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The background art you see is part of a stained glass depiction by Marc Chagall of The Creation. An unknowable reality (Reality 1) was filtered through the beliefs and sensibilities of Chagall (Reality 2) to become the art we appropriate into our own life(third hand reality). A subtext of this blog (one of several) will be that we each make our own reality by how we appropriate and use the opinions, "fact" and influences of others in our own lives. Here we can claim only our truths, not anyone else's. Otherwise, enjoy, be civil and be opinionated! You can comment by clicking on the blue "comments" button that follows the post, or recommend the blog by clicking the +1 button.

Thursday, May 24, 2012

Sovereignty and the Future

A long-ago teacher of mine, a distinguished historian of the English Renaissance, liked to say that the Middle Ages ended in England at 2:30pm on April 9,1434 (or thereabouts – I’m vague on dates).  That was when Parliament ruled that acts of piracy committed on the high seas by priests should be tried under civil rather than canon law.  By that act, Parliament had redefined English sovereignty to exclude the powers of the Church, transforming English sovereignty from a subdivision of the universal sovereignty of the Church to a strictly territorial claim of supreme jurisdiction over the British Isles. Before then, a Holy Roman Emperor crawled through the snow at Canossa to be pardoned by the Pope, England was put under Papal Interdict for the slaying of Thomas Becket, and the Church decided whether it or the civil authorities should try cases.  My teacher’s observation was perhaps the only reference I heard over many courses to the real nature of sovereignty.
Back then, topics like sovereignty, or sovereign state were never actually discussed.   I’ve found out since then that it’s because no one seems to understand or agree about what they really mean.  They are an amorphous cloud that shifts and changes over time. A medieval king shared territory with his barons and had no exclusive control of it. He was in some ways subordinate to the church, in other ways its co-equal, and often its rival.  He enforced not just laws, but customs also.  His face was on coinage and the face changed with each new king.  He was not sovereign in the way we think of it now, and even today, U.S. sovereignty as defined under the Constitution is not the same sovereignty enjoyed by a Saudi monarch, who remains subject to Sharia, not secular law.  China routinely exiles dissidents, a sovereign power specifically rejected in our Constitution.  So the next time a senator gets up and goes on about some proposal violating our sovereign rights, for example the Kyoto Treaty or The Law of the Seas or the International Criminal Court, ask him (if only you could) just what he means.  It might prove interesting.
Sovereignty involves of course the question of just who is in charge of the whole mess and responsible for fixing it, or at least major parts of it. I’ve been interested in it lately as I ponder the shifting responsibilities of governments, alliances, corporations and just ordinary people to make the world a little better place.  We are rapidly transforming the planet through globalization of commerce, instant communication, international terrorism, global climate change, migration, etc., into a place that could not be recognized by our grandparents.  One of the hazards we face with such rapid change is unplanned entrenchment of notions, practices, institutions, infrastructure, etc., that inhibit our futures and the futures of our own grandchildren.  
An idea being circulated these days is the obsolescence of the sovereign state, e.g., the U.S. or Russia or Germany, as something no longer able to cope with the complexities of a truly global environment. The proposition is that its powers are rapidly being eroded away until the nation state as we knew it becomes at best only a puppet for institutions newly evolving from international bodies, multi-national corporations, etc.  Of course that raises the question of erosion versus natural evolution of functions as times change.  When I was growing up, they used to grumble that the United Nations was going to take over everything.  The erosion of sovereignty idea is a lot like that, only a lot more sophisticated, and possibly a lot truer.  And if sovereign states do fade into unimportance, what will replace them?  They provide a territorial base for provision of goods and services that we collectively call government.  Their historical importance has been as protector and nurturer of individuals in a world that otherwise sees them only for their utilitarian value, and as enablers for the voice of the individual to be heard.  The policy-making decision process now seems ground to a halt by continuing partisan impasse, we are relying more and more on the power of non-territorial social networks to make ourselves heard, and governments are contracting out goods and services to private corporations.  If that’s our future, will our grandchildren be better off for it?
So then, what are those sovereign powers being eroded away, and how does it happen?  Bear with me on this, for I’m organizing myself for a trek that will lead directly to issues like European debt, and what to do about climate change and other less abstract topics, in subsequent posts.  After searching vainly for one on the net, I’ve cobbled together the following list.  I believe all sovereign powers, past and present,  can be found under this list, but if there’s one I missed, let me know. 
SOVEREIGN POWERS
Legitimate (i.e., recognized) and exclusive right to:
Acquire and hold territory subject to exclusive jurisdiction
Control access to its territory via immigration, emigration and exile
Exercise coercive force including execution,  for defense and police
Establish rules for citizenship and personhood.
Make rules, laws and regulations superior to those of any subdivision
Enter into agreements with other sovereign states or declare war with them
Appoint representatives of the sovereign authority and delegate limited powers to them
Coin, regulate the value and require use of money (“legal tender”)
Provide for and regulate shared facilities for transportation and communication
Regulate commerce internally and with other sovereign states
Secure the natural, legal and customary rights of persons and citizens subject to the sovereign authority
Exercise inherent powers required for carrying out listed powers (e.g., collection of revenue).
Note that under my definition, sovereignty responsibility includes things like promoting the general welfare and securing the blessings of liberty to the extent they are recognized as the rights of persons or citizens. That’s a heritage of our western European culture not necessarily found in other parts of the world, before now.  That’s why nations like Syria or Afghanistan seem to us to be failing in their responsibilities; they don’t have the same concept of the rights of the individual as ours.  A law protecting the rights of women is not going to happen until there is a societal sense that women have rights which must be respected; heresy and dissent are punishable crimes so long as there is a societal belief that error has no rights.  Part of the chaos on the international scene from things like the Arab spring and the occupy movements arises from the introduction via international communications of new ideas about rights into societies without the sovereign structures to support them.  A new concept, the responsibility to protect, the basis for United Nations actions against Libya and Syria, implies a right of citizens to be protected against excessive exercise of sovereign power; that right is still not accepted as legitimate by nations like China and Russia, so there is no law against use of excessive force.
My belief is that many of the current crises around the world, from European debt to third world starvation to international terrorism, have as a root cause either the erosion of sovereignty or the inadequacies of traditional sovereignty to handle complex changes in the global world.  That is, our concepts of the location and powers and responsibilities of so called sovereign authority are outdated and must be redefined for a global age.  Otherwise, we throw up our hands and feel powerless to find solutions.  Solutions of global issues will require a better understanding of just who is responsible for what.  Subsequent posts will include my little attempts to contribute to the process by looking at the crises through the lens of sovereign powers and responsibilities, focusing on just a few of them that, in my view,  have special weight in our current global environment.

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