The impact of the conquered/settled distinction regarding the acqisition of sovereignty in Australia

Re-examination of the author's 1988 article on the significance of the classification of a colonial acquisition as being through conquest, cession or settlement - discussion of Australian judicial pronouncements on various issues - whether Australia was 'terra nullius' - whether the Aboriginal peoples were sovereign nations - whether sovereignty was acquired through settlement or conquest - the laws of England flowed into and provided the legal foundations of the colony - whether those laws recognised the pre-existing Aboriginal title - significance of the classification of a colonial acquisition - Mabo decision - issues relevant to Aboriginal sovereignty.

Taking parliamentary sovereignty seriously within a Bill of Rights framework

The Victorian Government has made a commitment to consult with the community on how best to protect and promote human rights in Victoria. To this end, it has established a Human Rights Consultation Committee to undertake this consultation and to report on the desirability or otherwise of enacting a Bill of Rights. The government has, however, indicated its preference for a statutory Bill of Rights and one that preserves the 'sovereignty of Parliament'. This article takes those two government preferences as its baseline and then explores what might follow if the preservation of parliamentary sovereignty is taken seriously within a Victorian rights framework.

State sovereignty and migration control: the ultimate act of discrimination?

Nations zealously guard their borders and carefully vet migrants. This consigns many people to live in states not of their choice and often diminishes their opportunities and their level of flourishing. In some cases it is the difference between life and death. The practice of imposing migration controls is discriminatory. In fact it is the ultimate form of discrimination: 'super-discrimination.' There is no logical or moral reason why non-nationals of a state should not have the same opportunities and freedoms as nationals in that state. One of the most common forms of discrimination is race - treating a person differently simply because of their place of birth. This is one of the clearest and most repugnant forms of discrimination because the location where a person is born is of course merely a happy or unhappy circumstance over which the individual has no control. An accident of birth should not qualify a person for extra privileges or opportunities. The world is a fairer place if to the maximum extent possible luck is taken out of the process for allocating benefits and burdens - which ought to be distributed on the basis of merit and dessert. This paper examines whether there are sound reasons for restricting the flow of world-wide people movement. The main arguments in favour of this policy, relating to security and national building, are ultimately flawed. This exposes a tragic irony given the great efforts that many Western states - which typically have the strongest migration controls - make to stamp out discrimination at the domestic level, and the vast array of international law anti-discrimination instruments, loudly trumpeted by Western nations. This is hypocrisy nearing its finest. The substratum of sovereign states upon which available international law is built is inherently discriminatory and in fact is probably responsible for more harm as a result of the innately discriminatory immigration policies than results from the cumulative operation of all domestic discrimination. The world should move towards loosening migration controls. This would have an enormous number of humanistic benefits, not the least of which is largely eradicating world hunger and poverty.

Water, escaping sovereignty : the hydropolitics of the Tigris-Euphrates river and Turkish state formation

Develops a critical analysis of the domestic and international factors influencing the process of Turkish state formation. Focuses on the political economy of water resource development along the Tigris-Euphrates river basin, shared by the three riparian states, Turkey, Iraq and Syria. Turkey's large-scale development of the river is characterised as a state making imperative, highlighting the needs to improve regional resource diplomacy.

Westphalia and the Taiwan conundrum : a case against the exclusionist construction of sovereignty and identity

It is often argued that at the root of the Taiwan question are the myriad differences in politics, ideology, identity, and economy between mainland China and Taiwan. Any prospect for its peaceful resolution, it seems, hinges on bridging those differences through economic and/or political integration. Although the Taiwan conundrum has much to do with wide-ranging cross-strait divergence, this article argues that it cannot be disconnected from one important commonality between Beijing and Taipei, namely, a cross-strait normative convergence on the Westphalian notion of state sovereignty. Encompassing an exclusionary understanding of final authority, territory, and identity, Westphalian sovereignty provides both Beijing and Taipei with a common meaning that Taiwan is an issue of sovereignty, central to their respective national identity and political survival and hence not subject to compromise. As a consequence, it argues that this common meaning is paradoxically responsible for much of the mistrust, tension, and deadlock in cross-strait relations. In order to find a long-term solution to the Taiwan impasse, we need to pay attention to this particular normative convergence as well as to the many differences across the Taiwan Strait.

Sovereignty and resistance : India, China and the Asian-African Conference, 1955

This thesis examines the Asian-African Conference at Bandung, Indonesia in 1955 from a broad historical perspective. It presents evidence that the assertion of independent Asian foreign policy - non-aligned and communist led by India and China - signalled a more significant, long-term shift in West-East realtions than has been previously identified.

Our natives and wild blacks : enumeration as a statistical dimension of sovereignty in colonial Western Australia

This paper investigates the Western Australian colonial authorities' attempts at defining and categorising a "politically relevant" Aboriginal population from first settlement in 1829 until 1850. Studies of colonial enumeration allow us to understand how colonial authorities viewed the spaces and boundaries of settlement and beyond, and who would be included as part of the community inhabiting that space. Enumeration of Aboriginal people in this period mirrored the Western Australian colonial authorities' conception of their sovereignty: the territory which they could effectively control was not the entire western third of the continent, as the map dictated, but rather the surveyed country, within the "limits of settlement." While other studies of colonial census making reveal enumeration as an instrument of control, this paper identifies colonial census making about Indigenous Western Australians in this period as an instance of state incapacity to govern and control. While "control" was the colonial authorities' key objective in their enumerations, the census reports reveal their inability to know the Aboriginal population.

Trio a, ranup lampuan and sovereignty

An essay is presented on dance authorship, dance discourses, and the likelihood or otherwise of keeping dance integrity, which uses the idea of sovereignty. It discusses the topics in relation to the dances "Trio A" and "Ranup Lampuan." It also highlights the essays "Trio A: Genealogy, Documentation, Notation," by Yvonne Rainer and "A dance of Aceh: Yuslizar and his creation that became traditional," by Murtala Murtala.