Sovereignty: Interpretations

This study involves a re-examination of sovereignty in relation to the domestic and international spheres of activity and highlights the ethical imperatives embedded in the concept. It argues that the implications of sovereignty are essentially democratic

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Jo-Anne Pemberton

Sovereignty: Interpretations

Also by Jo-Anne Pemberton GLOBAL METAPHORS Modernity and the Quest for One World

Sovereignty: Interpretations Jo-Anne Pemberton Senior Lecturer School of Social Sciences and International Studies University of New South Wales, Australia

© Jo-Anne Pemberton 2009 Softcover reprint of the hardcover 1st edition 2009 978-1-4039-3582-3 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6-10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted her right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2009 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN 978-1-349-51823-4 ISBN 978-0-230-58194-4 (eBook) DOI 10.1057/9780230581944

This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data Pemberton, Jo-Anne. Sovereignty : interpretations / Jo-Anne Pemberton. p. cm. Includes bibliographical references and index. 1. Sovereignty. I. Title. JC327.P38 2008 320.1′5–dc22 2008025819 10 18

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For my mother.

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Contents Preface

viii

1

Introduction

1

2

The Municipal Realm

16

3

The International Arena

54

4

From Imperial to Post-Imperial Sovereignty

86

5

Sovereignty, Self-Determination and the Rights of Indigenous Peoples

125

6

The European Union: Sovereignty in the Twilight Zone

166

7

The State and War

188

8

Conclusion

212

Notes

216

Bibliography

251

Index

269

vii

Preface I am considerably indebted to a number of people who have supported me in preparing this manuscript. My colleague in Sydney, Helen Pringle has provided enormous encouragement and I have gained much enlightenment on the fi