Article contents
Negative sovereignty in sub-Saharan Africa
Published online by Cambridge University Press: 26 October 2009
Extract
Martin Wight once compared ‘the increasing number of small states which are the debris of colonial empires’ to ‘the increasing number of small principalities’ of an earlier period in international history which were ‘the debris of feudalism’. The citystates, monarchies, republics, confederations and various other emergent states of Europe eventually found an alternative to the mediaeval societas Christiana on which their independence and intercourse could be legitimately based. This was, of course, the practice of dynastic legitimacy or what Burke glorified as ‘prescription’: the right of inherited and established states to international recognition which sufficed as the constitution of European international society until the French revolution. Burke invoked it to condemn the revolution and justify foreign intervention not only to destroy the Jacobins and restore the monarchy but also to defend ‘the college of the ancient states of Europe’.3 It was a lost cause.
- Type
- Research Article
- Information
- Copyright
- Copyright © British International Studies Association 1986
References
1. Wight, Martin., Power Politics (henceforth Power) (Harmondsworth, 1979), p. 61.Google Scholar
2. European international society was also built on a balance of power, of course. Power is not a moral category, however, and its balance is not therefore an institution of international legitimacy properly speaking. See Oakeshott, Michael.‘The Vocabulary of a Modern European State’, Political Studies, XXIII (1975), pp. 319–341CrossRefGoogle Scholar.
3. Rafferty, F. W. (ed.), The Works of Edmund Burke, VI (henceforth Works) (Oxford, 1928), p. 244Google Scholar.
4. See Vincent, R. J., ‘Edmund Burke and the Theory of International Relations’, Review of International Studies, 10 (1984), p. 215.CrossRefGoogle Scholar
5. Martin Wight defines international legitimacy as ‘the collective judgement of international society about rightful membership of the family of nations; how sovereignty may be transferred; and how state succession is to be regulated, when large states break up into smaller, or several states combine into one.’ Systems of States (henceforth Systems) (London, 1977), p. 153.Google Scholar
6. Brownlie, Ian.Principles of Public International Law, Third ed. (henceforth Principles) (Oxford, 1979), p. 515Google Scholar.
7. For a concise overview see Lyon, Peter, ‘New States and International Order’, in James, Alan (ed.), The Bases of International Order (London, 1973), pp. 24–59Google Scholar.
8. ‘Giving Themselves Heirs’, The Economist (October 26, 1985)Google Scholar.
9. Wight, Systems, op. cit. note 5, pp. 166, 168.
10. Jennings, Sir Ivor, The Approach to Self-Government (Boston, 1956), p. 56Google Scholar. James Mayall discusses this problem in ‘Self-Determination Reconsidered: Should There Be a Right to Secede’. (Delivered at the International Political Science World Congress, Paris, 15–20 July 1985.)
11. Halle, Louis J., Men and Nations (Princeton, 1962), pp. 33–38CrossRefGoogle Scholar.
12. Namier, Sir Lewis, Vanished Supremacies: Essays oh European History, 1812–1918 (New York, 1963), pp. 32Google Scholar, 34.
13. Wight, Power, op. cit. note 1, p. 27 (original emphasis).
14. Namier, op. cit., note 12, p. 33.
15. Mazzini quoted in Kavan, Zdenek, ‘Human Rights and International Community’, in Mayall, James (ed.), The Community of States (London, 1982), p. 134Google Scholar.
16. Murdock, George P., Africa: Its Peoples and Their Cultural History (New York, 1959)Google Scholar.
17. Robinson, Kenneth. ‘Autochthony and the Transfer of Power’, in Robinson, K. and Madden, F. (eds.), Essays in Imperial Government Presented to Margery Perham (Oxford, 1963), pp. 249–287Google Scholar.
18. Awolowo, Obaferni, Path to Nigerian Freedom (London, 1947), p. 47.Google Scholar
19. Wight, Martin, The Gold Coast Legislative Council (London, 1947), p. 110.Google Scholar
20. See Hodgkin, Thomas, African Political Parties (Harmondsworth, 1961)Google Scholar and Morgenthau, R. S., Political Parties in French-Speaking West Africa (Oxford, 1964)Google Scholar.
21. Lipset, S. M., The First New Nation (New York, 1965)Google Scholar.
22. Wight, M., British Colonial Constitutions 1947 (Oxford, 1952)Google Scholar, ch. 1.
23. Recently it has been challenged in Canada in the form of native land claims which either ignore or deny the legality of the Canadian states to lands inhabited by native peoples which is a legal right of succession from Great Britain.
24. Mestizo populations formed in Portuguese Africa and also in South Africa—the coloured population. In the former they not only sided with but frequently led the anti-colonial movements. In the latter they are defined as non-white by apartheid.
25. Latham, R. T. E., ‘The Law and the Commonwealth’, in Hancock, W. K. (ed.), Survey of British Commonwealth Affairs, Vol. 1: Problems of Nationality (London, 1937), pp. 516–517Google Scholar.
26. Wight, Systems, op. cit. note 5, pp. 168–72. The notion of ‘territorial vicinage’ is from Burke, ‘First Letter on a Regicide Peace’, Works, VI, op. cit. note 3, p. 159.
27. Mazrui, Ali A., Towards a Pax Africana (London, 1967)Google Scholar, ch. 2.
28. Jennings, Sir Ivor, The British Commonwealth of Nations (London, 1961), p. 34Google Scholar. It is important to note that the African National Congress (ANC) officially advocates multiracialism.
29. Quoted in Cervenka, Zdenek, The Unfinished Questfor Unity: Africa andthe OAU (NewYork, 1977), p. 9Google Scholar.
30. Wight, Systems, op. cit. note 5, pp. 170–72.
31. Mazrui, op. cit., note 27, p. 12.
32. Cervenka, op. cit., note 29, p. 77.
33. Quoted by Legum, Colin (ed.), Africa Contemporary Record: Annual Survey and Documents 1979–80 (New York, 1981), p. A62Google Scholar.
34. The key article of the OAU Charter—Article III—identifies the basic rules of forebearance, including: ‘1. The Sovereign equality of all Member States; 2. Non-interference in the internal affairs of States; 3. Respect for the sovereignty and territorial integrity of each state and for its inalienable right to independent existence; 4…; 5. Unreserved condemnation, in all its forms, of political assassination as well as subversive activities…’ See Brownlie, Ian (ed.), Basic Documents on African Affairs (Oxford, 1971), p. 3.Google Scholar
35. Jackson, Robert H. and Rosberg, Carl G., ‘Popular Legitimacy in African Multi-Ethnic States’, Journal of Modern African Studies 22 (June 1984), 177–198.CrossRefGoogle Scholar
36. Austin, John, The Province of Jurisprudence Determined (London, 1954), p. 194Google Scholar (original emphasis).
37. Weber, Max, The Theory of Social and Economic Organization (London, 1964), p. 156Google Scholar.
38. Jones, E. L., The European Miracle (Cambridge, 1981), p. 106Google Scholar.
39. Kinsley, F. H., Sovereignty (London, 1966)Google Scholar, ch. V.
40. ‘Sovereignty, in its origins merely the location of supreme power within a particular territorial unit, necessarily came from within and therefore did not require the recognition of other states or princes. ’ J. Crawford, British Yearbook of International Law, 1976–77, p. 96. Also see Manning, C. A. W., ‘The Legal Framework in a World of Change’, in Porter, Brian (ed.), The Aberystwyth Papers (London, 1972), p. 307Google Scholar.
41. Berlin, Isaiah.Four Essays on Liberty (London, 1969), p. 131Google Scholar. The author is referring to freedom rather than sovereignty, but the concept is generally applicable to the latter.
42. Brierly, J. L., The Law of Nations (London, 1936), pp. 102–103.Google Scholar
43. Parry, J. H., Europe and a Wider World 1415–1715 (London, 1966)Google Scholar.
44. See. Jones op. cit. note 38, chs. 6 and 7 and Wesson, R. G., State Systems (New York, 1978)Google Scholar.
45. Brownlie, Ian, ‘The Expansion of International Society: The Consequences for the Law of Nations’, in Bull, Hedley and Watson, Adam (eds.), The Expansion of International Society (Oxford, 1984), pp. 361–362Google Scholar.
46. See Hedley Bull ‘The Revolt Against the West’, in Bull and Watson, op. cit. note 45, ch. 14.
47. Barraclough, Geoffrey, An Introduction to Contemporary History (Harmondsworth, 1967), p. 106Google Scholar.
48. On the significance of the Russo-Japanese war in this international rebellion see Hidemi Suganami ‘Japan's Entry into International Society’, in Bull and Watson, op. cit. note 45, pp. 192, 199.
49. ‘Most of the African State entities are new States…, and reversion to sovereignty has no application.’ Alexandrowicz, C. H., ‘New and Original States: The Issue of Reversion to Sovereignty’, International Affairs, 45 (1969), p. 473Google Scholar.
50. Robinson, Ronald, ‘Andrew Cohen and the Transfer of Power in Tropical Africa’, in Morris-Jones, W. H. (ed.), Decolonization and After (London, 1980), p. 52Google Scholar. This has become a major proposition of British revisionist colonial historiography based on the post-1945 imperial archives. For a recent analysis and critique see Crook, Richard C., ‘Decolonization, the Colonial State, and Chieftaincy in the Gold Coast’, African Affairs, 85 (1986), pp. 77–83CrossRefGoogle Scholar.
51. Calvocoressi, Peter.World Order and New States (London, 1962)Google Scholar, ch. 3.
52. On the important role of the United States in particular see Louis, Wm. Roger and Robinson, Ronald ‘The United States and the Liquidation of the British Empire in Tropical Africa, 1941–1951’, in Gifford, Prosser and Louis, Wm. Roger (eds.), The Transfer of Power in Africa (London, 1982), pp. 31–56Google Scholar.
53. Such confrontations were, of course, later experienced by the Portuguese and by Ian Smith and may yet be experienced by Pretoria.
54. This view was, according to J. M. Lee, a working assumption of British colonial policy until the late 1940s. See his Colonial Development and Good Government (Oxford, 1967), p. 280Google Scholar.
55. See Nkrumah, Kwame, Ghana: The Autobiography of Kwame Nkrumah (London, 1959), p. 93.Google Scholar
56. Lee, op. cit. note 54, p. 281. On political rationalism see Oakeshott, Michael, Rationalism in Politics and Other Essays (London, 1977).Google Scholar
57. See Jackson, R. H. and Rosberg, C. G., ‘The Marginality of African States’, in Carter, G. M. and O'Meara, P. (eds.), African Independence: The First Twenty-Five Years (London, 1985), pp. 45–70Google Scholar.
58. Berlin, op. cit. note 41, p. 123. Negative liberty and negative sovereignty differ in the extent to which they can reasonably postulate the capacity to enjoy non-interference, which is arguably greater in the case of the former owing to the more definite agency and will that individuals possess as compared to states or even governments. Negative sovereignty may amount to nothing more than the international protection and privilege of rulers whose subjects languish.
59. Everyman's United Nations: A Complete Handbook of the Activities and Evolution of the United Nations During its First Twenty Years, 1945–1965 (New York, 1968), pp. 370–371Google Scholar, 396–99. In practice the right is carefully restricted to ex-colonial jurisdictions and is not therefore available to all peoples as such. Otherwise the existing state jurisdictions in most of Africa and much of the world elsewhere would be seriously threatened in an epidemic of competing claims to self-determination.
60. See Gross, Leo, ‘The Right of Self-Determination in International Law’, in Kilson, M. (ed.), New States in the Modern World (London, 1975), pp. 153–154Google Scholar and Sorensen, Max (ed.), Manual of Public International Law (New York, 1968), p. 771CrossRefGoogle Scholar.
61. The Economist (March 1, 1986), pp. 38–39Google Scholar.
62. The World Bank and the Economic Commission for Africa have used these terms. See Toward Sustained Developments in Sub-Saharan Africa (Washington, 1984)Google Scholar and ECA and Africa's Development 1983–2008 (New York, 1983)Google Scholar.
63. For the distinction between imposed and solicited intervention see Wight, Power, op. cit. note 1, ch. 18.
64. Martin Wight remarked on another aspect of this ironic double standard some three decades ago: ‘The existence of the United Nations has exaggerated the international importance of the have-not powers…The paradoxical consequence has been that powers which, taken collectively, exhibit a low level of political freedom, governmental efficiency, public probity, civil liberties and human rights, have had the opportunity to set themselves up in judgement over powers which, taken collectively, for all their sins, have a high level in these respects.’ Power, op. cit. note 1, p. 238.
65. Kidron, M. and Segal, R., The New State of the World Atlas (London, 1984).Google Scholar
66. See Kuper, Leo, Genocide (Harmondsworth, 1981)Google Scholar, chs. 4, 6 and 9.
67. Brownlie, Principles, op. cit, note 6, p. 76.
68. South Africa is not the only oppressive regime in the world, nor even the only one which practices racism; its offence in the eyes of the world community is that is is the only one which has institutionalized racism. Legum, Colin, ‘The International Moral Protest,’ in Carter, G. M. and O'Meara, P. (eds.), International Politics in Southern Africa (Bloomington, 1982), p. 223Google Scholar.
69. Also see R. J. Vincent, ‘Racial Equality’, in Bull and Watson, op. cit. note 45, ch. 16.
70. Goldman, Alan H., ‘Affirmative Action’, Philosophy and Public Affairs, 5 (1976), pp. 178–195Google Scholar.
71. Whether most African countries were disadvantaged by colonialism or developed by it is a difficult empirical question that cannot be considered here.
72. See, for example, Partners in Development: Report of the Commission on International Development (Pearson Report) (New York, 1969)Google Scholar and North-South; A Program for Survival (Brandt Report) (Cambridge, MA, 1980)Google Scholar.
73. See Donnelly, J., ‘Humanitarian Intervention’, Journal of International Affairs 37 (1984), pp. 311–328Google Scholar.
74. The large literature on dependency and international political economy deals with them.
75. On the significance and role of honour in international relations see Donelan, Michael, ‘A Community of Mankind’, in Mayall, James (ed.), The Community of States (London, 1982), p. 148Google Scholar and Inis Claude, L. Jr‘Myths about the state’, Review of International Studies, 12 (1986), p. 10CrossRefGoogle Scholar.
76. During the Congo crisis of the early 1960s and again during the Shaba emergencies of 1977 and 1978 such interventions occurred. This can also be read as an acknowledgement of empirical statelessness and the unreliability of negative sovereignty. It recalls traditional provisions of positive European international law which obliged non-Western rulers ‘to protect adequately the life, liberty and property of foreigners.’ See Gong, Gerrit W., The Standard of ‘Civilization’ in International Society (Oxford, 1984)Google Scholar, Ch. II.
77. W. E. Hall, a 19th century British legal scholar, quoted by Wight, Systems, op. cit. note 5, p. 115.
78. Mill, J. S., ‘A Few Words on Non-Intervention’, in Himmelfarb, G. (ed.), Essays in Politics and Culture (New York, 1963), pp. 377–378Google Scholar.
- 24
- Cited by