Friday, 26 March 2021

"The Unwritten Brazilian Constitution: Human Rights in the Supremo Tribunal Federal" [Book Launch] by Dr Becak and Dr Lima [video]

 


The Unwritten Brazilian Constitution: Human Rights in the Supremo Tribunal Federal

[Book Launch]

Dr Rubens Becak and Dr Jairo Lima 

University of Sao Paulo and State University of Northern Parana, respectively, Brazil.


Juris North Monthly Discussion

Wednesday 24th March 2021.



Friday 26th March 2021
Dr Jorge Emilio Núñez
Twitter: @DrJorge_World

Wednesday, 24 March 2021

Christ Consciousness. 5: Showing your light

 


Showing your light

Holy books have several passages that insist on not hiding our light. Yet, we insist on diminishing and belittling ourselves daily. In a society that praises instant success and discards tradition, hard work and positive values, we are constantly reminded on TV, the news and social media that we should aim to be like someone else, achieve a certain standard or just not to care at all.

“Your body should be healthier” or “own your body even if you look like a balloon,” “pay attention to this or that historical figure and how they changed the world for the better” or “accept yourself even if your life will not impact positively anybody,” “aim high” or “do not aim at all,” “save humanity” or “be careless,” and so many other contradictory messages are around us. Yet, most people go on autopilot from one extreme to the other, one day feeling empowered about who and how they are and the next day trapped in anxiety, depression and unhappiness.

The key is simple: ““You are the light of the world. A city set on a hill cannot be hidden. Nor do people light a lamp and put it under a basket, but on a stand, and it gives light to all in the house. In the same way, let your light shine before others…” (Matthew 5:14-16). It is not about mirroring or pleasing others or some external specifications. It is about honouring who you are and acknowledging we all have a different gift. There is a proviso: the gift is not yours. You are only responsible of protecting and sharing the gift you have been given with others. And the caveat too implies the bigger the gift, the bigger the responsibility and, most probably, the inner and outer challenges.

Because the gift is for you to share with others, avoid self-centeredness and self-righteousness, two of the many inner challenges. Remember you are a vessel and your job is to channel the light within and be a beacon for others. As important as the inner challenges, rest assured you will have to face outer resistance. In a previous post, we have already mentioned all these challenges and relevant defences and we will explore them in detail in the future. The post today is solely here to remind you about your gift and the fact you have two options: to honour your light and let it shine or to hide it.

In a message that illustrates both inner and outer challenges, Rumi said it well: “Start a huge, foolish project, like Noah…it makes absolutely no difference what people think of you.” On the surface, “people” here may appear to be the external challenge but it will be your own, for example, feeling of embarrassment or inadequacy that may stop you from shining bright. “People” will still be there whether you glow or not. Moreover, “huge” and the reference to “Noah” do not mean you have to change the world or become the Prime Minister overnight. It means that, regardless of who you are, there is a “knowing” in you that you should follow. Be the best Mum, the most resourceful personal assistant, the wisest philosopher, the fastest typewriter you can be. Again, remember, this is about you and your own light. This is not a competition. The previously mentioned examples seem to suggest comparisons in which one individual is somehow better that another one or the whole. Wrong interpretation (and surely, an interpretation that will fit perfectly with our ego). More precisely, your gift is your responsibility and you do not need to compare yourself with anything or anybody else to “know” if you honour your call or not. There is a deep certainty that will shine through regardless of any externality when you give your all.

In brief, you are now transiting the physical realm. Your soul decided to be or was sent here. Whether you chose to be here or you were sent for a reason is irrelevant. You are playing the game called life. Because we are living in a physical vessel we have to comply with the laws of physics. Yet, your soul is still here. The same is true about your light. Simply put, your soul is luminous. There is no need to ignite, accept or acknowledge this. Trust me, trust yourself, as I know, you too do. What separates you from shining is not your ability but your will. You may choose to honour God, Allah, the Universe, the Source, the Eternal, the One, the Many and do it. It is easier than that. Surrender. Choose to honour yourself and shine. Because by being a beacon of light you are who you are meant to be, who you have always been.

Previous post:

Christ Consciousness. 4: A time for everything

Available at: https://drjorge.world/2021/03/18/christ-consciousness-4-a-time-for-everything/

Wednesday 24th March 2021

Dr Jorge Emilio Núñez

Twitter: @DrJorge_World

https://drjorge.world

Thursday, 18 March 2021

Christ Consciousness. 4: A time for everything

 


A Time for Everything

Ecclesiastes 3 (New International Version)

There is a time for everything,

and a season for every activity under the heavens:

a time to be born and a time to die,

a time to plant and a time to uproot,

a time to kill and a time to heal,

a time to tear down and a time to build,

a time to weep and a time to laugh,

a time to mourn and a time to dance,

a time to scatter stones and a time to gather them,

a time to embrace and a time to refrain from embracing,

a time to search and a time to give up,

a time to keep and a time to throw away,

a time to tear and a time to mend,

a time to be silent and a time to speak,

a time to love and a time to hate,

a time for war and a time for peace.



Previous post:

Christ Consciousness. 3: Threats and defences, reaction, response and proaction

Available at: https://drjorge.world/2021/03/17/christ-consciousness-3-threats-and-defences-reaction-response-and-proaction/

Thursday 18th March 2021

Dr Jorge Emilio Núñez

Twitter: @DrJorge_World

https://drjorge.world


Wednesday, 17 March 2021

Christ Consciousness. 3: Threats and defences, reaction, response and proaction

 


Threats and defences, reaction, response and proaction

The first post introduced the idea that “no-one will come to save you.” Therefore, if you want to get through the pandemic and anything else in life, at least spiritually, this is a challenge you have to face yourself. No-one else can do it for you. True, there may be others who may have empathy or sympathy towards you. Yet, if you do not want to make the change yourself no-one will be able to do it for you. Similarly, but in a larger scale, if our communities intend to improve and finish with quarrel, wars and any other negative trait, each of us will have to help co-create a better, healthier and more luminous reality.

I referred too to threats and defences. Indeed, like any change in the real, ideal or metaphysical realm, to go to the next level implies challenges. Some of these challenges are within while some others are without. The good news is that we already have everything we need to overcome these challenges individually and as a collective. The defence mechanisms, however, require intention and action and, in some cases, omissions. I will broadly mention the threats and defences below and, thereafter, we will explore each of them in more detail in the future.

By external threats I mean what some religions usually call “Satan’s strategies.” Consider here Satan as a metaphor of things like false prophets, gossip and some (maybe most) daily news. To defend ourselves from these external threats we need the “armour of God.” Whether you follow any religious tradition or not is not relevant. Through God, Allah, the Universe, the Source, the Eternal, the One, the Many (like in every post, the name we use here is irrelevant. It is just a man-made label for communication. Therefore, I use them interchangeably) each of us knows, or at least has an idea, about justice, faith and truth. These and a few more positive values are the elements that should form our armour.

By internal threats I refer to things like ego, negative thoughts and emotions. For many, these are the most difficult threats to overcome. The means to deal with them is “living water.” Similar to the encounter between Jesus and the Samaritan woman, we have a tendency to go for easy and quick fixes when we feel, for example, emptiness, boredom, envy or jealousy. True, at that point in time, the quick fix does the trick. But, like the Samaritan woman, after a while, emptiness, boredom, envy and jealousy take over again. The same is applicable to ego and any negative thought and emotion. The defence, which I call “living water” refers to a more profound change, the one Jesus offered in that encounter at the water well and in many others.

The above is a brief account of the kinds of threats we face as individuals and as part of the collective, externally and internally, and how we may tackle them. Obviously, there is more we can do. The defences I have just mentioned are predominantly responsive. Certainly, we can be more committed towards ourselves and our evolution and that of others. I insist on this point. If we want to get to the next level we too need to think about the wellbeing of others, what I refer to as the collective. There is no doubt there is a need for individual work. If we want to move to the next level, though, we must create the platform together. That is what I call co-creation.

In addition to how we may respond to internal and external threats, we may be as well proactive. Let me explain what I mean. A threat may come into our life and we may either respond or react. The examples detailed above are responses because the aim is solely to protect us and the collective; not to inflict harm on the attacker or the threat itself, whether they originate in another individual or our own self. If we choose to react and answer back with a counterattack we simply feed the threat’s energy. All in all, while a response neutralises the threat and protects us and the collective, a reaction feeds that same threat and helps it grow and become stronger, more painful, darker.

We will explore reactions and responses, threats and defences in more detail in the future. I just wanted now to introduce these distinctions as well as the more proactive option. Instead of getting ready in the event a threat happens, we may work on strengthening our internal armour and our external armour. The way is simple: we may strengthen both the internal and external armour by honouring our soul. For an entity such as us that is now experiencing the physical and ideal realms the first challenge is to accept our soul, to surrender to it. The expression “leap of faith” perfectly describes this first step. We either have faith and believe or we do not. The second we ask for proofs, start intellectualising the metaphysical or try to find experiential evidence, the second we neglect the invisible, the untouchable, the unthinkable.

To recapitulate, we can protect ourselves and the collective from internal and external threats by being responsive or reactive. The former brings balance in us and others while the latter enhances the gap within and without. By gap I mean here the “distance” between us, our physical and ideal “I” or “We” and our soul. We have more options. We too can work on ourselves and the collective by going back to us, our soul, because by going back to our soul we go back to the Source.

Previous post:

Christ Consciousness. 2: We are not all born equal

Available at: https://drjorge.world/2021/03/16/christ-consciousness-1-we-are-not-all-born-equal/

Wednesday 17th March 2021

Dr Jorge Emilio Núñez

Twitter: @DrJorge_World

https://drjorge.world

Christ Consciousness. 2: We are not all born equal

 


We are not all born equal

Often, we see on the news, in rules and speeches that we are supposed to be equal. This is a mistake or, at best, not a truism. It is important here to distinguish between realms. 

We know now there are different realms, the factual or empirical, the logical or ideal and the metaphysical. Our soul is part of the metaphysical realm. When our soul comes into existence in this physical world it is when we may argue whether we are equal or not. Souls do not argue about this… or anything. Souls just are.

In principle, all souls are equal because we are all part of the same entity we called God, Allah, the Universe, the Source, the Eternal, the One, the Many (the name is irrelevant. It is just a man-made label for communication. Therefore, I will use them interchangeably from now on).

When we come into existence in the physical realm we cease to be equal. Each of us arrives with a different purpose and a different journey. Hence, each of our bodies and minds are designed to navigate this existence. Some of us are born as baby boys while some others are born baby girls; some of us may be born differently abled (maybe blindness, deafness, Down syndrome); and so on.

Physically, for our sensory systems, we are different. Remember our five physical senses—sight, hearing, touch, smell and taste—are simply tools we use in our physical form to comprehend and navigate the physical realm. It is because of this fact that human beings create ideal conceptualization to enable different people to interact safely with each other.

Consider law, morality and religion. We create normative systems (a set of acceptable behavioral standards) in order to treat each equally regardless of our physical differences. In short, when our souls are born into a physical body we stop being equal and in order to interact with each other, be safe from threats, provide for our basic needs, etc. we create normative systems. One of these systems is law. There are many more examples such as morality, religions, rules of etiquette and about how to play a certain game. 

Our mind, the interpreter of the ideal realm, is directly linked to our physical existence. Our mind has to do with the thoughts and emotions that are created in our brain, part of our physical body. Therefore, our mind is connected with our human physical experience through our physical body in our interaction with others, our culture, our language, our relationship with our parents and neighbors, peers and so on. In that sense, our mind is conditioned by our physical body, our experiences and our environment. 

The fact that our physical bodies and our minds are conditioned does not mean that our soul is. We are only different and, consequently, differently abled in our physical and ideal realms (our physical bodies and our minds have different abilities). Once again, I am going to a stress it is important to distinguish different realms. Our soul is part of the metaphysical realm and out of reach for our sensory systems and mind.  It is impossible to capture through our five senses or through our intellect our soul and the complexity of the metaphysical realm. The closest we are able to reach are glimpses of this realm through experiences such as what we call the sixth sense, prophecies and epiphanies.

You may ask why some people are more aware of the metaphysical realm and other are completely oblivious. We usually call the ones who may get glimpses of the metaphysical realm gifted. This gift is in reality a difference by design in the body and mind, what nowadays we refer to as neuroplasticity. 

Our mind is used to understanding empirical experiences, concepts and ideas in a logical way. From childhood, we learn information such as notions, procedures and structures and we make sense out of them in a myriad of ways. For example, we may apply logic by inducing or deducing something as well as empirical analysis by experimenting. Our mind will translate any kind of results we find into concepts and we will add labels to this concepts through our language—e.g. Spanish, English, Portuguese, Italian, technical, scientific, colloquial. Language, like any other human creation, is man-made. 

Because the metaphysical has to do with a reality that is not perceived by our senses or by our mind, it is impossible for any language to be able to translate exactly the content, nature and meaning of the soul. It is beyond those realities and, therefore, it cannot be comprehended empirically or intellectually. That is why for some people that have glimpses of the metaphysical realm is so hard to express their experience in any man-made created language. 

It is for that same reason that all religions agree on this point: in order to see God, we must have faith. Allah is not accessible through our senses or our mind. Conversely, because the Eternal cannot be intellectualized, religions disagree about several things. When all these religions refer to the Source, they point out to same entity, the same realm, the metaphysical. The problem they fail to acknowledge is that they use different approaches and different languages. As a result, they refer to a different angle of the same realm or to the same angle in different forms. Consider the expressions “God” and “Dios.” Both expressions refer to the same entity but in different languages, that is “God” in English translates into “Dios.” However simple, if two people had an argument about “God” or “Dios” they would not understand each other unless they spoke the same language or they were able to translate the expression. In a similar fashion, this is applicable to religions when they use different physical or ideal experiences and notions to refer to the metaphysical realm. Unsurprisingly, they do not understand each other and, consequently, disagreement, disputes and conflicts happen.

There is still hope. I will finish today with a quotation that sums up the way. We will discuss this point in more detail soon.

"men of diverse tribes, professing diverse religions, and speaking diverse languages, have taken the strange decision to be reasonable. They have resolved to forget their differences and stress their affinities."

Los Conjurados, Jorge Luis Borges.

Previous post:

Christ Consciousness. 1: No-one will come to save you

Available at: https://drjorge.world/2021/03/14/christ-consciousness-1-no-one-will-come-to-save-you/

Tuesday 16th March 2021

Dr Jorge Emilio Núñez

Twitter: @DrJorge_World

https://drjorge.world

Christ Consciousness. 1: No-one will come to save you

 

No-one will come to save you

It may sound gloomy but it means you are your own saviour. The pandemic seems on the surface new but with just a bit of attention we can easily acknowledge it came to magnify what was already there. At the level of the individual: greed, jealousy, selfishness and many more self-destructive traits. At the level of communities: corruption, poverty, hunger, racism and discrimination to name just a few.

God, the Universe, the Source, the Eternal (the name is not important) is giving us all an opportunity to reflect and to decide which path will follow. Indeed, for the third time in human history we are given a choice. Whether you believe the Garden of Eden or the Crucifixion existed, they are metaphors or just histories for children or to manipulate people, the message now is the same: we are all given the opportunity to raise self or to keep our spiral downwards.

This is the time of the new coming, the time of judging. The misinterpretation or wrong assumption is that someone from the up above will come and act as a judge, will assess our good deeds and wrongdoings and send us to the heavens or to hell. Wrong. The judgment is in each of us as individuals and as nations. The outcomes too have to be with each of us and all around us. We are being asked to raise. Last time, He raised for us. We were unable or not willing to do it. He showed us the way. We had time to learn. It is now our time.

The pandemic puts in front of us an illness of the flesh. There is a spiritual battle at the same time and space but a different realm. While coronavirus act against our bodies and minds there are invisible elements to the senses that are attacking our spirituality.

The realms I mention here are three, that of the fact or empirical, that of the logic or ideal and the soul or metaphysical. The first realm is captured by our five physical senses—sight, hearing, touch, smell and taste. The second realm is recognised by our mind or intellect, our rational side. The third realm is perceived in our core, it is a knowing. Different from the other two realms, the spiritual is always in us. The physical and the rational are just some of the many experiences our soul is able to go through and the mechanisms to help us in those journeys are specially designed for them. Hence, for the physical realm the senses and for the ideal realm our mind.

If we are honest with ourselves, something in us has been whispering for a while (for some, maybe even shouting) there is something wrong. God, the Universe, the Source, the Eternal is simply putting it in front of us now with the pandemic for our senses and our minds so we do not have any other option but to acknowledge it. We cannot neglect, avoid or ignore it anymore. There is something wrong and we either fix it or face the consequences.

The challenge is both individual and collective. The universe is evolving and we may be left behind. We are given an opportunity to go to the next level with the rest that is around us. This time, however, no-one will come to save us. To go to the next level or to remain in limbo is up to each of us and our communities. On the physical and rational realms, the fight is in our bodies and our minds. Coronavirus debilitates our cells and destabilises our mental health. These are only symptoms and not the root cause. They come to us to force the acknowledgment there is something very wrong and we have to do something about it or else…

On the spiritual realm, each of us and our communities have to deal with external and internal threats. The good news: each of us has all we need to face these threats. We all have external and internal defences.

Next time I will be referring in more detail to the spiritual battle we are transiting and introduce the defences each of us count with. In the meantime, keep on keeping on and ask for guidance to your inner compass. If you find it difficult to find or trust your inner compass or you do not know whom to ask for guidance, just voice your intention in your mind, paper or deeper inside (in any of the three realms in the form you sense more in tune with you). You have the knowing. It is in each of us. Do not try to follow someone else’s prescribed procedure. There is no recipe. It is simple: you already know.

If you still struggle and still need something for the senses or your mind to grasp, something more tangible, think of Christ. The belief in him is not important. All traditions accept him; they only differ in the role he played or his physical and mental attributes (Christians, Muslims, Jews and others just argue about issues pertaining the physical and ideal realms). So, if it is difficult to access by yourself to your own knowing with an intention, think of Christ and ask him to do it on your behalf. Keep your intention simple. You may ask for anything you want. If the sentences and paragraphs made sense to you, you should intuit that to go to the next level the intention should be selfless, beyond your own material or intellectual gains.

Let us all start co-creating our next experience. Trust me on this: it requires your intention to go beyond yourself. Some will make it. Some will remain here. No-one else can do it for you. No-one will come to save you. The choice is yours.

Sunday 14th March 2021

Dr Jorge Emilio Núñez

Twitter: @DrJorge_World

https://drjorge.world

Monday, 15 March 2021

BOOK PREVIEW: Chapter Nine. Territorial Disputes and State Sovereignty

 


Territorial Disputes and State Sovereignty
International Law and Politics

By 

Jorge E. Núñez



Chapter Nine: Conclusive remarks, limitations and future implications



This book is one of several steps in order to assess and potentially find viable ways to solve territorial disputes. The first step, Núñez 2017[1], presented sovereignty conflicts as a matter of ideal theory and, therefore, did not consider real implications in territorial disputes. These pages aimed to continue the path by exploring some factual and logical, ideal and non-ideal features in ongoing territorial disputes around the world.[2] This time, together with conceptual elements, many current territorial disputes were introduced to compare and contrast some differences and find some common, arguably constant, features. Therein, whilst the monograph offers an understanding of the dynamics of territorial disputes, it also helps contribute to international law and politics by developing a more integrated approach to theory building.

These chapters had two simple yet fundamental premises. First, a comprehensive and more robust understanding of international conflict requires a global and inter-disciplinary assessment. Secondly, integrated and useful theories of international law and politics must agree on a common set of key conceptual elements for the evaluation of territorial disputes if they aim to integrate their findings in order to explore potential permanent and peaceful means to settle them.

Chapter 1 introduced the core conceptual and methodological elements and the overall structure. Some constant features in all territorial disputes were highlighted: ongoing and pervasive nature of territorial disputes and sovereignty conflicts, their multi-layered nature and the lack of common scientific ground to assess them and, therefore, to solve them. Chapter 2 examined the concept of “state.” By introducing its basic componentsi.e. population, territory, government (or government and lawand a sample of theories in legal and political sciences that refer to the state it resulted more evident that different theories and bodies of literature refer to the same concept but give preeminence to one or some of its elements in their analysis. Therein, despite these theories and bodies of literature refer to the same concepti.e. state-and the same elementsi.e. population, territory and government (or government and law) legal and political sciences offer different conceptions based on the element (or sub-element) of analysis. Therein, disagreements are apparent and not intrinsic to the concept of state itself but to the views related to the concept (or real phenomena behind this concept). These views are based on hermeneutical and evaluative elements than can easily be agreed between different disciplines in order to have conceptual or substantive results (or both) that can further the study of the state. In turn, chapter 3, introduced the concepts of sovereignty and self-determination. The purpose of the assessment was to demonstrate that sovereignty and self-determination are inclusive and that by shifting the focus from territory to people territorial disputes might find a solution. If the assessment of territorial disputes can center on elements other than territory, sovereignty can be shared in a way in which is beneficial to all the claiming agents, and self-determination may lead to solutions different from secession, there is room for territorial disputes to be resolved by cooperative approaches.

Chapter 4 presented territorial disputes, different kinds of claims, issues at stake and the different contexts at play—i.e. domestic, regional and international. Indeed, territorial disputes are multi-faceted and multi-level. Therefore, to leave aside elements on their evaluation is to risk a partial understanding of a complex situation. To be more precise, the challenger and the challenged agents in a territorial dispute may use any kind of claim—i.e. colorable claim—that may be the same, but not necessarily, for their initiation, continuation and escalation into conflict or a peaceful and permanent settlement.  In addition to this, the same ground for any claim may be valued differently. Consequently, a comprehensive and more appropriate evaluation of territorial disputes should accept a variety of issues at stake and should include the domestic, regional as well as international contexts.

Currently, there are many remedies to settle permanently and peacefully territorial disputes. Chapter 5 presented rules and methods such as negotiation, mediation, inquiry, conciliation, arbitration and regional and international institutions and organizations such as the United Nations, the International Court of Justice, the Organization of American States, the Arab League, only to name a few. Despite the myriad of procedures and institutions, parties in a dispute do not use them or seek their assistance to solve their differences. Consequently, this chapter introduced a set of pre-requisites that should be taken into account before any procedure for dispute settlement is chosen. Thereafter, the final paragraphs included the egalitarian shared sovereignty as a way to deal with the multi-level and multi-faceted quality of these disputes that, at least in theory, no reasonable party may reject.

Chapters 6, 7 and 8 included references to a sample of ongoing territorial disputes around the world. Chapter 6, with the Americas, introduced the common roots in all cases: the historical component based on colonial times. Thereafter, three main thematic areas and some controversial examples in each occasion were reviewed: the cases that included a participant in the dispute outside the American continent; the neo-colonial interference of the United States in other states; and the ongoing territorial disputes between states in the region. Some partial conclusions indicate that any population in a disputed territory, whether implanted for “right-peopling” reasons or indigenous, may pose a different interest to the ones represented by the claimant sovereign states. Chapter 7, with Europe and Asia, focused the analysis on two main facets. With the European cases, the emphasis was given to the sociological components whilst the Asian selected examples highlighted the interconnections the domestic, regional and international contexts have. Also, this chapter shifted from the ideal view of a unique “state plan of life” to the acknowledgment that real case scenarios will include a variety of individual and collective interests that may have (but do not need to) different views about justice and the dispute itself. Finally, chapter 8, with territorial disputes in Africa and Middle East, brought all the aforementioned theoretical background briefly together. That is to say, all disputes include several issues at stake and the domestic, regional and international contexts have a degree of influence. Indeed, territorial disputes are multilayer and multi-contextual. Moreover, it highlighted the fact that people can be another instrument in feeding conflict through right-peopling of the territory.

These chapters show that it is in the comprehensive understanding as multilayer and multi-contextual nature of territorial disputes that a path towards a better explanation of their complexity can be built. For instance, civil societies may include internal divisions based on history, ethnicity, religion, etc. that can have an impact in the way these different groups perceive the dispute and their role as a political community in them. Secondly, governments and leaders may opt to keep the difference in a political and legal status quo because of the higher pay-off to their prestige and power (rather than a definitive and peaceful solution). Furthermore, together with local and regional actors, there are other international agents (not necessarily regional ones) that have a direct interest in these areas and, consequently, the way in which the dispute develops depending on their own interests and their alliances with any of the original local and regional claimants.

It should be evident by now that these claims, issues at stake and contexts work together in negative synergy resulting in the origin and continuation of territorial disputes and their potential escalation into conflict. Ergo, these disputes have to be comprehended in light of their complexity. That is to say, any study should firstly, acknowledge the different claims by the different claiming parties, the different evaluation of these claims by each of these parties and the fact that each claiming party will present different subgroups, interests and views within. Secondly, it should accept their complex nature because of the several issues at stake. Finally, it should contextualize the dispute locally, regionally and internationally for a more accurate comprehension. Therein, by gaining a better, more robust, exhaustive and accurate understanding of their intricacy, it may be possible to reimagine in theory, and hopefully, in reality, a way towards solving them peacefully and permanently.


Book Launch Video






Book launch at the Department of Law, Stockholm University, the Stockholm Centre for International Law and Justice and the Department of Philosophy, Uppsala University.


Available for pre-order:  

Routledge:

Amazon:



Monday 15th March 2021

Dr Jorge Emilio Núñez
Twitter: @DrJorge_World

Friday, 12 March 2021

BOOK PREVIEW: Chapter Eight. Territorial Disputes and State Sovereignty

 


Territorial Disputes and State Sovereignty
International Law and Politics

By 

Jorge E. Núñez




Chapter Eight: Territorial disputes in Africa and Middle East


This chapter presents territorial differences in Africa and Middle East.[1] Chapter 6 included references to the historical roots behind the territorial disputes in the Americas. Chapter 7 highlighted the sociological facets, both in terms of civil societies and leader’s prestige, in territorial disputes in Europe and the reciprocal influence between the domestic, regional and international contexts in major differences in Asia. 
It is not that territorial disputes center exclusively on one of these issues at stake—e.g. historical roots, border minorities, financial situation, natural resources, etc. —but a combination of them. 
Indeed, one of these elements may be more central than the others in terms of the initiation and continuation of these disputes, and whether they settle peacefully or they escalate into conflict. However, it is the combination of these different issues at stake that characterize fully territorial disputes and to neglect any of them is to guarantee their ongoing and pervasive nature.

Similarly, some of these territorial disputes may center more heavily on domestic issues while others have to do mainly with the regional or international context. In any case, to narrow the study to one of these spheres—i.e. domestic, regional or international—is to have a partial view of the complexity of territorial disputes and, therein, to misinterpret the real depth of each difference.

Consequently, this chapter brings together the issues at stake already introduced and all three contexts—i.e. domestic, regional and international—using ongoing territorial disputes in Africa and the Middle East to showcase them. 
The first section aims to demonstrate that current territorial disputes and sovereignty conflicts in Africa have colonial roots that still impact sociologically, financially, legally and politically the continent. Similar to the Americas, former colonial powers left behind “artificially” created divisions in what used to be a “territory” sociologically defined. The assessment aims to show how European understanding in legal and political sciences is not appropriate to comprehend the complexity of these realities. The interaction between the domestic-regional original pre-European social tensions and the international contexts given by European influence first, and currently by central states such as the United States and China agendas fuel ongoing territorial disputes. 

The last section will introduce broadly territorial disputes in the Middle East and in particular the Israeli-Arabian conflict. The analysis will center on the evaluation of domestic, regional and international issues at stake with particular focus on religion, geopolitical importance, right-peopling of the territory, and leaders’ prestige.

Book Launch Video






Book launch at the Department of Law, Stockholm University, the Stockholm Centre for International Law and Justice and the Department of Philosophy, Uppsala University.


Available for pre-order:  

Routledge:

Amazon:



NEXT POST:

Book Preview: Territorial Disputes and State Sovereignty [Chapter 9: Conclusive remarks, limitations and future implications]

                   

Friday 12th March 2021
Dr Jorge Emilio Núñez
Twitter: @DrJorge_World

Thursday, 11 March 2021

BOOK PREVIEW: Chapter Seven. Territorial Disputes and State Sovereignty


 

Territorial Disputes and State Sovereignty
International Law and Politics

By 


Jorge E. Núñez




Chapter Seven: Territorial disputes in Europe and Asia


This chapter evaluates ongoing territorial disputes in Europe and Asia, which have different characteristics from the territorial disputes in the Americas. The disputes in Europe share a common thread: the sociological component. In Asia, the disputes clearly demonstrate the negative synergy created when the domestic, regional and international contexts merge.

The first section centers on cases that involve two ethnic or nationality groups living in the same or adjacent territory, neither of which wants to belong to a state dominated by the other (the cases of Crimea, Gibraltar, Cyprus and Northern Ireland illustrate this segment). 
The section introduces, compares, contrasts and appraises many domestic, regional and international issues at stake, such as geopolitical importance, territorial integrity and historical entitlement, and highlights the role of sociological components such as nationalism, minorities and national identity. Furthermore, the region provides several samples of situations that could potentially be resolved but in which a leader’s prestige works against a final and peaceful settlement because the status quo or ongoing tension provides them higher pay-off with their constituency.

The second section focuses on geostrategic location locally, regionally and globally, focusing on the cases of Kashmir and the South China Sea. This section gives particular attention to an often-overlooked element in territorial disputes: the fact that non-regional parties and their interests play a major role in their origin, continuation and potential escalation into conflict. 
Similarly to the European cases, the Asian examples have leaders profiting from the ongoing nature of the territorial dispute and using them to gain domestic and international support.

The overall aim of this chapter is to explore in more depth elements other than territory that are directly involved with the initiation and continuation of territorial disputes. Historical roots are an important factor, as the cases in the Americas illustrate. Yet, even in situations in which it may seem that historical interference from external influence has not been an issue for a long time, deeply embedded intra-social tension between different groups contributes towards the perennial nature of some territorial differences. Moreover, these domestic frictions are exploited by national leaders and international agents not necessarily part of the region who have their own agendas.


Book Launch Video






Book launch at the Department of Law, Stockholm University, the Stockholm Centre for International Law and Justice and the Department of Philosophy, Uppsala University.


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Book Territorial Disputes and State Sovereignty [Chapter 8: Territorial disputes in Africa and Middle East]
                   
Thursday 11th March 2021
Dr Jorge Emilio Núñez
Twitter: @DrJorge_World