Professor Henry Srebrnik

Professor Henry Srebrnik

Monday, April 22, 2013

What Constitutes Sovereignty in Today's World?

Henry Srebrnik, [Summerside, PEI] Journal Pioneer

We think of nations as being either independent or not. But in actual fact, some jurisdictions that are not entirely sovereign possess many -- in some cases most -- of the attributes of statehood.

They are to all intents and purposes independent actors in the global community, unconstrained by the fact that they are legally still bound to some other entity. But for a variety of economic, ethnic, geographic or political reasons, they choose not to become fully sovereign states. Most are small islands.

This is the case with many British territories, such as Bermuda and the Isle of Man. These islands run their own show with virtually no interference from London. Denmark allows the Faroe Islands and Kalaallit Nunaat (Greenland) complete autonomy. The Swedish-speaking Aland archipelago is part of Finland, but enjoys a high degree of “home rule.”

Caribbean islands such as Aruba and CuraƧao are constituent self-governing units of the Kingdom of the Netherlands. The African island of Zanzibar in the Indian Ocean, which united with mainland Tanganyika in 1964, is a self-governing region that elects its own president, who has control over internal matters.

The Caribbean island of Puerto Rico has the anomalous status of a “Commonwealth.” Its inhabitants are American citizens but it has no representation in the U.S. Congress. Whereas some Puerto Ricans wish to opt for full independence, others would like to see the island become the 51st American state.

Even more curious is the relationship between the U.S. and three former island chains in the Pacific that it governed as United Nations trusteeships. Now fully sovereign states, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, have entered into Compacts of Free Association (COFAs) with the United States.

These allow the U.S. to station armed forces in Compact areas; Washington is also responsible for administering all international defense treaties and other relations. In turn, the U.S. provides financial assistance and access to many U.S. domestic programs. Citizens of these three countries are also able to work in the U.S.

Queen’s University political scientist Ronald Watts has noted that some 87 islands or archipelagoes are involved in some combination of autonomous self-government combined with formal collaboration in a wider political partnership.

Such mutual interdependence may be more suitable for many islands. The trick, he maintains, is to find the appropriate collaborative institutions and processes that take into account the circumstances of each case, thus surmounting the limitations of the independence/dependence dichotomy.

In federations, of course, there is a constitutional division of powers. The self-governing status of the component units, as well as the division of power between them and the central government, are typically constitutionally entrenched and may not be altered by a unilateral decision of either party.

Federations often include members that have a very powerful sense of their own identity, and which may even at one time have been countries – for instance, Quebec in Canada, Bavaria in Germany, and Texas in the United States. Devolution in the United Kingdom has given Scotland and Wales their own assemblies.

Really, sovereignty exists on a continuum, rather than being a binary “yes” or “no” attribute.

I’ve come up with what I call a “sovereignty index” which can be used to establish the degree of independence which a sub-unit of a larger state possesses. These are the variables:

The degree of constitutionally entrenched jurisdictional autonomy the entity is accorded, including executive powers, legislative powers, and judicial powers, including control over the legal system, both civil and criminal.

The territory’s ability to engage in autonomous relations with other jurisdictions, including the ability to sign international agreements and have representation abroad.

Its right to a separate electoral system and political parties.

The degree of control it has over the following:

Customs, duties, taxation and other revenues and fiscal resources; banking and insurance; the currency; international trade; the environment and natural resources (including offshore resources); citizenship, immigration, and rights of residency; land ownership and use; aviation, communications, postal services and transportation; defence, foreign affairs and security; culture and language; education and institutions of higher learning.

And, perhaps most important, the population’s sense of a distinct identity and shared history.

The diverse forms of governance around the world are more complex than is often realized.

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