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States and Sovereignty

International Foundations Programme
by

Matthew Funaiole

on 5 March 2015

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Transcript of States and Sovereignty

States and Sovereignty
ET1005

Dr. Matthew P. Funaiole
mf375@st-andrews.ac.uk

Introduction
Sovereignty
Lecture 1: Power, Authority, and States
Lecture 2: States, Sovereignty, Balance of Power
Lecture 3: International Law and International Organizations
Recap From Last Week
We have to define our concepts, as they are the building blocks of ideas.

Need to assure we are talking about the same thing.
Further Reading
Beginning of lecture series on core International Relations concepts. These lectures build off of the historical foundations provided in the past three weeks.
What is a
state
?
The State
Comprised of a government and all its various agencies and branches: the executive, legislative and the judicial.

Essentially 'centralised bureaucracies'
Charles Tilly & Michael Mann argument:
States make wars, and wars makes states
States collect taxes in order to wage wars
to gain more territory,
more resources,
and to protect themselves

In order to secure themselves
externally
, they need to be strong
internally
. Consider: failed states.
cf: gangsters, racketeering and illicit business
eg: Cold
war
vs World
War
vs
War
on Terror.
Key terms from last week:
Power
(influence and coercion)
Authority
(charismatic, traditional, legal-rational)
Legitimacy
(according to whom?)
Eliot Ness has the
power
and
authority
, but do his actions have
legitimacy
?
Question: How did Eliot Ness eventually get Al Capone?
States and Sovereignty
1:
States
Definitions
Types
Changes
2:
Sovereignty
Definitions
Internal/External
Positive/Negative
Treaty of Westphalia
Montevideo Convention
Characteristics of Statehood
A defined territory
A permanent population
An effective government
Capacity to enter into relations with other states
Some misconceptions
1. States "invented" in Europe
2. Treaty of Westphalia is primarily about defining statehood (its more about
sovereignty
).
"Declarative Theory"
vs "Constitutive Theory"
A state has the 4 criteria
A state is a state if other states state that a state is a state
Authoritarian
Types of States
Democratic
Totalitarian
Religious
Ideological
Authoritarianism
Monarchy
Military dictatorship (
Junta
)
One-party Rule
Liberal
Direct/Participatory
"Schumpeterian"
Weber's 3 Types of Authority
Transitional
State Changes
Peaceful
Violent
Elections
Public Protests//Riots
Coups d'etat
Revolutions
Civil War
Often a regime change is a question of
legitimacy
Definitions
"Sovereignty is the principle of supreme and unquestioned authority, reflected in the claim by the state to be the sole author of laws within its territory." (Heywood, 2014, p. 4)
Other Definitions:
Historical:
"The supreme power over citizens and subjects unrestrained by law" (Bodin, 1576)
Contemporary uses:
“Constitutionally self-contained“ (C.A.W. Manning)
“Constitutional independence" (James, 1986)
Westphalia revisited
Not the definition of 'the state',
but the recognition of
sovereignty
Relinquishing of claim to
legitimately
interfere in the domestic affairs of other states
Sets the standard for an equality of states in the system
Sovereignty contd.
Internal
"Location of supreme power/authority within the state" (Heywood, 2014, p4)
Exclusive right to legislative, executive and judicial authority within that territory
External
"Capacity of the state to act independently and autonomously on the world stage." (Heywood, 2014, p4)
Exclusive right to external representation, diplomatic and consular, bi-lateral and multi-lateral organisations e.g. seat in UN
Positive and Negative Rights
Negative
May include civil and political rights such as freedom of speech, private property, freedom from violent crime, freedom of worship, habeas corpus, a fair trial, freedom from slavery.
Positive
Other civil and political rights such as police protection, the right to counsel, as well as economic, social and cultural rights such as food, housing, public education, employment, national security, military, health care, social security, internet access, and a minimum standard of living.
Positive Sovereignty
cf. Positive & Negative rights and liberties
Legal or political sovereignty
Freedom from interference from other states
"Effective control" (Clapham, 1996, p. 15)
Not just create laws, but are able to enforce them
Strong states
Weak states
Presence of the state throughout its borders
Sovereignty contd.
Negative Sovereignty
Clapham, Christopher
. "
Degrees

of

statehood
." Review of International Studies 24, n
o. 02 (1998): 143-157.
Schrire, Robert. "The duality of globalisation: A view from the south."
Cambridge Review of International Affairs
14, no. 1 (2000): 49-66.
Tilly, Charles. 1994.
Coercion, capital, and European states: AD 990-1992
. Cambridge, Mass.: Blackwell.
Mann,Michael. 1984. "The autonomous power of the state: its origins, mechanisms and results."
European Journal of Sociology
, 25, 185-213
Positive rights usually require action, whereas negative rights usually require inaction.
A series of peace treaties signed in October 1648. These treaties ended the Thirty Years' War (1618–1648) in the Holy Roman Empire, and the Eighty Years' War (1568–1648) between Spain and the Dutch Republic.
A new political order emerged, later called Westphalian sovereignty, based upon the concept of co-existing sovereign states checked within a balance of power. A prejudice was established against interference in another nation's domestic affairs.
Created the basis for national
self-determination
.
Signed at the International Conference of American States in Montevideo, Uruguay on December 26, 1933. The treaty discusses the definition and rights of statehood.
Full transcript