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The
idea of the territorial state’s sovereignty goes back to 1555, when
at a meeting in Augsburg called by the warring dynastic rulers
desperately seeking an exit or at least a respite from the devastating religious wars tearing the Christian Europe
apart coined the formula cuius
regio, eius religio
(he who rules, determines religion of the ruled).
Sovereignty
meant supreme – unconstrained by external interference and
indivisible – authority within
a territory: Since its inclusion into the political vocabulary the concept of
sovereignty referred to a territorially confined state of affairs and
territorially fixed entitlements.
Any
attempt to meddle with the order of things established by the
sovereign on the territory of his rule was therefore illegal,
condemnable, a casus
belli;
the Augsburg formula may be read as much as the founding act of the
modern phenomenon of state sovereignty as well as it is read,
simultaneously and necessarily, as the textual source of the modern
concept of state borders.
It
then took almost 100 years more until 1648 when the “Westphalian
Sovereignty” agreement was negotiated and signed in Osnabrück and
Münster, this allowed the principle recommended by the Augsburg
formula to take hold of European social and political reality: a full
sovereignty of every ruler on the territory they ruled and over its
residents – that is, the ruler’s entitlement to impose “positive”
laws of their choice that may override the choices made individually by
the subjects, including the choice of God they ought to believe in
and must worship.
By
a simple expedient of substituting “natio” for “religio”, the
mental frame was used to create and operate the (secular)
political order of the emergent modern Europe: the pattern of
nation-state
– that is, of a nation
using the state’s sovereignty to set apart “us” from “them”
and reserving for itself the monopolistic, inalienable and
indivisible right to design the order binding for the country as a
whole, and of a state
claiming its right to the subjects’ discipline through invoking the
commonality of national history, destiny and well-being.
The
Westphalian Model in the 21st
Century
After
the two world wars in the 20th century the Westphalian model of sovereignty was once again the basis
on which the Charter of the United Nations was founded - an assembly
for the rulers of sovereign states called to collectively monitor,
supervise and defend the state of peaceful coexistence. In fact,
Article 2(4) of the Charter prohibits attacks on “political
independence and territorial integrity”, whereas the article 2(7)
sharply restricts the eventuality of an intervention from outside
into affairs of a sovereign state.
So
far the United Nations is still the closest we have to an idea of a
“global political body”. But it clearly has the entrenchment and
defence of the Westphalian principle written into its charter. While many powers (finances, commercial interests,
information, drug and weapon trade, criminality and terrorism) have
already obtained in practice the freedom to operate
on a global level. The absence of global political
agencies capable of catching up with the already global reach is held back
by the grip of the nation-state and the rhetoric of state sovereignty. We
live still in a “post-Westphalian era”. The process of
emancipation from the shadows cast by “Westphalian sovereignty”
is increasingly protracted.
A
recent example of this is the fate of euro: the absurdity of a common
currency served by seventeen finance ministers, each bound
to represent and defend their country’s sovereign rights. The
plight of the euro highlights the limits of local (nation-state)
politics under pressures coming from two distinct,
uncoordinated and thereby not easily reconcilable authoritative
centres, the nationally confined electorate and supra-national European
institutions, all too often instructed to act at cross-purposes. This is
just one of many manifestations of a double
bind: the condition of being clenched between the ghost of the Westphalian state sovereignty
on one side and the realities of the global, or regional
nonetheless supra-national, dependency on the other.
The
essential problem of nation-state sovereignty in a global world
During
the 17th, 18th
and possibly 19th
centuries, the nation-state
was relatively well attuned to the realities of the time, but the
Geo-Trade blog believes this is no longer the case. In the 21st
century, our
interdependence is already global, whereas our instruments of
collective action and will-expression are as before local and
resisting extension, infringement and/or limitation.
In
the 21st
century much of the power has evaporated from the nation-state into
the supra-national, global space – while politics remains, as
before, local: confined to the boundaries of the state’s
territorial sovereignty. What we confront therefore is, on one hand,
a free-floating power cut off from political supervision and guidance
and on the other fixed and territorially-limited politics that in
addition is bound to suffer from a perpetual deficit of power.
Hence
the essential problem is that the two abilities, power (that is, the
ability to have things done), and politics (that is, the ability to
decide which things need/ought to be done), conjoined for a few
centuries in the institutions of the nation-state, now inhabit, as
the result of globalisation processes, two different spaces.
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