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This title draws on extensive research from four plurinational states - the United Kingdom, Spain, Belgium, and France - to provide a radical rethink of the very nature of sovereignty and the state.
Gibraltar is an Overseas Territory of the UK within the EU, which has for three centuries been at the centre of a dispute between Britain and Spain, a dispute based on traditional perceptions of sovereignty. Hitherto the dispute has been managed in a predominantly bilateral way, but this has prevented the people of Gibraltar having an equal say on the issue of Gibraltar's sovereignty and decolonisation. It has produced a paradox of governance and constitutionalism that encases the Gibraltar people. This book considers the effects of sovereignty and the culture of bilateralism on the dispute, and examines the resulting deficits of governance and democracy. In assessing the evolution of the themes underlying the dispute it asks how its resolution might be facilitated by the application of ideas drawn from the modern legal context of late sovereignty, pluralism and stateless nationalism, suggesting that a productive trilateral approach and recognition of the legal and societal context could enable an enduring settlement. The author marries theories from international relations, constitutional law and public international law in the context of modern literature on sovereignty and nationalism, applying these theories to the case-study of Gibraltar with emphasis on constitutionalism in its international and EU context to produce a ground-breaking addition to the literature on stateless nationalism, late sovereignty and constitutional pluralism. As such it also complements recent studies of sub-state societies, regions or nations within Europe and elsewhere, including Catalunya, the Basque Country and Scotland and Wales, and in the broader Commonwealth context, other British overseas territories. This book will be of interest to lawyers, political scientists, constitutional historians and constitutionalists.
"This volume represents the culmination of over a decade of research, planning, organization, and implementation as an updated and expanded sequel to the Encyclopedia of Stateless Nations: Ethnic and National Groups around the World, which was published in 2002. ... This encyclopedia was prepared to provide readers with an easy-to-use guide to the ethnic and national groups seeking recognition, autonomy, or independence in our complicated contemporary world. The encyclopedia is presented as a quick reference to the confusing issues of national identity, religious and ethnic relations, regional conflicts, and immigration that are important factors in all levels of national and international politics."--Preface, page xi.
The story of how a much-contested legal category—statelessness—transformed the international legal order and redefined the relationship between states and their citizens. Two world wars left millions stranded in Europe. The collapse of empires and the rise of independent states in the twentieth century produced an unprecedented number of people without national belonging and with nowhere to go. Mira Siegelberg’s innovative history weaves together ideas about law and politics, rights and citizenship, with the intimate plight of stateless persons, to explore how and why the problem of statelessness compelled a new understanding of the international order in the twentieth century and beyond. In the years following the First World War, the legal category of statelessness generated novel visions of cosmopolitan political and legal organization and challenged efforts to limit the boundaries of national membership and international authority. Yet, as Siegelberg shows, the emergence of mass statelessness ultimately gave rise to the rights regime created after World War II, which empowered the territorial state as the fundamental source of protection and rights, against alternative political configurations. Today we live with the results: more than twelve million people are stateless and millions more belong to categories of recent invention, including refugees and asylum seekers. By uncovering the ideological origins of the international agreements that define categories of citizenship and non-citizenship, Statelessness better equips us to confront current dilemmas of political organization and authority at the global level.
The pacifist, the anarchist, and the cosmopolitan all struggle with the demands of citizenship. Their hopes – for tolerance, nonviolent social change, and a society ordered by personal responsibility – are routinely dashed by civic obligations to support militarism, parochialism, and a society ordered by threat of force. Fortunately for these idealists, the institution of citizenship is under review. Alternatives such as global citizenship and post-national citizenship are enjoying renewed attention. Of particular interest is the option of statelessness. To be stateless is to be a citizen of no country, a subject of no government, a member of no state. Statelessness exists in two forms. The unintentionally stateless person lacks citizenship status against her will. She is an alien in search of a state. The intentionally stateless person lacks citizenship status on purpose. She elects to be both sovereign and alien – she is a "sovrien." While scholars and jurists have extensively examined unintentional statelessness, they have all but ignored its counterpart. The Sovrien explores this void and considers the possibility that one might choose to live as a citizen of no country. The Sovrien proposes that the choice to be stateless is a legitimate and reasonable option. This work examines: the arguments for and against the existence of a right to be stateless, the advantages and disadvantages of being a sovrien, the process of exercising one's right to be stateless, government attempts to restrict the right to be stateless, and the rights and responsibilities of sovriens.
State sovereignty is the foundation of international relations. This thought-provoking book explores the gap between seeing sovereignty as either absolute or relative. It argues that state sovereignty is both factual and judicial and that the 'loss' of sovereignty exists only at the margins of the international society. With many interesting real-world examples of ambiguous sovereignty examined, this is an important argument against those who are quick to claim that 'sovereignty' is under assault.