Gibraltar and the Egalitarian Shared Sovereignty
Time
to solve Gibraltar. The last four posts introduced very briefly the background
situation of this TERRITORIAL DISPUTE.
- Post 31: Territorial disputes: Gibraltar (Part 1)
- Post 32: Territorial disputes: Gibraltar (Part 2)
- Post 33: Territorial disputes: Gibraltar (Part 3)
- Post 34: Territorial disputes: Gibraltar (Part 4)
This series introduces TERRITORIAL DISPUTES and attempts to solve them
as a matter of ideal theory. That means we conduct a theoretical experiment to
evaluate what reasonable people would decide given some facts.
When we
addressed Kashmir, we centered the attention on population (religion,
ethnicity, etc.).
When it was the time to deal with the Falkland/Malvinas
islands, we focused on territory (borders, natural resources, etc.).
With
Gibraltar, the analysis will be about government and law. That is because of
two main reasons: a) Gibraltar has already taken the first steps towards a
solution; b) by considering government and law, we complete the assessment of our
current understanding in legal and political sciences of a “sovereign state.”
- Post 3: Territorial disputes: State and its elements. Population
- Post 4: Territorial disputes: State and its elements. Territory
- Post 5: Territorial disputes: State and its elements. Government
- Post 6: Territorial disputes: State and its elements. Law
Government
can be defined as a person, group of people or body that create and apply the
law for the population in a given territory.
Together with population and
territory, it completes the necessary elements that constitute a minimal political
and societal organization. Government offers some controversial features in any
TERRITORIAL DISPUTE.
The following posts will review some of these features
using the case of Gibraltar to show their implications.
The
focus will be first on the financial system and later on specificities about
power share. The main reason to proceed this way is because power sharing has
many different implications, and amongst other sub-elements law. Thereby, and
in order to have a clear picture it is advisable to deal with one issue at a
time, review it, see how EGALITARIAN SHARED SOVEREIGNTY could be best realized.
REMINDER:
The
allocation of sovereignty will be given by: a) equal right to participate
(egalitarian consensus principle); b) the nature and degree of participation
depends on efficiency of accomplishing the particular objective/area/activity
at issue (principle of efficiency); c) each party receives a benefit (in terms
of rights and opportunities) that depends on what that party cooperates with
(input-to-output ratio principle); and d) provided the party with greater
ability and therefore greater initial participation rights has the obligation
to bring the other two parties towards equilibrium (equilibrium proviso). I
call this way of dealing with sovereignty conflicts or disputes the EGALITARIAN
SHARED SOVEREIGNTY.
Many
questions are to be expected. Amongst them: How is that translated into
Gibraltarian autarchy and financial system first?; b) how may it be possible to
share power?
The
next posts on this blog series about TERRITORIAL DISPUTES will cover these
questions.
NOTE:
This post is based on Jorge Emilio Núñez, “Territorial Disputes and State
Sovereignty: International Law and Politics,” London and New York: Routledge,
Taylor and Francis Group, 2020 (forthcoming)
Previous
published research monograph about territorial disputes and sovereignty by the
author, Jorge Emilio Núñez, “Sovereignty Conflicts and International Law and
Politics: A Distributive Justice Issue,” London and New York: Routledge, Taylor
and Francis Group, 2017.
NEXT
POST (available on Monday 25th November 2019): Gibraltar, the Egalitarian Shared Sovereignty, the financial system,
government and law
Friday 08th November 2019
Dr Jorge Emilio Núñez
Twitter: @London1701
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