This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party can (...) resolve a dispute involving stateless persons by deferring to a universal rule. I call the third party the ‘rule of law third’. Such a rule, I argue, presupposes a presupposed knowledge over stateless persons. The Third takes for granted the territorial boundary of a legal structure, a boundary which excludes the recognition of outsiders to the boundary. (shrink)

As the war in Syria and the destruction of the Calais camp in France in 2016 bitterly demonstrate, declarations of human rights and asylum devolve into empty promises without a common sense of solidarity and an implicit understanding that we share responsibility for the world and one another. Today’s refugee crisis demonstrates that many of the problems that Hannah Arendt identified during the first half of the twentieth century are still with us. National security and the state of exception increasingly (...) place refugees and migrants at the borders of international law. This article argues that Immanuel Kant’s Perpetual Peace and Arendt’s postwar reflections on the stateless as modern pariahs continue to frame current debates on hospitality, human rights, and responsibility. Without a recognition of our common humanity and shared world, sovereign states will continue to find exceptions to the legal status of refugees and migrants, thus enabling their exclusion from political life and the very laws that should protect them. Falling outside human rights law and the rights of refugees leads to the uncertainty of the pariah. (shrink)

This article argues the following points. The Hobbesian hypothesis, which we define as the claim that all people are better off under state authority than they would be outside of it, is an empirical claim about all stateless societies. It is an essential premise in most contractarian justifications of government sovereignty. Many small-scale societies are stateless. Anthropological evidence from them provides sufficient reason to doubt the truth of the hypothesis, if not to reject it entirely. Therefore, contractarian theory (...) has not done what it claims to do: it has not justified state sovereignty to each person subject to it by demonstrating that they benefit from that authority. To be justified in contractarian terms, states have to do something to improve the living standards of disadvantaged people under their rule. (shrink)

My objective in this paper is to address a handful of issues that typically get raised in discussions of philosophical anarchism. Some of these issues arise in discussions among partisans of anarchism, and some are more likely to be raised in efforts to defend the state against its opponents. My hope is to focus the argument in such a way as to make clearer the main issues that are at stake from the point of view of at least one version (...) of philosophical anarchism. (shrink)

The dissertation deals with the questions surrounding the legal, ethical and strategic aspects of armed drones in warfare. This is a vast and complex field, however, one where there remains more conflict and debate than actual consensus. -/- One of the many themes addressed during the course of this research was an examination of the evolution of modern asymmetric transnational armed conflict. It is the opinion of the author that this phenomenon represents a “grey-zone”; an entirely new paradigm of warfare. (...) International terrorism has not been dealt with in a cohesive fashion. Any international prosecution of terrorism which has been conducted has been either “sectoral” adopting a piecemeal typological approach or has been carried out at the domestic level. -/- A novel approach to the problem, of sub-national actors with transnational reach, was proposed, by attributing certain groups with a new legal personality, that of “Stateless International Entities”, or “SIEs”. Those groups who possess, for all intents and purposes, the same attributes as those of States, could then be judged for their behavior before an international tribunal. Other important topics addressed in this research include an examination of important case law, targeted killing, autonomy, preemption versus prevention, imminence versus intent, the find, fix and finish paradigm, the impact of the media, and the role of the CIA, and finally, the flawed reasoning which adopts technology as a form of strategy. (shrink)

This essay offers a standard by which to assess the feasibility of market anarchism. In anarchist thought, the concept of feasibility concerns both the ability and the willingness of private defense agencies to liberate their clients from state oppression. I argue that the emergence of a single stateless pocket of effective, privately-provided defense for a “reasonable” length of time is sufficient to affirm feasibility. I then consider the failure of private defense agencies to achieve even this standard. Furthermore, I (...) identify five possible explanations for the conspicuous absence of private defense agencies. These explanations are entrepreneurial, technological, or economic in nature, or result from a lack of consumer demand or a lack of incentive for violence specialists to refrain from aggression. Of these, only an economic deficiency renders anarchism intrinsically unworkable. (shrink)

In “Modern Abstract Sacrifice in Robespierre’s Terror and Hitler’s Holocaust,” I use Hegel’s analysis of Robespierre’s Terror in the Phenomenology and Adorno and Horkheimer’s analysis of the Nazi Holocaust in the Dialectic of Enlightenment to identify what I term “modern abstract sacrifice” as the dominant kind of instrumental destruction that took place during these nation-building mass-sacrifices. As I show, these events relied upon a justificatory instrumental logic—a sacrificial story—even if that sacrificial story broke down or was abandoned in practice, in (...) which case the destruction became indiscriminate rather than targeted. First, I analyze Hegel’s critique of the Reign of Terror, which he sees as a product of the immediate identity of the general will and the individual will: the revolutionaries collapsed the will of all and the will of each, rendering individuality as such logically impossible. As a result, all individuals became objects of suspicion worthy of sacrifice by guillotine, for the sake of guaranteeing the triumph of the state based on reason. Next, I analyze Adorno and Horkheimer’s critique of the fascist sacrifice of the Jewish people using their political-economic and pathological theories of antisemitism. Adorno and Horkheimer see fascist antisemitism as a manifestation of the logic of substitution, operative in both liberal capitalist ideology—in which the Jewish people represent the forces of capital, obsolete pre-modern tradition, and statelessness—as well as fascist ideology—in which the Jewish people represent the metaphysical forces of evil and “negativity as such.” Finally, I assert that the principal commonality between modern abstract sacrifice in the Terror and the Holocaust is the fact that the victims were all reduced to exchangeable representatives of an abstract category, in spite of the fact that their unique identities were indispensable for the ideological justification of these mass-sacrifices. (shrink)

We do two things in this article: develop a novel conception of domination and show how the Kurdish people are dominated in this novel sense. Conceptions of domination are usually distinguished in terms of paradigm cases and whether they are moralised and/or norm- dependent accounts, or neither. By contrast, we argue there is a way of understanding domination in terms of distinct social kinds. Among kinds of domination, like economic or racial or sexual domination, there must be a specifically political (...) kind of domination. Borrowing from Carl Schmitt’s framework of differing degrees of political enmity, we argue political domination is best understood as an existential form of domination whereby one people aim to prevent the independent exis- tence of another people mainly through the uncontrolled power and extreme violence involved in absolute enmity. This conception of exis- tential domination is offered as an example of a non-moralised, norm- independent account of domination. We then argue that the Kurdish people, who are the largest stateless people in the world, suffer existen- tial domination from the absolute enmity expressed towards them by the four nation-states they find themselves dominated within: Turkey, Syria, Iraq and Iran. (shrink)

The present article is devoted to the problem which is debated today, namely, whether Greek poleis and the Roman Republic were early states or they represented a specific type of stateless societies. The diversity of sociopolitical evolution is expressed in a tremendous variety of the early states proper among which the bureaucratic states represent just one of many types. The democratic early states without bureaucracy were early states of another type. In this article Athens and the Roman Republic are (...) analyzed as examples of this very type. (shrink)

In this essay, I argue that there are two more or less distinct theories of the State in Hegel. The first, and better known, is developed in the Philosophy of Right, wherein Hegel endorses the notion of a coercive, centralised, and hierarchical 'Ideal State'. This is precisely the theory which certain radical Hegelians of the nineteenth century (e.g., Marx and Bakunin) viewed with such deep suspicion. The second, which has not received as much attention by commentators, appears in the Phenomenology (...) and other early writings. Although this theory introduces many of the key components of Hegel's later political philosophy, it is nonetheless far more radical in its political implications--most important, in its gesturing toward a society which makes room for the realisation of the stateless, classless vision of anarchist communism. The point is not to demonstrate that Hegel is inconsistent or self-contradictory, but show that there are elements of creative tension within his political theory which are not only sufficient to vindicate him from the criticisms of Marx and Bakunin, but also to re-contextualise him as a radical precursor. As I shall argue, the kind of society that emerges in the final chapters of the Phenomenology need not contain the elements of coercion and class struggle which appear in the Philosophy of Right and repulse Marx and Bakunin. On the contrary, such a society may be understood as prefiguring the classless, stateless society which both Marx and Bakunin ultimately endorse. (shrink)

This essay offers a standard by which to assess the feasibility of market anarchism. In anarchist thought, the concept of feasibility concerns both the ability and the willingness of private defense agencies to liberate their clients from state oppression. I argue that the emergence of a single stateless pocket of effective, privately-provided defense for a “reasonable” length of time is sufficient to affirm feasibility. I then consider the failure of private defense agencies to achieve even this standard. Furthermore, I (...) identify five possible explanations for the conspicuous absence of private defense agencies. These explanations are entrepreneurial, technological, or economic in nature, or result from a lack of consumer demand or a lack of incentive for violence specialists to refrain from aggression. Of these, only an economic deficiency renders anarchism intrinsically unworkable. (shrink)

Disputes over territory are among the most contentious in human affairs. Throughout the world, societies view control over land and resources as necessary to ensure their survival and to further their particular life-style, and the very passion with which claims over a region are asserted and defended suggests that difficult normative issues lurk nearby. Questions about rights to territory vary. It is one thing to ask who owns a particular parcel of land, another who has the right to reside within (...) its boundaries and yet another to determine which individuals or groups have political rights of citizenship, sovereignty, and self-determination within it. It must also be asked how these rights—if ‘rights’ is the correct term—are acquired. When attention turns to the territorial rights of communities, national groups or states, sovereignty is the principal concern. Within international law, de facto power over a territory, say, of occupying forces or trustees, is insufficient to possess or acquire sovereignty (Brownlie, 1990, p. 111). The central conceptions underlying modern democratic thought are that sovereignty over a politically demarcated territory is vested in the resident population, and that governmental authority is derived from the consent of that population. It is simple enough to identify the latter with the citizenry of a state, but demographic and political flux makes this a loose criterion. States come and go, and sometimes a territory is stateless. Also, large-scale demographic shifts during upheavals and peacetime immigrations change the assessments of who belongs where. Does everyone residing in a place at a particular time have a right to share in its governance then? What about illegal immigrants? Presumably, sovereignty rests with the established population or.. (shrink)

My concern in this paper is how to reconcile a central tension in Hannah Arendt’s thinking, one that – if left unresolved – may make us reluctant to endorse her political theory. Arendt was profoundly and painfully aware of the horrors of political evil; in fact, she is almost unparalleled in 20 th century thought in her concern for the consequences of mass political violence, the victims of political atrocities, and the most vulnerable in political society – the stateless, (...) the pariahs, the outcasts. At least, this is the case in her discussions of concrete, historical political situations. Yet in her philosophical writings, she continues to argue that the political realm ultimately redeems human existence, and furthermore, that politics should remain distinct and autonomous from moral evaluation. Political action must be evaluated according to “greatness,” not goodness or any other explicitly moral or even ethical standard. She goes so far as to suggest that politics and morality may be deeply hostile to one another, and can only be reconciled in situations of extreme emergency. This can leave many feeling both perplexed and deeply uncomfortable with the theory of human action that Arendt proposes. Drawing on her notions of political conscience, judgment and - in particular - her account of forgiveness, in this paper I argue that Arendt offers an ethics of plurality, in which what is good is developed from what is most politically important: amor mundi, or love of our shared political world. (shrink)

In recent years, the growing number of persons to whom basic human rights have been explicitly denied—stateless persons, refugees, undocumented workers, sans papiers and unlawful combatants—has evidenced the logic of contemporary nation-state politics. According to this logic, the state defines itself by virtue of what it excludes while what is excluded is given no other recourse than the state for its protection. Hannah Arendt elucidates this logic when she observes that the stateless and the refugee can only be (...) recognized as human beings when they have already been recognized as citizens. Their appeal to human rights for protection was fruitless because they needed to have citizen rights, the recognition of a government, or of other citizens who can appeal to that government, in order to invoke these rights. In the terms Arendt uses to name political action, one needs to be seen and heard already, the privileges of those who are citizens, in order to appeal to be seen and heard. Just as political life (bios), in order to be free, was only possible once the necessities were accounted for in natural life (zoē), so citizenship is recognized to the exclusion of the non-citizen, that is, the merely human. -/- . (shrink)

An ideal constructor produces geometry from scratch, modelled through the bottom-up assembly of a graph-like lattice within a space that is defined, bootstrap-wise, by that lattice. Construction becomes the problem of assembling a homogeneous lattice in three-dimensional space; that becomes the problem of resolving geometrical frustration in quasicrystalline structure; achieved by reconceiving the lattice as a dynamical system. The resulting construction is presented as the introductory model sufficient to motivate the formal argument that it is a fundamental structure; based on (...) which, it is proposed that where mathematics’ numbers conventionally correspond to dimensionless points on the stateless number line, numbers more fundamentally correspond to an ordering of discrete objects constructed within the stateful number lattice. A second observation is that this fundamental lattice structure is helically configured with fractal character, which, as it relates to the geometry underlying spacetime, has relevance to questions in physics, particularly those involving wave-particle duality. (shrink)

Multiple states are at risk of becoming uninhabitable due to climate change, forcing their populations to flee. While the 1951 Refugee Convention provides the gold standard of international protection, it is only applied to a limited subset of people fleeing their countries, those who suffer persecution, which most people fleeing climate change cannot establish. While many journalists and non-lawyers freely use the term “climate refugees,” governments, and courts, as well as UNHCR and many refugee experts, have excluded most climate refugees (...) from the Convention as a matter of legal interpretation. In our 2015 paper, “Unable to Return in the 1951 Refugee Convention: Stateless Refugees and Climate Change”, we sought to reopen the debate on “climate refugees” by arguing that some climate refugees qualify under the 1951 Convention as it is currently written (even if they are not persecuted): those who are stateless and are unable to return to their country of origin because climate change has rendered it uninhabitable. Our interpretation, however, has been rejected by Goodwin-Gill and McAdam (2021) and by Foster and Lambert (2019), which explicitly responds to our paper. Here, we address and respond to their arguments, and develop a new supplementary one, drawing on the principle of systemic integration, as enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties. (shrink)

Recent crises in Europe and beyond have renewed a longstanding debate on the status and treatment of refugees. Hannah Arendt famously questioned the limits of universalistic human rights discourse based on the widespread phenomena of statelessness and displacement that emerged during and after World War II. In this paper, we analyze recent patterns of inclusion and exclusion of refugees in Italy through the lens of Arendtian narrative and theorizing. We consider three cases of interaction between families, schools, and other public (...) institutions in light of the shifting normative framework before and during the war in Ukraine. Two major insights emerge from this analysis. From a pedagogical point of view, the most promising educational practices with refugees are those centered on enabling their agency and corresponding experiences of "natality". From an ethical-political perspective, these practices highlight a latent tension between the universalistic scope of human rights enshrined in the human rights declarations and their structural dependence on the particular norms and procedures enacted by nation states. The understanding and teaching of human rights within our political communities is inseparable from the practices that engage with refugees. In this sense, our practices of inclusion and exclusion affect the understanding of national borders as a barrier or threshold with other political communities, but also the interpretation of our own ethical-political principles. (shrink)

The Rohingyas, the longest-standing stateless refugees in Malaysia, are continuously denied access to formal education. The UN Refugee Agency and local non-government organizations run learning centers that offer non-formal education to Rohingya children. Existing literature highlights that, in the absence of formal openings, alternative educational programmes remain the main provider of refugee education in Malaysia. This study, using the Inter-Agency Network for Education in Emergencies' five-domain framework, examines the educational standards provided to Rohingya refugees in Malaysia. The findings suggest (...) that most learning centers lack financial, human, and infrastructural resources. Lack of opportunity for secondary schooling makes primary education less worth it. Moreover, prevailing cultural and religious norms make it challenging for Rohingya children (especially girls) to access educational opportunities outside the community. National examinations and academic accreditation for learning are inaccessible to refugees, including Rohingyas. This paper deliberates on some immediate and long-term measures that can potentially address these issues. However, all actors, including UNHCR and the Malaysian government, must collaborate towards formulating a sustainable solution to this critical problem. (shrink)

It is common to think that state enforcement is a restriction on freedom that is morally permitted or justified because of the unfortunate circumstances in which we find ourselves. Human frailty and material scarcity combine to make the compromise of freedom involved in exclusive state enforcement power necessary for other freedoms or other goods. In the words of James Madison, ‘if men were angels, no government would be necessary’ (1990: 267). But there is an opposing tradition, according to which the (...) very idea of freedom in society entails the necessity of state enforcement. However morally good human beings are, or whatever material conditions they find themselves in, on this view, the ideal of freedom we ought to be concerned to realise is such that it cannot be attained without state enforcement. It follows a priori from an important ideal of freedom that a state with exclusive enforcement power is necessary for individual liberty in society. In this paper, I argue against what I take to be the strongest argument of the a priori kind, which begins from the neo-republican ideal of freedom as non-domination, and thereby in (partial) defence of the alternative, Madisonian, view. Insofar as it is true that some sort of problematic domination will inevitably be present in a stateless society, I argue, the introduction of a state can do nothing to eliminate it. For the state to improve on even an ideal stateless society, it would need to give individuals control over the interference of potential dominators of a sort that could not be achieved in the ideal stateless society. -/- . (shrink)

A pressing issue in Vietnam which is attracting attention from INGOs and the Vietnamese government is out-of-school-children (OOSC). Comparatively with other developing and middle-income countries, Vietnam hosts some of the most impressive educational attainment rates, on par with developed countries, comprising of almost equal gender parity rates, and ‘achieving’ Millennium Development Goal 4 (MDG), universal primary education, ahead of schedule. There are a wide range of historical, social, structural, cultural and economic factors outside the formal education setting which contribute to (...) the OOSC issue in Vietnam. In this assignment I shall conduct an in-depth analysis into the local and social elements, as well as the political, national and international factors which combine to compound the issue. Uneven distribution of state resources mean that children in rural and mountainous areas disproportionately suffer from low quality schooling and rural communities often lack things like healthcare facilities and clean water which affects educational attainment and completion rates. Geographical positioning of industrialised zones has led to 6.7 million people domestically migrating to find work, migrant children are overrepresented in the OOSC statistics, as are the unknown number of stateless children. Child labour is often a realistic alternative to schooling for impoverished families, and another point to be examined is the ethnic minority population, who disproportionately feature in OOSC statistics. This essay will focus on the rising inequality caused in this author’s opinion by structural adjustment reforms carried out in the late 80’s and 90’s to bring Vietnam into the global trading arena, and whilst considering that there are social and cultural issues which factor into the OOSC issue, I will be examining how implementation of a Neoliberal ideology has increased inequality and therefore compounded the OOSC issue by shining a spotlight on the inherent problems of a Neoliberal focus. To contextualise the argument, I will highlight the nationwide benefits that the reforms have granted to the Vietnamese economy and society. I will use the Neoliberal model compared with the Capabilities Approach to explore whether the Neoliberal and human capital perspective of ‘development as increased human capital’ and nationwide economic gains are sufficient when considering development, and when dealing with the most vulnerable in society. I will argue that the current Neoliberal focus of Vietnam and the wider global society is indeed not sufficient to guarantee access to quality education for the poorest in society, and will argue that Vietnam’s perception of ‘achieving’ MDG 4 which focuses on attainment over quality, is simply not enough. (shrink)

The philosophical foundation of human rights has become more explicit, given that the presumption of peace in the Preamble to the Universal Declaration of Human Rights demands further development, both in its definition and in the conditions or requirements for its fulfillment. Based on the discussion of the human right to peace, we propose to reinterpret the Arendtine expression “The right to have rights” as the philosophical formula that calls for the ascension of peace to a legal enunciation; this is (...) based on the critique of Human Rights, the valuation of human singularity, and on believing in the merging of actions and discourses that characterize Hannah Arendt’s politics.Keywords: peace, human rights, stateless persons, philosophical foundation, the human right to peace. (shrink)

This article considers concrete manifestations of the politogenesis multilinearity and the variation of its forms; it analyzes the main causes that determined the politogenetic pathway of a given society. The respective factors include the polity's size, its ecological and social environment. The politogenesis should be never reduced to the only one evolutionary pathway leading to the statehood. The early state formation was only one of many versions of development of complex late archaic social systems. The author designates various complex non-state (...) political systems as early state analogues. The early state analogue posed a real alternative to the state for a rather long period of time, whereas in many ecologically marginal regions they could compete quite seriously with the state sometimes until recently. Thus, it was only in the final count that the state became the leading form of political organization of complex societies. The very pathways to statehood had a few versions. One may group them into two main types: ‘vertical’ and ‘horizontal’. Within the ‘vertical’ model the state formation took place in a direct way, i.e. directly from small pre-state polities to primitive statehood. Within the ‘horizontal’ model we first ob-serve the formation of early state analogues that were quite com-parable to the state as regards their complexity, whereas later those analogues were transformed into states . (shrink)