Sovereignty Under Challenge: How Governments RespondSovereignty-the authority of a state to wield ultimate power over its territory, its citizens, its institutions-is everywhere undergoing change as states respond in various ways to the challenges posed, from above and below. "Above" the state is the widening net of international institutions and treaties dealing with human rights, trade, investment, and monetary affairs; and "below" it are rising claims within states from long-resident groups discontented with the political order and from new migrants testing its authority. Sovereignty under Challenge deals with a range of such challenges and responses, analyzed in authoritative studies by leading scholars. The introductory chapter sets forth the theme that sovereignty is asserted clearly, but often unpredictably, when governments respond to challenge. It suggests ways of classifying these responses as variables that help explain the changing nature of sovereignty. Part 1, "The Citizen and the State," treats the rising tide of dual citizenship and the concerns this arouses in the United States; the work of national human rights commissions in Asia; and the challenge posed to the state by the Falungong movement in China. The two chapters in Part 2, "The Government as Decision-Maker," examine Japan's response to global warming and the problems of the World Health Organization in orchestrating collaboration among Southeast Asian states in implementing infectious disease control. Part 3, "Sovereignty and Culture," looks at conflicts engendered by outside change on indigenous economic, cultural, and legal institutions in India, Fiji, Indonesia, and Malaysia. The chapters in Part 4, "Sovereignty and the Economy," analyze the economic and cultural instability induced by Chinese migration to Russia's far east; the impact on state sovereignty brought about by transnational regulatory campaigns and social activism; the question of indigenous land rights in the Philippines; and the impact of transnational corporations on information technology in Asia. A concluding chapter offers a global assessment of the current status of state sovereignty. John D. Montgomery, director of the Pacific Basin Research Center of Soka University of America, is also Ford Foundation Professor of International Studies, Emeritus, at Harvard University. He is the author of Forced to Be Free, The Artificial Revolution in Germany and Japan, The Politics of Foreign Aid: American Experience in Southeast Asia, and Aftermath: Tarnished Outcomes of American Foreign Policy. Nathan Glazer is Professor of Education and Sociology, Emeritus, at Harvard University. He is co-editor of the journal The Public Interest and the author most recently of The Limits of Social Policy and We Are All Multiculturists Now. |
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Contents
3 | |
Dual Citizenship as a Challenge to Sovereignty | 33 |
National Human Rights Commissions in Asia | 55 |
Falungong and Regulatory | 83 |
Japans Changing Response | 109 |
Orchestrating Collaboration Among Contending | 143 |
India TRIPS and the WTO | 167 |
Domesticating Foreign Ideas in the Adoption of | 197 |
Economic Interest | 261 |
Doing Well by Doing Good? Transnational | 291 |
Who Controls the | 321 |
The Challenges of | 345 |
Conclusion | 366 |
Alive and Well | 375 |
About the Authors | 391 |
Judicial Process and Dilemmas of Legitimacy | 221 |
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Page 111 - States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.
Page 191 - Commonwealth ; which, to define it, is one person, of whose acts a great multitude, by mutual covenants one with another, have made themselves every one the author, to the end he may use the strength and means of them all, as he shall think expedient, for their peace and common defence.
Page 112 - Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely...
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Page 183 - Every State has the duty to carry out in good faith its obligations arising from treaties and other sources of international law, and it may not invoke provisions in its constitution or its laws as an excuse for failure to perform this duty.
Page 323 - All agricultural, timber, and mineral lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, and other natural resources of the Philippines belong to the State...
Page 38 - Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition of this principle this government has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their...