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The promise and peril of statelessness 无国籍的希望和危险
IF 1.4 3区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2022-12-23 DOI: 10.1080/09557571.2023.2159702
Benjamin Mueser
In his 1749 treatise on international law, the Prussian philosopher and jurist Christian Wolff considered the condition of the exile, one who is ‘deprived of the soil of his native land,’ (Wolff 2017, 113). Like many of the emigr e jurists who populate Mira Siegelberg’s study of statelessness in the twentieth century, the topic was not unfamiliar to Wolff, who had been expelled from his home in Halle in 1723 for his controversial views, only to return at the invitation of Frederick II in 1740. In this treatise, Wolff defended the authority of rulers to exile whomever they wished as punishment but urged that the condition of exile was ‘indicative of disaster, not disgrace,’ and exiles were particularly deserving of compassion for their suffering (§150). Moreover, Wolff insisted that because the earth was originally owned in common, ‘by nature the right belongs to an exile to dwell anywhere in the world’ (§147). Lacking a compelling reason otherwise, states were bound by the law of nations to admit an exile to live permanently on their land, because ‘he who is driven into exile cannot be driven out of the entire earth, for this cannot be done... unless life is destroyed,’ (§147). Yet Wolff left it unclear how the exile’s entitlement to world citizenship might be enforced. His idea of international law referred to the authority of the civitas maxima, a hypothesised world state, but it remained a theoretical proposition rather than an entity imbued with coercive power. No state could be compelled to accept exiles. This brief section of Wolff’s encapsulates many of the dynamics of Siegelberg’s complex account of modern statelessness, in which questions of the state’s sovereign right to regulate its own membership immediately prompted fundamental questions about the nature of the international. While Siegelberg focuses on the twentieth century, her book stimulates essential questions for the much longer history of inclusion and exclusion in international political thought. In her impressive study, Siegelberg inverts the way that scholars have usually told the history of statelessness. According to the conventional story, in the late nineteenth century and even more so after the First World War, the triumphant rise of nation-states coincided with both expulsions and tightening of nationality laws across Europe, resulting in countless persons becoming de facto, if not always de jure, stateless, lacking the protection of any state. Thus, received wisdom suggests that nation-states produced statelessness. This story, however, lies on the faulty premise that in the early twentieth century the nation-state, and accordingly, a global order defined by the exclusive membership of such states, was already dominant. But that was not the case,
普鲁士哲学家和法学家克里斯蒂安·沃尔夫在1749年关于国际法的论文中考虑了流亡者的状况,即“被剥夺了祖国的土地”(Wolff 2017113)。与20世纪米拉·西格尔伯格(Mira Siegelberg)关于无国籍状态的研究中的许多移民法学家一样,这个话题对沃尔夫来说并不陌生。1723年,沃尔夫因其有争议的观点被驱逐出哈雷的家,1740年应腓特烈二世(Frederick II)的邀请返回。在这篇论文中,沃尔夫为统治者驱逐任何他们希望作为惩罚的人的权力进行了辩护,但他敦促流放的条件“表明了灾难,而不是耻辱”,流放者尤其值得同情他们的苦难(§150)。此外,沃尔夫坚持认为,由于地球最初是共同所有的,“从本质上讲,居住在世界任何地方的权利属于流亡者”(§147)。由于缺乏令人信服的理由,各国受国际法约束,必须允许流亡者在其土地上永久居住,因为“被驱逐的人不能被驱逐出整个地球,因为这是不可能的……”。。。除非生命被摧毁,”(§147)。然而,沃尔夫不清楚如何强制执行流亡人士的世界公民身份。他的国际法思想提到了最高公民的权威,这是一个假设的世界国家,但它仍然是一个理论命题,而不是一个充满强制力的实体。任何国家都不能被迫接受流亡者。Wolff的这一简短部分概括了Siegelberg对现代无国籍状态的复杂描述中的许多动态,其中国家管理其成员的主权权利问题立即引发了对国际性质的根本性问题。虽然西格尔伯格关注的是二十世纪,但她的书激发了国际政治思想中包容和排斥这一更长历史的基本问题。在她令人印象深刻的研究中,Siegelberg颠覆了学者们通常讲述无国籍历史的方式。根据传统的说法,在19世纪末,第一次世界大战后更是如此,民族国家的胜利崛起与欧洲各地驱逐和收紧国籍法同时发生,导致无数人成为事实上的无国籍人,即使并非总是在法律上,也缺乏任何国家的保护。因此,公认的智慧表明,民族国家产生了无国籍状态。然而,这个故事建立在一个错误的前提之上,即在20世纪初,民族国家,以及因此由这些国家的排他性成员定义的全球秩序,已经占主导地位。但事实并非如此,
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引用次数: 1
On statelessness: a modern history, the Francesco Guicciardini prize forum 关于无国籍状态:现代史,弗朗西斯科·吉恰尔迪尼奖论坛
IF 1.4 3区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2022-12-20 DOI: 10.1080/09557571.2023.2159699
Charles S. Maier
Mira Siegelberg has written an important and challenging book. It began as a doctoral dissertation that I was privileged to discuss with her as it took shape. The dissertation, in turn, originated with a profound question that presented both theoretical and practical challenges and I believe has continued as the underlying thread: what does statelessness imply in a world covered by and divided into states? How is it conceptually and legally accommodated? How does the condition of statelessness help define the world of nation-states? What is the civic status of the stateless subject, often expelled from his or her homeland, who lacks the credentials to claim entry elsewhere? To this end, Siegelberg has immersed herself in a century and a half of difficult legal thought, some of it well-known, but a great deal unearthed as the usually ignored articulations of our everyday practices. Her account pivots on key decision points with ramifications for international law, starting with the 1921 Stoeck case in Britain, where the supplicant living in Britain successfully claimed that he had divested himself of German citizenship and could not therefore be subject to the seizure of enemy alien property that Britain imposed in World War I. She examines the international conferences of the 1930s that sought without much success to codify the criteria for nationality, and she addresses the implications of the 1955 Nottebohm case a generation later in which the International Court of Justice ruled that effective citizenship required a substantive connection to a country (a criterion now undercut by some countries’ granting of nationality in return for investments, thus commodifying citizenship). Throughout, Siegelberg follows the arguments of notable legal scholars and political theorists, such as Hersch Lauterpacht, Hans Kelsen, and Hannah Arendt. She explains why Kelsen’s highly abstract legal theories, which to later readers could seem empty and formalist, were an important intervention. By and large she has discerned two remedial approaches: one seeking to compel individual states to mitigate the problem (a sad effort in the face of Soviet and National Socialist behaviour), the other creating international institutions that would provide the rights of travel, domicile, and minimal welfare that citizens of a state normally enjoy. Over the decades, she argues, the terms of debate changed from the initial sparring over whether individuals might even be recognised as subjects of international law to a richer consideration of what it meant to belong to a state or, conversely, to be deprived of that civic anchorage. The intellectual
米拉·西格尔伯格写了一本重要而富有挑战性的书。它最初是一篇博士论文,我很荣幸能在成型时与她讨论。反过来,这篇论文起源于一个深刻的问题,这个问题提出了理论和实践上的挑战,我相信它一直是一个潜在的线索:在一个被国家覆盖并划分为国家的世界里,无国籍意味着什么?它在概念上和法律上是如何适应的?无国籍状态如何帮助定义民族国家的世界?经常被驱逐出自己的祖国,又缺乏在其他地方申请入境的证件的无国籍主体的公民身份是什么?为此,西格尔伯格沉浸在一个半世纪的艰深的法律思想中,其中一些是众所周知的,但还有很多是我们日常实践中通常被忽视的表述。她的叙述以对国际法产生影响的关键决策点为中心,从1921年英国的斯托克案开始,在该案中,居住在英国的申请人成功地声称,他已经剥夺了自己的德国公民身份,因此不能受到英国在第一次世界大战中强制征收的敌方外国财产的没收。她研究了20世纪30年代的国际会议,这些会议试图编纂国籍标准,但没有取得多大成功,她还谈到了一代人之后1955年的诺丁汉案的影响,在该案中,国际法院裁定,有效的公民身份需要与一个国家有实质性的联系(现在一些国家以投资换取国籍,从而使公民身份商品化,削弱了这一标准)。自始至终,西格尔伯格遵循着著名的法律学者和政治理论家的论点,如赫施·劳特帕赫特、汉斯·凯尔森和汉娜·阿伦特。她解释了为什么凯尔森高度抽象的法律理论是一个重要的干预,这些理论在后来的读者看来是空洞和形式主义的。总的来说,她发现了两种补救方法:一种是寻求迫使个别国家缓解问题(面对苏联和国家社会主义的行为,这是一种可悲的努力),另一种是创建国际机构,提供一个国家公民通常享有的旅行、定居和最低福利的权利。她认为,在过去的几十年里,辩论的内容发生了变化,从最初的争论个人是否可以被承认为国际法的主体,到更丰富地考虑属于一个国家意味着什么,或者相反,被剥夺公民锚定的意义。的知识
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引用次数: 0
The Joseph Fletcher prize forum: response to reviewers 约瑟夫·弗莱彻奖论坛:对评论家的回应
IF 1.4 3区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2022-12-20 DOI: 10.1080/09557571.2023.2159698
K. Rietzler, P. Owens
We thank the Cambridge Review of International Affairs for organising this review and Juliette Gout, Rebecca Turkington and Lauren Wilcox for their engagement with Women’s International Thought: A New History. We were fortunate to collaborate with an exceptional interdisciplinary cast of authors to whose intellectual contributions and analyses we remain deeply indebted as they were vital for carrying out this project, and we would like to express our gratitude on their behalf, too. We would also like to acknowledge our indebtedness to the other collaborators on the Leverhulme Trust Research Project on Women and the History of International Thought, of which this edited volume is the first book-length output, namely Kimberly Hutchings, Sarah C. Dunstan, and Joanna Wood. Given the long history of disparaging women’s intellectual production and the ways in which this has, at times, forced feminist scholars to restate earlier arguments, it was important to us to make space for feminist recovery work as indispensable to the project of international intellectual and disciplinary history. We are, therefore, grateful to Wilcox for pre-empting any notion that historical recovery ‘might seem a dated gesture in 2021.’ It seems important, especially in a project focused on intellectual erasure, to recognise the ground-breaking forms of recovery work that earlier generations of feminist scholars established, even if scholars today choose to revise some of the categories and terms of earlier iterations of this work. As Dale Spender pointed out some time ago, the loss of knowledge from one generation to the next has been a formidable obstacle to both understanding women’s intellectual production and feminism as a political movement (Spender 1983a, 1983b). Even scholars who were wary of an exaggerated emphasis on recovery, calling it the ‘hunting-gathering school’ of women’s history, and who regarded it as only the first step in a wider intellectual enterprise, were adamant that recovery was necessary to any project of rewriting and reformulating the history and current practices of scholarly fields and intellectual movements, at least until the processes and structures of erasure cease to exist (Lerner 1979, 149; Marcus 1983, 242). With this volume, then, we are
我们感谢《剑桥国际事务评论》组织了这次评论,感谢朱丽叶·古德、丽贝卡·特金顿和劳伦·威尔科克斯参与了《妇女国际思想:一段新的历史》。我们很幸运能与一群杰出的跨学科作者合作,他们的智力贡献和分析对这个项目的实施至关重要,我们对他们深表感激,我们也想代表他们表达我们的感谢。我们还要感谢Leverhulme信托基金会妇女与国际思想史研究项目的其他合作者,即金伯利·哈钦斯、萨拉·邓斯坦和乔安娜·伍德,这本编辑过的书是该项目的第一本书。鉴于长期以来贬低女性知识生产的历史,以及这有时迫使女权主义学者重申早期论点的方式,对我们来说,为女权主义的恢复工作腾出空间,作为国际知识和学科历史项目不可或缺的一部分,是很重要的。因此,我们要感谢威尔科克斯,因为他先发制人,避免了任何认为“历史性复苏”在2021年似乎已经过时的说法。“认识到早期女权主义学者建立的开创性的恢复工作形式似乎很重要,尤其是在一个专注于智力抹除的项目中,即使今天的学者选择修改早期迭代的一些类别和术语。”正如戴尔·斯彭德(Dale Spender)不久前指出的那样,一代一代知识的流失已经成为理解女性智力生产和女权主义作为政治运动的巨大障碍(Spender 1983a, 1983b)。即使是那些对过分强调“复原”持谨慎态度的学者,他们称其为女性历史的“狩猎-采集学派”,并认为这只是更广泛的知识事业的第一步,他们也坚持认为,复原对于任何重写和重新制定学术领域和知识运动的历史和当前实践的项目都是必要的,至少在抹杀的过程和结构停止存在之前(Lerner 1979, 149;Marcus 1983, 242)。有了这个体积,我们是
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引用次数: 0
Donald Trump and the survival strategies of international organisations: when can institutional actors counter existential challenges? 唐纳德•特朗普与国际组织的生存战略:机构行为者何时才能应对生存挑战?
IF 1.4 3区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2022-12-19 DOI: 10.1080/09557571.2022.2136566
H. Dijkstra, Laura von Allwörden, L. Schuette, G. Zaccaria
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引用次数: 6
A modern history of statelessness and the socio-political question 无国籍的现代史和社会政治问题
IF 1.4 3区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2022-12-19 DOI: 10.1080/09557571.2023.2159703
Zainab Olaitan
Mbiyozo (2019) argues that statelessness is a problem that is not new to the international community, as some states implement policies that denationalise their citizens as a form of sanction to exclude individuals they deem undesirable. Denationalisation raises the need to understand the discourse that surrounds statelessness in order to come up with preventive measures. This need, as well as questions such as ‘what is statelessness?’ and ‘within what boundaries can an individual be acknowledged as being stateless?’ informs the necessity for Mira Siegelberg’s book Statelessness: A Modern History. The continuous insistence of states to wield absolute authority over nationality legislation and citizenship makes this book an important and timely intervention. It examines the debates on jurisdiction over nationality legislation, while taking the reader through the necessary journey of understanding how the international legal order defined concepts such as citizenship, nationality etc. Methodologically, Siegelberg presents a chapter-by-chapter periodic historical analysis of the legal theories, writings and debates on statelessness starting from pre-World War I to the postcold war era. The book also focuses on dedicated efforts by the international system to understand statelessness and define what it means in order to formally recognise it, as well as the reactions of intergovernmental organisations. Siegelberg asserts that the central aim of the book is to ‘reconstruct and clarify the arguments that shaped the stabilisation of understanding of citizenships, nationality, and the boundaries of political membership’ (3). In pursuing this, she investigates how the problem of statelessness informed theories of rights, sovereignty, international legal order, and other pertinent legal theories against the formation of the modern interstate order (3). Furthermore, she argues that statelessness exposes the limitation in how statehood and political membership have been defined in international law. There are 6 chapters in the book, each of which contributing to the historical analysis of statelessness, followed by a conclusion providing a balanced insight into the thesis of the book as it beautifully summarises the previous chapters in a way that provides utmost clarity for the reader. The first chapter traces the history of how statelessness moved from a subject of fiction to reality. It starts by showing prior works that have been written on persons without a state who were not acknowledged as stateless. It focuses on the story of Max Stoeck, a former German national who was voluntarily denationalised and moved to Britain to work in a multinational corporation only to escape
Mbiyozo(2019)认为,无国籍状态对国际社会来说并不是一个新问题,因为一些国家实施剥夺公民国籍的政策,作为一种制裁形式,将他们认为不受欢迎的个人排除在外。去国家化提出了理解围绕无国籍状态的讨论的必要性,以便制定预防措施。这一需求,以及诸如“什么是无国籍状态?”“在什么范围内,一个人可以被承认为无国籍人?”米拉·西格尔伯格的《无国籍:现代史》一书的必要性。国家不断坚持对国籍立法和公民身份行使绝对权力,这使本书成为一本重要而及时的干预书。它考察了关于国籍立法管辖权的辩论,同时带读者走过了理解国际法律秩序如何定义公民身份、国籍等概念的必要旅程。在方法论上,Siegelberg对法律理论进行了逐章的周期性历史分析,从第一次世界大战前到冷战后,关于无国籍状态的著作和辩论。这本书还重点介绍了国际体系为理解无国籍状态所做的不懈努力,以及政府间组织的反应。Siegelberg断言,这本书的中心目的是“重建和澄清那些塑造了对公民身份、国籍和政治成员边界理解稳定的论点”(3)。在追求这一点的过程中,她调查了无国籍问题如何为权利、主权、国际法律秩序和其他反对现代州际秩序形成的相关法律理论提供信息(3)。此外,她认为,无国籍状态暴露了国际法对国家地位和政治成员身份定义的局限性。这本书共有6章,每一章都有助于对无国籍状态进行历史分析,然后是一个结论,它以一种最清晰的方式对前几章进行了优美的总结,从而对本书的主题提供了平衡的见解。第一章追溯了无国籍状态如何从小说主题转变为现实的历史。它首先展示了以前写的关于没有国家的人的作品,这些人不被承认为无国籍人。它聚焦于Max Stoeck的故事,他是一名前德国公民,自愿被剥夺国籍,搬到英国在一家跨国公司工作,但却逃脱了
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引用次数: 0
The legacy of the Arab uprisings on Turkey’s foreign policy: Ankara’s regional power delusion 阿拉伯起义对土耳其外交政策的影响:安卡拉的地区权力错觉
IF 1.4 3区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2022-11-14 DOI: 10.1080/09557571.2022.2145180
O. B. Dınçer
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引用次数: 0
Letter from the editors 编辑的来信
IF 1.4 3区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2022-11-02 DOI: 10.1080/09557571.2022.2130663
Italo Brandimarte, Martin Kirsch
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引用次数: 0
(Re-)conceptualising the international: introduction to the special section (重新)国际概念化:特别部分介绍
IF 1.4 3区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2022-10-09 DOI: 10.1080/09557571.2022.2130665
Z. Çapan, J. Grzybowski
Abstract ‘The international’ is the background condition that holds together inquiries of international politics, orders, systems, societies, practices, and so forth. Albeit being usually taken for granted, its foundational function begs the questions of what the international actually is or, instead, what conceptualisations of the international imply, project, and do. Periodic discussions in International Relations (IR) about the international as the subject matter of the field routinely revolve around attempts to fix its definition, to consciously escape it, or to return to a pragmatic approach of using rather than questioning the concept of the international. In bringing the international from the background to the fore, this Special Section investigates explicit and implicit conceptualisations of the international, and their implications. It does so in a variety of ways and areas. The special section focuses on dynamics of reification and reflection, on how the ‘international’ is opposed to the ‘transnational’ or ‘the world’, how it is denied or seemingly superseded, and how it yet retains its conceptual significance.
“国际”是将国际政治、国际秩序、国际制度、国际社会、国际实践等问题联系在一起的背景条件。尽管通常被认为是理所当然的,但它的基本功能回避了这样的问题:国际实际上是什么,或者相反,国际的概念意味着什么,项目和做什么。在国际关系(IR)中,关于国际作为该领域主题的定期讨论通常围绕着试图确定其定义,有意识地逃避它,或回到使用而不是质疑国际概念的实用主义方法。在将国际从背景带到前台的过程中,本特别节调查了国际的明确和隐含概念及其含义。它以各种方式和领域做到这一点。特别部分侧重于物化和反思的动态,“国际”如何与“跨国”或“世界”相对立,它如何被否认或似乎被取代,以及它如何保留其概念意义。
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引用次数: 0
Srdjan Vucetic, Greatness and decline: national identity and British foreign policy 斯尔詹·武契奇,伟大与衰落:民族认同与英国外交政策
IF 1.4 3区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2022-10-04 DOI: 10.1080/09557571.2022.2130667
Marius-Ionuț Ghincea
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引用次数: 0
The ‘morality of compromise’: David Owen, human rights diplomacy and the fall of the Pahlavi dynasty “妥协的道德”:大卫·欧文、人权外交与巴列维王朝的衰落
IF 1.4 3区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2022-10-04 DOI: 10.1080/09557571.2022.2130030
David Grealy
Abstract Following his appointment as Foreign Secretary in February 1977, David Owen framed human rights promotion as a guiding principle of British foreign policy. Sensitive to Iran’s significance as a pro-Western power in the Middle East and appreciative of the opportunities that the Shah’s custom provided for British business, Owen would continue to champion human rights promotion as a central pillar of Britain’s international agenda while simultaneously providing support to the Shah’s dictatorship. This article scrutinises Owen’s attempts to rationalise this fundamental contradiction by constructing a ‘morality of compromise’ which drew inspiration, inter alia, from the value pluralism espoused by the philosopher Isaiah Berlin. In so doing, analysis not only complements and builds upon existing coverage of Anglo-Iranian relations and the marginalisation of human rights concerns therein; it also highlights the importance of moral psychology and its role in shaping ethical foreign policymaking at an individual level.
摘要1977年2月,戴维·欧文被任命为外交大臣后,将促进人权作为英国外交政策的指导原则。欧文对伊朗在中东作为一个亲西方大国的重要性很敏感,也很欣赏沙阿的习俗为英国商业提供的机会,他将继续支持促进人权,将其作为英国国际议程的核心支柱,同时为沙阿的独裁统治提供支持。这篇文章仔细审视了欧文试图通过构建“妥协道德”来合理化这一根本矛盾,其中的灵感来自哲学家以赛亚·柏林所倡导的价值多元主义。在这样做的过程中,分析不仅补充并建立在对英伊关系的现有报道以及其中人权问题被边缘化的基础上;它还强调了道德心理学的重要性及其在个人层面塑造道德外交政策方面的作用。
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引用次数: 0
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Cambridge Review of International Affairs
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