from the Hyderabad Government to the President of the Security Council', UNSCOR, Suppl. (UN DOC S/1000), September 1948, p. 5.
66. 'The Hyderabad Question', United Nations Resolutions: Resolutions and Decisions of the Security Council, ser. 2, vol. 2, 1948-50, p. 42.
67. 'Cablegram dated 22 September 1948 from the Nizam of Hyderabad', UNSCOR, Suppl. (UN DOC S/1011), September 1948. p. 7.
68. Hans Morgenthau observed: 'At the root of the perplexities which attend the problem of the loss of sovereignty there is the divorce, in contemporary legal and political theory, of the concept of sovereignty from the political reality to which the concept of sovereignty is supposed to give legal expression.' Hans J. Morgenthau, Politics among Nations: The Struggle for Power and Peace (New York, 1948), p. 249.
69. Herbert A. Wilkinson, The American Doctrine of State Succession (Westport, CT, 1975), p. 119. Hans Morgenthau described sovereignty in absolute terms as follows: "[E]ach state is free to manage its internal and external affairs according to its own discretion, in so far as it is not limited by treaty or . . . common international law. The individual state has the right to give itself any constitution it pleases, to enact whatever laws it wishes regardless of their effect upon its own citizens, and to choose any system of administration. It is free to have whatever kind of military establishment it deems necessary for the purposes of its foreign policy which, in turn, it is free to determine as it sees fit.' Morgenthau, Politics among Nations, pp. 245-6.
70. Herbert A. Wilkinson, The American Doctrine of State Succession (Westport, CT, 1975), p. 119. Hans Morgenthau described sovereignty in absolute terms as follows: "[E]ach state is free to manage its internal and external affairs according to its own discretion, in so far as it is not limited by treaty or . . . common international law. The individual state has the right to give itself any constitution it pleases, to enact whatever laws it wishes regardless of their effect upon its own citizens, and to choose any system of administration. It is free to have whatever kind of military establishment it deems necessary for the purposes of its foreign policy which, in turn, it is free to determine as it sees fit.' Morgenthau, Politics among Nations, pp. 245-6.
71. Inis L. Claude, Jr, American Approaches to World Affairs (Lanham, MD, 1986), p. 39.
72. See Geoffrey L. Goodwin, 'The Erosion of External Sovereignty?', in Ghita Ionescu (ed.), Between Sovereignty and Integration (New York, 1974), pp. 100-17.
73. Westel W. Willoughby, Fundamental Concepts of Public Law (New York, 1924), cited in Vernon A. O'Rourke, The Juristic Status of Egypt and the Sudan (Baltimore, MD, 1935), p. 21.
74. Westel W. Willoughby, Fundamental Concepts of Public Law (New York, 1924), cited in Vernon A. O'Rourke, The Juristic Status of Egypt and the Sudan (Baltimore, MD, 1935), p. 21.
75. James, Sovereign Statehood, p. 24.
76. Ibid., p. 24. James hastened to explain that by defining sovereignty in this manner, he did not mean to imply that constitutionalism - that is, the conduct of a government in accordance with the country's constitution - is a factor in determining whether a political entity qualifies as a sovereign state. Rather, James described sovereignty as primarily determined by whether the entity in question is encumbered by constitutional links to another state. Ibid., p. 25.
77. Ibid., p. 24. James hastened to explain that by defining sovereignty in this manner, he did not mean to imply that constitutionalism - that is, the conduct of a government in accordance with the country's constitution - is a factor in determining whether a political entity qualifies as a sovereign state. Rather, James described sovereignty as primarily determined by whether the entity in question is encumbered by constitutional links to another state. Ibid., p. 25.
78. Ibid., p. 24. James's approach leads to the conclusion that sovereignty is not a concept of international law at all, but that international law presupposes sovereignty. Ibid., p. 40. For a somewhat similar view, citing the history of political philosophy, see Hinsley, Sovereignty, pp. 185-96.
79. Ibid., p. 24. James's approach leads to the conclusion that sovereignty is not a concept of international law at all, but that international law presupposes sovereignty. Ibid., p. 40. For a somewhat similar view, citing the history of political philosophy, see Hinsley, Sovereignty, pp. 185-96.
80. Ibid., p. 24. James's approach leads to the conclusion that sovereignty is not a concept of international law at all, but that international law presupposes sovereignty. Ibid., p. 40. For a somewhat similar view, citing the history of political philosophy, see Hinsley, Sovereignty, pp. 185-96.
81. See generally Alan James, 'The UN Force in Cyprus', International Affairs, 65 (Summer, 1989), pp. 481-500, esp. p. 483; John Dugard, Recognition and the United Nations (Cambridge, 1987), pp. 108-11.
82. See generally Alan James, 'The UN Force in Cyprus', International Affairs, 65 (Summer, 1989), pp. 481-500, esp. p. 483; John Dugard, Recognition and the United Nations (Cambridge, 1987), pp. 108-11.
83. UN Security Council Resolution 550 (1984), cited in Alan James, 'Unit Veto Dominance in United Nations Peace-keeping', in Lawrence S. Finkelstein (ed.), Politics in the United Nations System (Durham, NC, 1988), p. 83.
84. UN Security Council Resolution 550 (1984), cited in Alan James, 'Unit Veto Dominance in United Nations Peace-keeping', in Lawrence S. Finkelstein (ed.), Politics in the United Nations System (Durham, NC, 1988), p. 83.
85. Buzan, People, States, and Fear, p. 43.
86. See Cook Islands Constitution Act, pp. 2,033, 2,040-1. See also Alexis, 'British Intervention', p. 586, n.29.
87. See Cook Islands Constitution Act, pp. 2,033, 2,040-1. See also Alexis, 'British Intervention', p. 586, n.29.
88. Ernst B. Haas and Allan S. Whiting, Dynamics of International Relations (New York, 1956), p. 61, n.3. This approach harks back to the words of nineteenth-century international lawyer Sir Robert Phillimore: 'International law has no concern with the form, character, or power of a state, if, through the medium of a government, it has such an independent existence as to render it capable of entertaining international relations with other states.' J. A. Andrews, 'The Concept of Statehood and the Acquisition of Territory in the Nineteenth Century', The Law Quarterly Review, 94 (1978), p. 425.
89. Ernst B. Haas and Allan S. Whiting, Dynamics of International Relations (New York, 1956), p. 61, n.3. This approach harks back to the words of nineteenth-century international lawyer Sir Robert Phillimore: 'International law has no concern with the form, character, or power of a state, if, through the medium of a government, it has such an independent existence as to render it capable of entertaining international relations with other states.' J. A. Andrews, 'The Concept of Statehood and the Acquisition of Territory in the Nineteenth Century', The Law Quarterly Review, 94 (1978), p. 425.
90. This approach echoes that taken at the 1933 Montevideo Convention on the Rights and Duties of States. Article One of that Inter-American Convention reads: 'The state as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with other states.' 'Rights and Duties of States (Inter-American)', Treaties and Other International Agreements of the United States of America, vol. 3, ed. C. I. Bevans (Washington, DC, 1969), pp. 145-51.
91. A recent complaint, signed and stamped by Secretary of Foreign Affairs C. Aran, declared that the republic would not 'tolerate any tampering, trespassing or titillating with any of the sacred island territories of our invincible republic'. Miami Herald (Int'l Edn), 22 January 1992, p. 11A.
92. Lighthouses in Crete and Samos [Greece v. Fr.], Permanent Court of International Justice Publications (Ser. A/B), No. 71, at 94 (1937).
93. The term of the contract was 1924-49, and compensation was to be paid through the collection of shipping dues.
94. 'Treaty of Peace between Bulgaria, Greece, Montenegro, Serbia and Turkey, signed at London', The Consolidated Treaty Series, ed. Clive Parry, vol. 218, 1913 (Dobbs Ferry, NY, 1980), pp. 159-61.
95. Lighthouses Case Between France and Greece [Greece v. Fr. ], PCIJ (Ser. A/B), No. 62, at 3 (1934).
96. Lighthouses in Crete und Samos, at 104-5.
97. Ibid., 127.
98. Vernon A. O'Rourke, The Juristic Status of Egypt and the Sudan (Baltimore, MD, 1935), p. 10.
99. A. F. Pollard made this point about the balance of power. A. F. Pollard, 'The Balance of Power', Journal of the British Institute of International Affairs, 2 (1923), pp. 51-64, cited in Inis L. Claude, Jr, Power and International Relations (New York, 1962), p. 12.
100. A. F. Pollard made this point about the balance of power. A. F. Pollard, 'The Balance of Power', Journal of the British Institute of International Affairs, 2 (1923), pp. 51-64, cited in Inis L. Claude, Jr, Power and International Relations (New York, 1962), p. 12.
101. Ivo D. Duchacek, Nations and Men: International Politics Today (New York, 1966), p. 47. In some states rulers may also have been expected to defer to customary laws. See James, Sovereign Statehood, p. 4. See also Hinsley, Sovereignty, p. 122.
102. Ivo D. Duchacek, Nations and Men: International Politics Today (New York, 1966), p. 47. In some states rulers may also have been expected to defer to customary laws. See James, Sovereign Statehood, p. 4. See also Hinsley, Sovereignty, p. 122.
103. Ivo D. Duchacek, Nations and Men: International Politics Today (New York, 1966), p. 47. In some states rulers may also have been expected to defer to customary laws. See James, Sovereign Statehood, p. 4. See also Hinsley, Sovereignty, p. 122.
104. In tracing the history of this effort Joseph Strayer wrote: '[W]hen feudal theory had been elaborated to the point where it allowed the king to regulate all justice and to tax all men, suzerainty was coming very close to sovereignty.' Joseph R. Strayer, On the Medieval Origins of the Modern State (Princeton, NJ, 1970), p. 43.
105. See Quincy Wright, The Existing Legal Situation as it Relates to the Conflict in the Far East (New York, 1939), p. 18. More generally, see Evan Luard, Types of International Society (New York, 1976), pp. 312-29. See also Janice E. Thomson, Mercenaries, Pirates and Sovereigns: State-Building and Extraterritorial Violence in Early Modern Europe (Princeton, NJ, 1994) and Michael Wilks, The Problem of Sovereignty in the Later Middle Ages: The Papal Monarchy with Augustinus Triumphus and the Publicists (Cambridge, 1964).
106. See Quincy Wright, The Existing Legal Situation as it Relates to the Conflict in the Far East (New York, 1939), p. 18. More generally, see Evan Luard, Types of International Society (New York, 1976), pp. 312-29. See also Janice E. Thomson, Mercenaries, Pirates and Sovereigns: State-Building and Extraterritorial Violence in Early Modern Europe (Princeton, NJ, 1994) and Michael Wilks, The Problem of Sovereignty in the Later Middle Ages: The Papal Monarchy with Augustinus Triumphus and the Publicists (Cambridge, 1964).
107. See Quincy Wright, The Existing Legal Situation as it Relates to the Conflict in the Far East (New York, 1939), p. 18. More generally, see Evan Luard, Types of International Society (New York, 1976), pp. 312-29. See also Janice E. Thomson, Mercenaries, Pirates and Sovereigns: State-Building and Extraterritorial Violence in Early Modern Europe (Princeton, NJ, 1994) and Michael Wilks, The Problem of Sovereignty in the Later Middle Ages: The Papal Monarchy with Augustinus Triumphus and the Publicists (Cambridge, 1964).
108. See Quincy Wright, The Existing Legal Situation as it Relates to the Conflict in the Far East (New York, 1939), p. 18. More generally, see Evan Luard, Types of International Society (New York, 1976), pp. 312-29. See also Janice E. Thomson, Mercenaries, Pirates and Sovereigns: State-Building and Extraterritorial Violence in Early Modern Europe (Princeton, NJ, 1994) and Michael Wilks, The Problem of Sovereignty in the Later Middle Ages: The Papal Monarchy with Augustinus Triumphus and the Publicists (Cambridge, 1964).
109. George Kennan observed: '[T]his concept of sovereignty, the supremacy of a single ruler, was often conceived to have universal significance - to be applicable, that is, to all of the known civilized world. The particular ruler in question laid claim to be superior to any other ruler in authority. His supremacy was expected to be acknowledged by anyone else who had any authority over people anywhere.' George F. Kennan. Around the Cragged Hill: A Personal and Political Philosophy (New York, 1993), p. 87.
110. For a historical account of this process, see Adam Watson, The Evolution of International Society (London, 1992).
111. See Bodin, On Sovereignty. For a general analysis of Bodin's contribution to thought on sovereignty see Hinsley, Sovereignty, pp. 122-5. For an interesting, yet dated, discussion of the development of different meanings of sovereignty see Robert Lansing, Notes on Sovereignty: From the Standpoint of the State and of the World (Washington, DC, 1921).
112. See Bodin, On Sovereignty. For a general analysis of Bodin's contribution to thought on sovereignty see Hinsley, Sovereignty, pp. 122-5. For an interesting, yet dated, discussion of the development of different meanings of sovereignty see Robert Lansing, Notes on Sovereignty: From the Standpoint of the State and of the World (Washington, DC, 1921).
113. See Bodin, On Sovereignty. For a general analysis of Bodin's contribution to thought on sovereignty see Hinsley, Sovereignty, pp. 122-5. For an interesting, yet dated, discussion of the development of different meanings of sovereignty see Robert Lansing, Notes on Sovereignty: From the Standpoint of the State and of the World (Washington, DC, 1921).
114. See generally Hinsley, Sovereignty, pp. 107, 122-32.
115. Strayer, On the Medieval Origins of the Modern State, p. 102.
116. For a discussion of this process see George L. Mosse, The Struggle for Sovereignty in England: From the Reign of Queen Elizabeth to the Petition of Right (New York, 1968).
117. For the early history of Outer Mongolian political ties to China and the Soviet Union see Wright, Existing Legal Situation, pp. 59-60.
118. Philosopher Jacques Maritain observed: 'Of course we are free to say 'Sovereignty' while we are thinking full autonomy or right to decide without appeal - as we are free to say "omnipotence" while . . . thinking limited power, or "drum" while . . . thinking flute. Yet the result for our own way of thinking and for intelligible intercommunication would appear questionable.' See Jacques Maritain, 'The Concept of Sovereignty', in Stankiewicz (ed.), In Defense of Sovereignty, p. 61.
119. Inis L. Claude, Jr, 'The Peace-keeping Role of the United Nations', in E. Berkeley Tompkins (ed.), The United Nations in Perspective (Stanford, CA, 1967), p. 49.
120. The outstanding exception is Quincy Wright, who observed: '[M]ost governments, courts and jurists assumed that a state, whether it had long existed in fact, like Turkey, or had recently become a de facto state through successful revolution like the United States, could not become a member of the Family of Nations and a state de jure except through admission to that circle by the states already in it.' Wright, Existing Legal Situation, pp. 26-7. Robert Jackson likewise declared: 'New statehood therefore springs from international recognition . . . New states are legally "posited" by formal actions of international society and the will of states already established.' Jackson, Quasi-States, p. 78, citing Wight, System of States, p. 118.
121. The outstanding exception is Quincy Wright, who observed: '[M]ost governments, courts and jurists assumed that a state, whether it had long existed in fact, like Turkey, or had recently become a de facto state through successful revolution like the United States, could not become a member of the Family of Nations and a state de jure except through admission to that circle by the states already in it.' Wright, Existing Legal Situation, pp. 26-7. Robert Jackson likewise declared: 'New statehood therefore springs from international recognition . . . New states are legally "posited" by formal actions of international society and the will of states already established.' Jackson, Quasi-States, p. 78, citing Wight, System of States, p. 118.
122. The outstanding exception is Quincy Wright, who observed: '[M]ost governments, courts and jurists assumed that a state, whether it had long existed in fact, like Turkey, or had recently become a de facto state through successful revolution like the United States, could not become a member of the Family of Nations and a state de jure except through admission to that circle by the states already in it.' Wright, Existing Legal Situation, pp. 26-7. Robert Jackson likewise declared: 'New statehood therefore springs from international recognition . . . New states are legally "posited" by formal actions of international society and the will of states already established.' Jackson, Quasi-States, p. 78, citing Wight, System of States, p. 118.
123. Wright, Existing Legal Situation, p. 28 (emphasis added).
124. In determining sovereign status by gauging the will of the international community, Quincy Wright observed, 'The Family of Nations . . . has not developed procedures through which it clearly manifests the collective will on all occasions. Ordinarily its attitude is manifested only through the consensus of the will of its members expressed in individual acts of recognition over a long period of time.' Ibid., p. 44.
125. Shaw, International Law, p. 246.
126. Ibid.
127. On 11 June 1990, Namibia became the seventy-fourth state to recognize the SADR. In 1984 SADR became a full member of the Organization of African Unity, causing Morocco to withdraw from the organization in protest.
128. See Vera Gowlland-Debbas, 'Collective Responses to the Unilateral Declarations of Independence of Southern Rhodesia and Palestine: An Application of the Legitimizing Function of the United Nations', The British Year Book of International Law, 61 (1990), pp. 135-6.
129. Presumably, leaders of the states that failed to recognize the People's Republic of China did not question that the state of China had attained de facto independence. Rather, they feared the political repercussions of acknowledging the sovereignty of what they viewed as an illegitimate Marxist-Leninist regime in China.
130. Gowlland-Debbas, 'Collective Responses', pp. 135-6.
131. See 'U.S. Recognizes Macedonia Over Greek Objections', Washington Post, 10 February 1994, p. A23.
132. Manchukuo was comprised of three eastern provinces of China-Heilungkiang (or Manchuria), Kirin, and Fengtien (or Liaoning) - along with the province of Inner Mongolia known as Jehol. The only states to recognize Manchukuo were Japan, Italy, Germany, Poland, and El Salvador. See Wright, Existing Legal Situation, pp. 39, 56-8.
133. See generally, 'Non-recognition of States and Territorial Acquisitions: The Practice of the United Nations', in Dugard, Recognition, pp. 81-122. For a case involving the issue of sovereignty over the homeland state of Ciskei, see Gur Corporation v. Trust Bank of America, 75 International Law Reports 675 (1987). For an analysis of the Gur Corporation case see Shaw, International Law, pp. 270-1.
134. See generally, 'Non-recognition of States and Territorial Acquisitions: The Practice of the United Nations', in Dugard, Recognition, pp. 81-122. For a case involving the issue of sovereignty over the homeland state of Ciskei, see Gur Corporation v. Trust Bank of America, 75 International Law Reports 675 (1987). For an analysis of the Gur Corporation case see Shaw, International Law, pp. 270-1.
135. See generally, 'Non-recognition of States and Territorial Acquisitions: The Practice of the United Nations', in Dugard, Recognition, pp. 81-122. For a case involving the issue of sovereignty over the homeland state of Ciskei, see Gur Corporation v. Trust Bank of America, 75 International Law Reports 675 (1987). For an analysis of the Gur Corporation case see Shaw, International Law, pp. 270-1.
136. Jackson and Rosberg, 'Why Africa's Weak States', pp. 16-17.
137. See Charles O. Lerche, Jr and Abdul A. Said, Concepts of International Politics (Englewood Cliffs, NJ, 1970), p. 107. The authors correctly observed: 'The persistence of states in acting as if sovereignty were a reality gives the doctrine great political significance.'
138. Wright, Existing Legal Situation, p. 27.