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American Sovereigns: The People and America's Constitutional Tradition Before the Civil War challenges traditional American constitutional history, theory and jurisprudence that sees today's constitutionalism as linked by an unbroken chain to the 1787 Federal constitutional convention. American Sovereigns examines the idea that after the American Revolution, a collectivity - the people - would rule as the sovereign. Heated political controversies within the states and at the national level over what it meant that the people were the sovereign and how that collective sovereign could express its will were not resolved in 1776, in 1787, or prior to the Civil War. The idea of the people as the sovereign both unified and divided Americans in thinking about government and the basis of the Union. Today's constitutionalism is not a natural inheritance, but the product of choices Americans made between shifting understandings about themselves as a collective sovereign.
The Last Sovereigns is the story of how Sioux chief Sitting Bull resisted the white man’s ways as a last best hope for the survival of an indigenous way of life on the Great Plains—a nomadic life based on buffalo and indigenous plants scattered across the Sioux’s historical territories that were sacred to him and his people. Robert M. Utley explores the final four years of Sitting Bull’s life of freedom, from 1877 to 1881. To escape American vengeance for his assumed role in the annihilation of Gen. George Armstrong Custer’s command at the Little Bighorn, Sitting Bull led his Hunkpapa following into Canada. There he and his people interacted with the North-West Mounted Police, in particular Maj. James M. Walsh. The Mounties welcomed the Lakota and permitted them to remain if they promised to abide by the laws and rules of Queen Victoria, the White Mother. But the Canadian government wanted the Indians to return to their homeland and the police made every effort to persuade them to leave. They were aided by the diminishing herds of buffalo on which the Indians relied for sustenance and by the aggressions of Canadian Native groups that also relied on the buffalo. Sitting Bull and his people endured hostility, tragedy, heartache, indecision, uncertainty, and starvation and responded with stubborn resistance to the loss of their freedom and way of life. In the end, starvation doomed their sovereignty. This is their story.
How do people improvise political communities in the face of state collapse—and at what cost? Street Sovereigns explores the risks and rewards taken by young men on the margins of urban Haiti who broker relations with politicians, state agents, and NGO workers in order to secure representation, resources, and jobs for themselves and neighbors. Moving beyond mainstream analyses that understand these groups—known as baz (base)—as apolitical, criminal gangs, Chelsey Kivland argues that they more accurately express a novel mode of street politics that has resulted from the nexus of liberalizing orders of governance and development with longstanding practices of militant organizing in Haiti. Kivland demonstrates how the baz exemplifies an innovative and effective platform for intervening in the contemporary political order, while at the same time reproducing gendered and generational hierarchies and precipitating contests of leadership that exacerbate neighborhood insecurity. Still, through the continual effort to reconstitute a state that responds to the needs of the urban poor, this story offers a poignant lesson for political thought: one that counters prevailing conceptualizations of the state as that which should be flouted, escaped, or dismantled. The baz project reminds us that in the stead of a vitiated government and public sector the state resurfaces as the aspirational bedrock of the good society. "We make the state," as baz leaders say.
The contemporary organization of global violence is neither timeless nor natural, argues Janice Thomson. It is distinctively modern. In this book she examines how the present arrangement of the world into violence-monopolizing sovereign states evolved over the six preceding centuries.
In many accounts of Native American history, treaties are synonymous with tragedy. From the beginnings of settlement, Europeans made and broke treaties, often exploiting Native American lack of alphabetic literacy to manipulate political negotiation. But while colonial dealings had devastating results for Native people, treaty making and breaking involved struggles more complex than any simple contest between invaders and victims. The early colonists were often compelled to negotiate on Indian terms, and treaties took a bewildering array of shapes ranging from rituals to gestures to pictographs. At the same time, Jeffrey Glover demonstrates, treaties were international events, scrutinized by faraway European audiences and framed against a background of English, Spanish, French, and Dutch imperial rivalries. To establish the meaning of their agreements, colonists and Natives adapted and invented many new kinds of political representation, combining rituals from tribal, national, and religious traditions. Drawing on an archive that includes written documents, printed books, orations, landscape markings, wampum beads, tally sticks, and other technologies of political accounting, Glover examines the powerful influence of treaty making along the vibrant and multicultural Atlantic coast of the seventeenth century.
The past decade has seen a veritable explosion of investment treaty and other arbitration claims brought against sovereigns. Many of those cases have been filed before the International Centre for Settlement of Investment Claims (ICSID), which has its own self-contained rules for enforcement. Given this significant increase in sovereign cases and the issues attendant to sovereign immunity, this treatise is timely in addressing the various issues that arise in enforcing arbitral awards against sovereigns. One of the first questions posed to their counsel by clients considering the initiation of an arbitration proceeding against a sovereign state is whether and how the resulting award can be enforced. The origin of the client’s question is usually based in some knowledge that a state possesses sovereign immunity, along with an uncertain concern about the exceptions to such immunity and the difficulties of enforcement against a sovereign’s assets. This uncertainty is understandable, especially in light of the sometimes confusing and even contradictory court decisions in certain jurisdictions. It is these inquiries in their broadest application that form the subject of this treatise. With contributions by eminent and experienced practitioners of the multiple issues that have arisen in various jurisdictions and the key cases that have created the law of enforcement of obligations against sovereigns, this book will provide access to valuable information, add to the transparency of this subject and further spur the consistent development of this area of law. This book is divided into three parts. The first part is general in nature and includes chapters encompassing the subjects of sovereign immunity in general (including both immunity from jurisdiction and immunity from enforcement), treaty obligations to honor awards, diplomatic protection by a claimant’s government to obtain payment of awards, and conciliation and settlement. The second part of the book deals with the means of enforcing awards. Part three of this treatise addresses the enforcement issues that arise in specific jurisdictions in which enforcement against sovereign assets is often sought - in particular, the United States, the United Kingdom, Switzerland, France, The Netherlands, and South America.
The presence of Great Powers and outlaw states is a central but under-explored feature of international society. In this book, Gerry Simpson describes the ways in which an international legal order based on 'sovereign equality' has accommodated the Great Powers and regulated outlaw states since the beginning of the nineteenth-century. In doing so, the author offers a fresh understanding of sovereignty which he terms juridical sovereignty to show how international law has managed the interplay of three languages: the languages of Great Power prerogative, the language of outlawry (or anti-pluralism) and the language of sovereign equality. The co-existence and interaction of these three languages is traced through a number of moments of institutional transformation in the global order from the Congress of Vienna to the 'war on terrorism'.