British and Irish Conflict Regulation from Sunningdale to Belfast. Part II: Playing for a draw 1985–1999

Abstract. The fundamental improvement between the Sunningdale and Belfast (or Good Friday) Agreements as conflict regulation processes is the recognition of opposing nationalisms as the core cause of conflict and, by extension, the development of a more symmetrical intergovernmental relationship between British and Irish governments which maximised the basis of consent for addressing conflicting claims to national self‐determination. While the Agreement reflects a liberalisation of opposing nationalisms, it does not represent a ‘post‐nationalist’ solution; the evolution of conflict regulation from 1985 to 1998 reflects a bi‐national trend. The key to cultivating a ‘ripe moment’ for a constitutional settlement was based on the recognition that Northern Ireland's constitutional status needed to be redetermined and that the processes of self‐determination needed to address and modify ‘constitutive’ aspects of sovereignty which preceded partition, as well as ‘regulative’ aspects which have evolved since the Anglo‐Irish Agreement of 1985.     

A. V. Dicey and English constitutionalism

The jurist A. V. Dicey’s study of the Law of the Constitution (1885) has been since its publication the dominant analysis of the British constitution and the source of orthodoxy on such subjects as parliamentary sovereignty and the rule of law. This canonical status has obscured the originality of Dicey’s ideas in the history of legal and political thought. Dicey reworked the traditional idea of sovereignty into two separate concepts – legal and political sovereignty – in order to square the common law notion of the sovereignty of parliament with the democratic idea of the sovereignty of the people. He forged a new concept – ‘the rule of law’ – to explain the legal basis of liberty in common law countries in a manner that was both Benthamite and constitutionalist. Finally, he provided a democratic and anti-federalist rationale for maintaining the Union of Great Britain and Ireland. This majoritarian, centralist and utilitarian constitutionalism has been one of the most enduring products of Victorian scholarship. This article seeks to recover it in its original context and, in so doing, to show the value of reintegrating legal thought into the mainstream of modern British history and the history of political thought.     

The tyranny of transnational discourse: ‘authenticity’ and Irish diasporic identity in Ireland and England

Through the prism of current state discourses in Ireland on engagement with the Irish diaspora, this article examines the empirical merit of the related concepts of ‘diaspora’ and ‘transnationalism’. Drawing on recent research on how Irish identity is articulated and negotiated by Irish people in England, this study suggests a worked distinction between the concepts of ‘diaspora’ and ‘transnationalism’. Two separate discourses of authenticity are compared and contrasted: they rest on a conceptualisation of Irish identity as transnational and diasporic, respectively. I argue that knowledge of contemporary Ireland is constructed as sufficiently important that claims on diasporic Irishness are constrained by the discourse of authentic Irishness as transnational. I discuss how this affects the identity claims of second‐generation Irish people, the relationship between conceptualisations of Irishness as diasporic within Ireland and ‘lived’ diasporic Irish identities, and implications for state discourses of diaspora engagement.     

The 1985 Supplementary Extradition Treaty between the United States of America and the United Kingdom: an exercise in soft power

The relationship between the United States of America, the United Kingdom and the Republic of Ireland during the years of conflict in Northern Ireland has been the topic of significant scholarly literature, but rarely has this literature examined the statecraft behind US interventions in Northern Ireland in the years before the election of President Bill Clinton. In this article, I will use a range of recently declassified state papers and a series of personal interviews to examine the introduction of the 1985 Supplementary Extradition Treaty between the United States and United Kingdom and show how the British government successfully manoeuvred their American counterparts, in both the Executive and Legislative branches, towards ratification of both the extradition treaty and the Anglo-Irish Agreement Support Act of 1986.     

Sovereignty in the North Moluccas: Historical Transformations

The re-establishment of the Sultanates of Ternate and Tidore (North Moluccas) in the wake of the political decentralization in Indonesia was accompanied in 1999 by violent confrontations of Muslims and Christians, in which the Sultans reactivated their “traditional” sovereign claims on their former overseas dependencies in Halmahera. This article examines the representations and ritual exchanges, in terms of which from the mid-nineteenth century onwards sovereignty used to be conceptualized and enacted in the societies concerned. Focusing on the monetary dimensions of these models of sovereignty and tributary relations, it analyzes the interventions that were implemented successively by the Sultanate of Ternate, the Dutch Colonial Government and missionaries of the Dutch Reformed Protestant Church. It is argued that these interventions eventually resulted in transformations of the diarchically structured and cosmologically authorized models of sovereignty into religiously grounded claims at universal sovereignty, thus paving the way for inter-religious violence.     

Unsettling sovereignty: Violence,myths and the politics of history in the Ethiopian Somali metropolis

An increasingly consolidated anthropological scholarship has moved from a legal notion of sovereignty towards an analysis of its violent enactment. Yet, it has paid insufficient attention to the ways in which the idea of sovereignty forms and operates in localized political struggles. Taking seriously Bonilla’s (2017) call for the “unsettling” of sovereignty, this article scrutinizes how ideas of legitimate rule have formed around myths of violence in the capital of the Ethiopian Somali region. It uses ethnographic material to examine the politics of history around material constructions through which myths of violence are entangled with the city's landscape of memory. It reveals sovereignty in the process of formation, becoming culturally and materially grounded in the myths of violence of an emerging Somali nation within the ethnic federal Ethiopian state. This article argues that past claims to sovereignty continue to affect the politics of history, with profound consequences for ongoing nation-state building projects and the corresponding territorial imaginations. It thus highlights the inherently fragile nature of ideas of state sovereignty in the frontier metropolis. On this basis, it contributes to a geographically differentiated anthropology of sovereignty and to an understanding of its co-constitution through violence in the frontier and myths in the metropolis.     

Labour Geography of the National Question in Times of Decolonisation: Sharecropper Politics in Western Punjab,c. 1945–1953

This article examines the labour geographies of nationalism through sharecropper “articulations” of anti-colonialism. I study the Punjab Kisan (peasant) Committee at the eve and dawn of Pakistan’s independence from British colonialism. I analyse their actions and claims through newsletters, activist memoirs, and colonial reports. I situate them in relation to other social and political forces: the state, landlords, and Muslim nationalists. Whereas labour geography has often ignored nationalism, I outline an approach for the sub-field to address this gap. First, subaltern nationalisms re-articulate labour, land, gender, and religion in place-specific ways. Second, exclusionary and liberatory nationalisms are variegated responses to the dynamics of being integrated to an imperialist world-economy. This study found these multi-religious peasant committees articulated sovereignty over labour, land, and social reproduction with the national question. Further, this article contributes to the subaltern and labour historiography of Pakistan.     

A place apart? The interventions of John P. Mackintosh and Bernard Crick on Northern Ireland

This article considers the significance of the scholarly and practical engagement with the Northern Ireland problem on the part of the Scottish politician and academic John P. Mackintosh, and the academic and controversialist Bernard Crick. It is argued that they were among the few scholars and public figures outside of Northern Ireland for whom the crisis represented an opportunity to explore more searchingly issues with broader significance for the UK as a whole, particularly devolution, and for relations within and between the islands of Britain and Ireland. For both men, Northern Ireland brought into sharp focus questions of sovereignty and identity, and of constitutional reform in the UK.     

Conserving “The Ottoman(s)” at an Israeli World Heritage Site

This article explores the construction and representation of “Ottoman” heritage in Old Acre, Israel by examining one of the major texts guiding its conservation: its UNESCO World Heritage nomination file. By analyzing how this text has been animated for the tourist public through the Hammam al-Pasha tourist attraction, I demonstrate the ways in which the recognition and celebration of “Ottoman” heritage in Old Acre may actually reinforce Jewish-Israeli sovereignty over Israel/Palestine. I show how these conservation practices may undermine claims to Palestinian indigeneity at the exact moment that they acknowledge, protect, and memorialize the heritage of Israel’s cultural other.     

Developing Countries and Environmental Protection: The Effects of Ex Ante Versus Ex Post Contracting

In the 1992 Rio Earth Summit, developing countries (DCs) were adamant that in order to protect the environment for the future, new institutions were needed that would channel resources from the wealthy developed countries to the poor DCs. With this backdrop, I analyze the problem faced by an asymmetrically informed supranational governmental authority (SNGA) that wishes to design an International Environmental Agreement (IEA). The SNGA cannot contract directly with polluting firms in the various DCs; instead, the SNGA must deal with such firms through their governments. I study this tripartite hierarchical interaction and focus on the properties of the optimal ex ante and ex post IEAs, which can be implemented by the SNGA in two different scenarios. The analysis suggests that IEAs are not inherently doomed due to a basic monitoring and enforcement problem stemming from national sovereignty. Further, desirable levels of pollution abatement can result in a number of contractual settings.     

Transnational abductions and transnational responsibilities? The politics of ‘protecting’ female Muslim refugees abducted from Spain

This article examines evolving gendered protection narratives surrounding four ‘abduction’ cases in which Sahrawi refugee girls and young women living in Spain were ‘abducted’ by their birth-families and forcibly returned to the Algerian-based Sahrawi refugee camps between 2002 and 2009. By exploring Spanish state and civil society responses to these girls' ‘abductions’, I argue that there has been a major shift in the ways in which legitimate responsibility and authority over Sahrawi refugee women as Muslim female forced migrants have been conceptualised and invoked by Spanish actors. I therefore assess the gendered nature of competing claims of responsibility to ‘protect’ Sahrawi refugee women both within and outside of the Algerian-based Sahrawi refugee camps, exploring the motivations and implications of different actors' in/actions towards these girls and women. With Polisario claiming to represent and act as a liberal ‘state’ committed to protecting the rights of its ‘refugee-citizens’ in some instances, while denying politico-legal responsibility in others, the question of ‘who’ or ‘what’ claims the legitimate authority to ‘protect’ Sahrawi refugee women and girls is thus accentuated by such cases. By exploring shifts in Spanish public and political discourses of responsibility over the past decade on the one hand, and the accentuation of competing discourses as presented by Spanish, Polisario and Algerian actors on the other, this article highlights the complex nature and implications of the ‘intimate’ Spanish civil society networks that ensure the physical and political survival of the Sahrawi refugee camps. Ultimately, I argue that Sahrawi girls and women have become hypervisible in Spain, being conceptualised as women who ‘belong’ to the Spanish nation that in turn has a responsibility to ‘protect’ ‘our’ Sahrawi women from ‘their’ culture.     

A new ‘Great Schism'? Theopolitics of communion and canonical territory in the Orthodox Church

This article examines the recent ‘schism’ in Eastern Orthodoxy to show how religion and politics are strongly intertwined in disputes over territory and sovereignty. It argues that two logics are at play in this conflict: one grounded in the theological-political concept of ‘canonical territory’, the other in the notion of ‘communion’ at the basis of the Christian fellowship. The first is deployed in claims for national sovereignty as well as imperial domination, while the latter can make or break communities of faith. Drawing a parallel between the post-socialist revival of religion in Ukraine and the current mobilization on the ground, it shows how these contradictory logics shape the fate of people, churches and states.     

SIGNS OF THE TIMES: THOMAS JACKSON AND THE CONTROVERSY OVER PRODIGIES IN THE REIGN OF CHARLES I

Abstract

This article focuses on Hobbes's use of metaphor, particularly the larger structural metaphor of the artificial man in Leviathan. Hobbes claims to draw his political animal according to the figurative outlines of the natural one, despite the significant differences between these two bodies. In Part I we see the scientifically-minded Hobbes reject the old dualistic imagery of body and soul, act and will; but in Part II the politically-minded Hobbes appeals to exactly these dualistic distinctions in order to lend his radical vision of the state the numinous appeal of the medieval and Tudor formulations. An understanding of Hobbes's rhetorical strategy, and what I call his strategic use of dualism, can show how the recent linguistic turn in Hobbes studies can in fact re-open the much older debate on the overall unity of his philosophical system.     

Anglo-Iranian Treaty Negotiations: Reza Shah,Teymurtash and the British Government, 1927–32

From 1927 to 1932, wide-reaching negotiations took place between Reza Shah's court minister, ‘Abdolhossein Khan Teymurtash, and the British Legation in Tehran, the aim of which was to resolve all outstanding issues and to normalize relations between the two countries on the basis of a general treaty. This article examines these Anglo-Iranian negotiations with a particular focus on the thorniest issues—Iran's territorial claims in the Persian Gulf, particularly its claims to sovereignty over Bahrain, Abu Musa and the two Tunb islands. Though an agreement was never reached, an examination of the content and conduct of these negotiations offers some valuable insights into the unique features of Iranian nationalism and Iranian ambitions in the Persian Gulf during the Reza Shah period.     

Witchcraft,Statecraft, Mancraft: On the Demonological Foundations of Sovereignty

ABSTRACT

Questions of sovereignty remain central to political theology, yet the role played by demonology in sovereignty’s construction has yet to be closely examined. This article addresses this omission by exploring the relation between the phantasmatic figures of the “sovereign” and the “witch” in the work of Jean Bodin (1530–96). Early modern concepts of “witchcraft” and its prosecution have a constitutive relation to (theo)political sovereignty, modern gender relations, and the birth of the nation-state. Reading Bodin’s work on witchcraft alongside those on sovereignty, tolerance, and the household, I argue that the demonological witch forms a self-consolidating other at the foundation of modern constructions of sovereignty, tolerance, and the (cishetero)normative family – an excess or absence that reinforces and destabilizes gendered, sexual, political, juridical, and religious hierarchies that continue to influence the present. In doing so, I demonstrate that sovereignty rests on a demonological foundation.     

Maritime territorialisation as performance of sovereignty and nationhood in the South China Sea

The South China Sea (SCS) is a conflict‐ridden international arena of rivalry between China, the USA, India, and the other ASEAN countries over sovereignty, resources and security. In this geopolitical clash China is the dominant force and Vietnam its main challenger. While most analysts assume that the various claims to the mostly uninhabited islands are motivated by the presence of submarine mineral resources, the conflicts evoke strong nationalist feelings in Vietnam and China, fuelled by narratives of the historical presence of fisheries and navies. By analysing the tension between complex territorial claims, new technologies and forms of knowledge applied by these states to delineate their material borders on the sea and vernacular notions of social space, this paper explores how sovereignty and nationality is enacted on a day‐to‐day basis. Thus, I argue that maritime territorialisation is a paradox of treating the sea as ‘land’ produced by the performance of a socially constructed image of the state geo‐body capitalising on strong nationalistic sentiments in China and Vietnam.     

International solidarity and ethnic boundaries: using the Israeli–Palestinian conflict to strengthen ethno‐national claims in Northern Ireland

While scholars have described vertical nation‐building narratives that genealogically anchor a specific group to a specific territory (Smith 1981; Eriksen 2002), I argue that, in addition to vertical strategies, expressions of international solidarity constitute horizontal nation‐building strategies. Expressions of international solidarity can be used to maintain local ethnic boundaries and reinforce local divisions. By adopting an ally, expressions of international solidarity also designate an adversary, making the boundary between the two a possible incentive for solidarity. In Northern Ireland, some Unionist and Nationalist political entrepreneurs rely on expressions of international solidarity with Israelis or Palestinians, respectively, to make adversarial ethno‐national claims to the nation‐state. This study examines flags, graffiti, murals and political speech on display in Northern Ireland that advocate for either Israelis or Palestinians. Through the concept of ‘borrowed legitimacy’, I acknowledge the strategic use of the ethnic boundary in expressions of international solidarity.     

When Communities Collide: Competing Claims for Archaeological Objects in the Market Place

Rather than recount a specific archaeological project and its community relationships, in the following, I consider the competing claims for archaeological objects by the various groups associated with the illegal and legal trade in antiquities. For nearly a decade I have examined the efficacy of cultural heritage laws in the protection of eastern Mediterranean archaeological landscapes. More specifically, I am interested in the contentious issues surrounding legalized antiquities markets as a means of protecting the archaeological past. In order to assess the value of various legal instruments I attempt to engage with the communities who claim an interest in the buying, selling, protection or appreciation of antiquities. The list of communities is long, varied and often at odds with each other. Reconciling these competing claims is a Herculean task, but one worthy of investigation as questions of inclusion, responsibilities and ownership of cultural heritage are at the forefront of an engaged archaeology.     

De facto,displaced, tacit: The sovereign articulations of the Tibetan Government-in-Exile

Based on ethnographic research on exiled Tibetan political institutions and practices in India, this paper investigates sovereignty in exile. The Tibetan Government-in-Exile (TGiE) remains internationally unrecognised and lacks de jure sovereignty over territory in both Tibet and in exile. However, this exiled administration claims legitimacy as the official representative of the Tibetan population, performs a number of state-like functions in relation to its diasporic ‘citizenry’ and attempts to make its voice heard within the international community. Rejecting arguments that such entities should be viewed merely as discrepant forms of political practice, this paper asserts that the state, sovereignty, and territory can be conceptually disentangled, opening up the theoretical possibility of entities other than territorial states claiming sovereignty. In teasing apart and problematising constituent elements of sovereignty, this paper focuses on three aspects of the TGiE's articulations of sovereignty: its claims to and production of legitimacy, authority and de facto sovereignty; its displaced sovereignty and strategies of territorial governance over non-contiguous spaces in exile; and the mediation of its ambiguous relationship with the host state India through practices of tacit sovereignty.