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Federal Ground depicts the haphazard and unplanned growth of federal authority in the Northwest and Southwest Territories, the first U.S. territories established under the new territorial system. The nation's foundational documents, particularly the Constitution and the Northwest Ordinance, placed these territories under sole federal jurisdiction and established federal officials to govern them. But, for all their paper authority, these officials rarely controlled events or dictated outcomes. In practice, power in these contested borderlands rested with the regions' pre-existing inhabitants-diverse Native peoples, French villagers, and Anglo-American settlers. These residents nonetheless turned to the new federal government to claim ownership, jurisdiction, protection, and federal money, seeking to obtain rights under federal law. Two areas of governance proved particularly central: contests over property, where plural sources of title created conflicting land claims, and struggles over the right to use violence, in which customary borderlands practice intersected with the federal government's effort to establish a monopoly on force. Over time, as federal officials improvised ad hoc, largely extrajudicial methods to arbitrate residents' claims, they slowly insinuated federal authority deeper into territorial life. This authority survived even after the former territories became Tennessee and Ohio: although these new states spoke a language of equal footing and autonomy, statehood actually offered former territorial citizens the most effective way yet to make claims on the federal government. The federal government, in short, still could not always prescribe the result in the territories, but it set the terms and language of debate-authority that became the foundation for later, more familiar and bureaucratic incarnations of federal power.
The Government of Natural Resources explores scientific and technical activity in Quebec from Confederation until the eve of the Second World War. Scientific and technical personnel are an often quiet presence within the state, but they play an integral role. At the turn of the twentieth century, the provincial government created geology, forestry, fishery, and agronomy services. These new services drew from recently established university technical programs to amass a corps of skilled employees to support their mission: exploiting resources and occupying territory. Stéphane Castonguay traces the history of mining, logging, hunting, fishing, and agriculture in Quebec to reveal how territorial and environmental transformations thus became a tool of government. By helping to define and shape such interventions, scientific activity contributed to state formation and expanded administrative capacity. The lessons that this thoughtful reconceptualization of resource development offers reach well beyond provincial borders.
In Territories of Difference, Arturo Escobar, author of the widely debated book Encountering Development, analyzes the politics of difference enacted by specific place-based ethnic and environmental movements in the context of neoliberal globalization. His analysis is based on his many years of engagement with a group of Afro-Colombian activists of Colombia’s Pacific rainforest region, the Proceso de Comunidades Negras (PCN). Escobar offers a detailed ethnographic account of PCN’s visions, strategies, and practices, and he chronicles and analyzes the movement’s struggles for autonomy, territory, justice, and cultural recognition. Yet he also does much more. Consistently emphasizing the value of local activist knowledge for both understanding and social action and drawing on multiple strands of critical scholarship, Escobar proposes new ways for scholars and activists to examine and apprehend the momentous, complex processes engulfing regions such as the Colombian Pacific today. Escobar illuminates many interrelated dynamics, including the Colombian government’s policies of development and pluralism that created conditions for the emergence of black and indigenous social movements and those movements’ efforts to steer the region in particular directions. He examines attempts by capitalists to appropriate the rainforest and extract resources, by developers to set the region on the path of modernist progress, and by biologists and others to defend this incredibly rich biodiversity “hot-spot” from the most predatory activities of capitalists and developers. He also looks at the attempts of academics, activists, and intellectuals to understand all of these complicated processes. Territories of Difference is Escobar’s effort to think with Afro-Colombian intellectual-activists who aim to move beyond the limits of Eurocentric paradigms as they confront the ravages of neoliberal globalization and seek to defend their place-based cultures and territories.
Governing Indigenous Territories illuminates a paradox of modern indigenous lives. In recent decades, native peoples from Alaska to Cameroon have sought and gained legal title to significant areas of land, not as individuals or families but as large, collective organizations. Obtaining these collective titles represents an enormous accomplishment; it also creates dramatic changes. Once an indigenous territory is legally established, other governments and organizations expect it to act as a unified political entity, making decisions on behalf of its population and managing those living within its borders. A territorial government must mediate between outsiders and a not-always-united population within a context of constantly shifting global development priorities. The people of Rukullakta, a large indigenous territory in Ecuador, have struggled to enact sovereignty since the late 1960s. Drawing broadly applicable lessons from their experiences of self-rule, Juliet S. Erazo shows how collective titling produces new expectations, obligations, and subjectivities within indigenous territories.
Territory and Power in the United Kingdom is about the nature of the UK state, where it came from and where it is going. Bulpitt sought to summarise the political code and statecraft that has helped govern the territories of the United Kingdom for much of the twentieth century, though it had its antecedents many years before. He provides an account of its emergence, operation and decline, which summarises an important phase in the United Kingdom's history and marks out why the country stood out from its continental neighbours in terms of its territorial organisation and state tradition. This ECPR Classics edition includes a new introduction by Peter John placing this important, classic work in a current context.
The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.
This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.