Sovereignty Across Generations

Every cohort of voters may dream of being 'the people' under the sway of serial visions of sovereignty; or understand itself, more modestly, as co-author of a constitutional project in a cross-generational sequence rooted in the past and extending into the future. Sovereignty Across Generations offers a theory of democratic sovereignty and constituent power grounded in John Rawls's political liberalism. Neither exegetic nor abstractly analytic, this book assumes that 'political liberalism' is broader than Political Liberalism. In answering the question 'How is it possible for there to exist over time a just and stable society of free and equal citizens, who remain profoundly divided by reasonable religious, philosophical, and moral doctrines?', the paradigm implicit in Political Liberalism enables us to address facets of that question that Rawls sidelined in the context of his time. Following populist threats to democracy, which were still latent in 1993, this book responds to the urgency of clarifying the proper relation of 'the people' (as transgenerational author of the constitution) to its pro-tempore living segment in its capacity as electorate and as co-author of the constitution. An explanation of that relation brings 'constituent power' into the picture and unfolds in seven steps that form the conceptual backbone of this book. By taking new steps in updating and revisiting political liberalism, this book reconstructs Rawls's implicit view of constituent power beyond the pages dedicated to it in Political Liberalism and brings that view into conversation with major constitutional theories of the twentieth century. This book is a must read for all those interested in the fields of politics, philosophy, and constitutional law.

In times of climate change and public debt, a concern for intergenerational justice should lead us to have a closer look at theories of intergenerational justice. It should also press us to provide institutional design proposals to change the decision-making world that surrounds us. This book provides an exhaustive overview of the most important institutional proposals as well as a systematic and theoretical discussion of their respective features and advantages. It focuses on institutional proposals aimed at taking the interests of future generations more seriously, and does so from the perspective of applied political philosophy, being explicit about the underlying normative choices and the latest developments in the social sciences. It provides citizens, activists, firms, charities, public authorities, policy-analysts, students, and academics with the body of knowledge necessary to understand what our institutional options are and what they entail if we are concerned about today's excessive short-termism.

As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines

Can people alive now have duties to future generations, the unborn millions? If so, what do we owe them? What does “justice” mean in an intergenerational context, both between people who will coexist at some point, and between generations that will never overlap? In this book, Axel Gosseries provides a forensic examination of these issues, comparing and analyzing various views about what we owe our successors. He discusses links between justice and sustainability, and looks at the implications of the fact that our successors’ preferences are heavily influenced by what we will actually leave them and by the education they receive. He also points to how these theoretical considerations apply to real-life issues, ranging from pension reform and Brexit to biodiversity and the climate crisis. He ends by outlining how intergenerational considerations may translate into institutional design. Anyone grappling with the dilemmas of our obligations to the future, from students and scholars to policy makers and active citizens, will find this an invaluable theoretical and practical guide to this moral and political minefield.

A companion to Diné Perspectives: Revitalizing and Reclaiming Navajo Thought, each chapter of Navajo Sovereignty offers the contributors' individual perspectives. This book discusses Western law's view of Diné sovereignty, research, activism, creativity, and community, and Navajo sovereignty in traditional education. Above all, Lloyd L. Lee and the contributing scholars and community members call for the rethinking of Navajo sovereignty in a way more rooted in Navajo beliefs, culture, and values.

Beni-Amer cattle owners in the western part of the Horn of Africa are not only masters in cattle breeding, they are also knowledge sovereign, in terms of owning productive genes of cattle and the cognitive knowledge base crucial to sustainable development. The strong bonds between the Beni-Amer, their animals, and their environment constitute the basis of their ways of knowing, and much of their knowledge system is built on experience and embedded in their cultural practices. In this book, the first to study Beni-Amer practices, Zeremariam Fre argues for the importance of their knowledge, challenging the preconceptions that regard it as untrustworthy when compared to scientific knowledge from more developed regions. Empirical evidence suggests that there is much one could learn from the other, since elements of pastoralist technology, such as those related to animal production and husbandry, make a direct contribution to our knowledge of livestock production. It is this potential for hybridisation, as well as the resilience of the herders, at the core of the indigenous knowledge system. Fre also argues that indigenous knowledge can be viewed as a stand-alone science, and that a community’s rights over ownership should be defended by government officials, development planners and policy makers, making the case for a celebration of the knowledge sovereignty of pastoralist communities Praise for Knowledge Sovereignty Among African Cattle Herders ‘This book greatly contributes to the limited literature on theoretical discourses and practices on indigenous knowledge of livestock herding communities in the Horn of Africa. It discusses knowledge heritage and sovereignty through the presentation of valid empirical evidence, and its subsequent relevance in nurturing sustainability of knowledge systems to enhance lives of pastoralists in Africa and beyond.’ Samuel Tefera PhD, Assistant Professor and Asian Desk Coordinator at the Centre for African and Oriental Studies, Associate Dean for Research and Technology Transfer, College of Social Sciences, Addis Ababa University ‘The author has worked with our Beni-Amer pastoral communities in Eastern Sudan and Western Eritrea for over 30 years and this book is the first of its kind in documenting our practices, knowledge systems, heritage and way of life.’ Mustafa Faid and Mohamed Ali, Leaders of the of the Pastoral and Environmental Association Kassala State (PEAKS) ‘A riveting and rare book! Zeremarian Fre guides you along the sandy [dusty] tracks and grassy pastures that the Beni-Amer and their herds have been softly tracing over time all through the Horn of Africa. One of the virtues of the book is that it illustrates vividly and in clear language how their continuous self-built endogenous knowledge on agro-pastoral life is not only at the core of their survival and the survival of their herds, but more importantly a powerful weapon in facing and resisting multiple aggressions . . . Ground-breaking and a huge achievement.’ Yves Cabannes, Emeritus Professor of Development Planning,, The Bartlett Development Planning Unit, UCL ‘The book underlines the importance of enriching and utilizing the unrecognized, yet valuable scientific knowledge and practices that are deeply rooted in pastoral traditional expertise about their own environment and breeding practices. It is an important publication that reflects Dr Fre’s expertise and long term research in the region and thus, it is a significant addition to the African library.’ Hala Alkarib, Director of the Strategic Initiative for Women in the Horn of Africa (SIHA) ‘This fascinating book not only gives a unique insight into the knowledge and practice of pastoralists in the Horn of Africa from the author’s first-hand experience, it also provides an incisive critique of the multiple dimensions of knowledge, paying tribute to the sovereignty of indigenous knowledge. It has a timely relevance for global sustainability that will appeal to a wider readership.’ Nicole Kenton, International Development Consultant, former long serving senior staff member of the International Institute for Environment and Development (IIED) ‘The book covers several intertwined issues relevant to contemporary development policy and practice. It goes beyond the rural-urban and peasant–nomadic livelihoods dichotomy by shedding more light on the inter-linkages within the multiple livelihood systems within the Horn of Africa and globally. A rich evidence-based resource for academics, development partners and social movements for promoting and designing state policies that embrace pastoralist aspirations.’ Bereket Tsegay MA, PhD candidate, Pastoral and Environmental Network in the Horn of Africa (PENHA) ‘Dr Zeremariam Fre has done a wonderful job of placing at the centre of this book the Beni-Amer pastoralists, the world they inhabit and the knowledge they use to navigate and thrive in it. The lessons contained in this book go beyond pastoralism; it is a must read for anyone serious about understanding the importance of located knowledge in the innovation and development process.’ Yusuf Dirie, PENHA Research Fellow and PhD researcher at the University of Sussex

This book explores the interplay between sovereignty, politics and law through different conceptualizations of sovereignty. Despite developments such as European integration, globalization, and state failure, sovereignty proves to be a resilient institution in contemporary international politics. This book investigates both the continuity and change of sovereignty through an examination of the different ways it is understood; sovereignty as an institution, as identity; as a (language) game; and as subjectivity. In this illuminating book, Aalberts examines sovereign statehood as a political-legal concept, an institutional product of modern international society, and seeks an interdisciplinary approach that combines international relations and international law. This book traces the consequences of this origin for the conceptualization of sovereign statehood in modern academic discourse, drawing on key jurisprudence and international treaties, and provides a new framework to consider the international significance of sovereignty. As an innovative approach to a critical institution, Constructing Sovereignty between Politics and Law will be of interest to students and scholars of international relations, international relations theory and international law.

The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.