Confronting the Settler Legacy: Indigenisation and Transformation in South Africa and Zimbabwe

This article examines attempts to negotiate a perceived residual dominance of settler populations in South Africa and Zimbabwe by means of developmental and cultural policies deemed necessary to restore sovereignty to Africans. Indigenisation has become a preferred strategy for reconstructing post-colonial states in Africa: indigenisation of the economy as part of a Third Chimurenga in Zimbabwe and Black Economic Empowerment in the socio-cultural context of Ubuntu in South Africa. These are issues arising from the regional legacy of contested and uneven transitions to majority rule. Identifying how governments frame the ‘settler problem’, and politicise space in doing so, is crucial for understanding post-colonial politics. Indigenisation in Zimbabwe allows the government to maintain a network of patronage and official rhetoric is highly divisive and exclusivist although couched in terms of reclaiming African values and sovereignty. Revival of Ubuntu as a cultural value system in South Africa facilitates a more positive approach to indigenisation, although Black Economic Empowerment displays elitist tendencies and cultural transformation remains controversial and elusive. The perceived need to anchor policy in socially acceptable (i.e., ostensibly indigenous/traditional) contexts has become a prominent feature of post-colonial politics and is indicative of an indigenous turn in Southern African politics.

Cosmopolitan Exception

There has been a resurgence of interest in cosmopolitanism in contemporary political theory, based upon the hopeful premise that it heralds an ameliorative response to the malignity of sovereignty's lack and the treacherous violence of sovereignty's excess. The promise of cosmopolitanism inheres in the claim that state sovereignty is and should be supplemented by an international system backed by the legitimacy of international law, grounded in the sovereignty of human rights. Drawing upon Foucault and Agamben, my argument in this essay is that the laudable endeavour of liberal cosmopolitans is flawed in two ways: first, cosmopolitanism cannot escape sovereign violence, because it cannot escape sovereignty; and second, cosmopolitans misconstrue the composition of the very sovereignty they aim to escape. This means that cosmopolitan theorists are unable to identify cosmopolitan practices of sovereignty that also entail forms of violence: cosmopolitan exception. Cosmopolitan exception denotes violent sovereign practices that cannot be differentiated from the protection of rights.

Macha and the Invention of Myth

This paper provides new literary analyses of two tales associated with Emain Macha, both of which feature a woman called Macha: Noínden Ulad, which purports to tell the origin of the debility that the Ulstermen suffered during the Táin, and the story of Macha Mongrúad, who overthrew her enemies and forced them to construct the fort of Emain Macha. The discussion considers issues of warriorhood, justice and gender, and seeks to disentangle the themes of sovereignty and war in relation to the women called Macha. Two of the four women bearing the name Macha are, in all probability, relatively late innovations, and the primary function of the remaining two figures lies in warfare.

Amnesties in Transition: Punishment, Restoration, and the Governance of Mercy

Despite the much vaunted triumph of human rights, amnesties continue to be a frequently used technique of post-conflict transitional justice. For many critics, they are synonymous with unaccountability and injustice. This article argues that despite the rhetoric, there is no universal duty to prosecute under international law and that issues of selectivity and proportionality present serious challenges to the retributive rationale for punishment in international justice. It contends that many of the assumptions concerning the deterrent effect in the field are also oversold and poorly theorized. It also suggests that appropriately designed restorative amnesties can be both lawful and effective as routes to truth recovery, reconciliation, and a range of other peacemaking goals. Rather than mere instruments of impunity, amnesties should instead be seen as important institutions in the governance of mercy, the reassertion of state sovereignty and, if properly constituted, the return of law to a previously lawless domain.

Informed Consent: Autonomy and Self-Ownership

Using the example of an unconsented mouth swab I criticise the view that an action of this kind taken in itself is wrongful in respect of its being a violation of autonomy. This is so much inasmuch as autonomy merits respect only with regard to ‘critical life choices’. I consider the view that such an action is nevertheless harmful or risks serious harm. I also respond to two possible suggestions: that the action is of a kind that violates autonomy; and, that the class of such actions violates autonomy. I suggest that the action is wrongful in as much as it is a bodily trespass. I consider, and criticise, two ways of understanding how morally I stand to my own body: as owner and as sovereign. In respect of the latter I consider Arthur Ripstein’s recent defence of a sovereignty principle. Finally I criticise an attempt by Joel Feinberg to explain bodily trespass in terms of personal autonomy.

Celtic nationalism and supranationalism: comparing Scottish and Northern Ireland party responses to Europe

This article explores how stateless nationalist parties in the ‘Celtic periphery’ of Scotland and Northern Ireland have used Europe to advance their territorial projects. Despite vastly different historical, political and social contexts, the Scottish National Party and Northern Ireland's Social Democratic and Labour Party have both advanced a pro-European, social democratic discourse that emphasises the importance of Europe as a framework for constitutional reform and shared sovereignty. However, in recent years the parties have diverged on Europe. While the SDLP has continued its principled commitment to further integration, the SNP has articulated an increased criticism of the supranational project. This divergence in party attitudes reveals the extent to which the pro-European dimension of Celtic nationalism is ideological or opportunistic.

Which is the Only Game in Town? Minority Rights Issues in Estonia and Slovakia During and after EU Accession:Perspectives on European Politics and Society

Post-communist transition went hand in hand with the European integration process. Much of the literature on EU accession focuses on the rational decision to implement a set of European norms into domestic legislation pre-accession. It is often concluded that once EU membership is achieved, states succumb their rationality and act on the basis of internalised norms. The paper claims that the past literature overlooks the wider framework within which policy-makers operate before and after the accession, namely domestic sovereignty over policy-making and implementation. Tracing the policy dynamics in the area of minority rights in Estonia and Slovakia, we demonstrate that the European integration ushered greater domestic control over policy implementation on minority issues in two states exposed to a heavy dose of conditionality. As we observe, both states have consolidated their state- and nation-building policies referencing EU conditionality in the course of accession and later EU membership to assert centrality of domestic objectives for policy-making and implementation.

Escaping From The Past? The Falkland Islands in the Twenty-First Century

This paper discusses the competing claims for the sovereignty of the Falkland Islands in the South Atlantic, which led to a war in 1982 between the United Kingdom and Argentina, which given that it was over competing claims for sovereignty over a non-independent territory seemed to be redolent of the nineteenth rather than the late-twentieth century. Post-war developments are outlined whilst the paper considers whether or not the Falkland Islands can ever escape from the Conflict, now more than thirty years ago.

Avoidance Techniques: State Related Defences in International Antitrust Cases

Despite its economic significance, competition law still remains fragmented, lacking an international framework allowing for dispute settlement. This, together with the growing importance of non-free-market economies in world trade require us to re-consider and re-evaluate the possibilities of bringing an antitrust suit against a foreign state. If the level playing field on the global marketplace is to be achieved, the possibility of hiding behind the bulwark of state sovereignty should be minimised. States should not be free to act in an anti-competitive way, but at present the legal framework seems ill-equipped to handle such challenges.

This paper deals with the defences available in litigation concerning transnational anti-competitive agreements involving or implicating foreign states. Four important legal doctrines are analysed: non-justiciability (political question doctrine), state immunity, act of state doctrine and foreign state compulsion. The paper addresses also the general problem of applicability of competition laws to a foreign state as such. This is a tale about repetitive unsuccessful efforts to sue OPEC and recent attempts in the US to deal with export cartels of Chinese state-owned enterprises

Crime, justice and the legitimacy of military power in the international sphere

This article examines how a discourse of crime and justice is beginning to play a significant role in justifying international military operations. It suggests that although the coupling of war with crime and justice is not a new phenomenon, its present manifestations invite careful consideration of the connection between crime and political theory. It starts by reviewing the notion of sovereignty to look then at the history of the criminalisation of war and the emergence of new norms to constrain sovereign states. In this context, it examines the three ways in which military force has recently been authorised: in Iraq, in Libya and through drones in Yemen, Pakistan and Somalia. It argues the contemporary coupling of military technology with notions of crime and justice allows the reiteration of the perpetration of crimes by the powerful and the representation of violence as pertaining to specific dangerous populations in the space of the international. It further suggests that this authorises new architectures of authority, fundamentally based on military power as a source of social power.

On the Border of Indeterminacy: The Separation Wall in East Jerusalem

Drawing on a perspective which takes into account the convergences of sovereign and biopolitical ruling apparatuses, the aim of this article is to provide a comprehensive view of the Separation Wall constructed by Israel in East Jerusalem, and, through it, of Israeli control of Palestinian East Jerusalem. Neither a comprehensive border, nor a mere barrier, the Separation Wall which is being constructed in Jerusalem operates to reinstates sovereign power in arrays of governmentality for the purpose of drawing on the ability of sovereignty to appropriate legitimacy for the territorialisation of governmentality. This article claims that these territorialised arrays of governmentality give rise to processes of racialisation, by maintaining a grip on the communities of Palestinians in East Jerusalem and sustaining them in an intermediate position, standing in the way of their full integration into the Israeli population while severing their existing connections with the Palestinians in the West Bank. © Taylor & Francis Group, LLC.

International Boundaries

International boundaries are a basic building block of the modern international state system. The international system dictates a clear spatial distinction between states. International boundaries are the agreed-upon delineation of the spatial allocation of one sovereign territory in relation to that of all others. From a formal perspective, the boundaries of a state delimit the area of applicability of a particular state's sovereignty and pose the only general limitation on the autonomy of sovereignties. Clear and defined boundaries are considered a precondition to the establishment of a state, and control over its boundaries is a sovereign prerogative, whereas an unauthorized breaching of state boundaries by other sovereign powers is considered a declaration of war.

Beyond the National Resource Privilege: towards an International Court of the Environment

The national resource privilege, which holds that states are allowed to control all the natural resources found in their territory, is a cornerstone of international politics. Supporters of the national resource privilege claim that without the privilege states would fail to be sovereign and self-determining entities which provide for the needs of their citizens. However, as this paper shows the case is not as simple as that. In fact, control over resources must be carefully unpacked. Doing so shows that states do not require full control over all resources found in their territory in order to be sovereign. Moreover, sovereignty and self-determination come with a set of responsibilities and duties attached. Based on these observations the paper will sketch the contours of an alternative resource governance scheme built around the idea of an International Court of the Environment.

Getting Away With It:Corruption, Moral Indignation and the Limits of Legal Accountability

In this paper we address the idea of ‘legal but corrupt’ through a discussion of two cases: abuse scandals in the Irish Catholic Church and the financial services industry in the wake of the Global Financial Crisis. We identify two important dynamics that generated the scandals: that they were driven by strong and stable groups existing within a peculiar kind of ‘accountability space’ that we describe as ‘monastic’ and that those groups persisted with tacit or explicit support from the state. ‘Legal but corrupt’ is, we argue, a matter of insider incomprehension sustained by the ceding of sovereignty over some aspect of social or economic life.

גבול (Border)

This paper is a reexamination of the concept of the geopolitical border through a critical analysis of prevalent conceptualizations of borders, as they are articulated in the fields of geopolitics, political theory and international relations. Suggesting that thinking of borders as the derivative of territorial definitions disregards the dependency of territoriality and sovereign space on the praxes of border making, this paper offers an analytic distinction between normative articulations of borders and the border as a political practice. This distinction enables the identification of partial and incoherent border making processes. Consequently, the creation of borders can be analyzed as an effect of a multiplicity of performative praxes, material, juridical and otherwise discursive, that operate in relation to the management of space and attribute it with geopolitical distinctions. Furthermore, the paper suggests that these praxes, which appear in dispersed sites and in a wide variety of loci, are intrinsically linked to different spatial practices of population management, of governmentality. Thus, I offer a reading of borders as a praxis which manages binary differentiations of matrixes of governmentality, which create schisms in the population as a totality, through the deployment of the evocation of sovereignty as the legitimizing source of this differentiation or for the means necessary for its sustainment.