Tuesday, November 19, 2013

Duane Hilaire
Outline

Introduction
Max Weber stated that, "a 'state' if and insofar as its administrative staff successfully upholds a claim on the monopoly of the legitimate use of violence in the enforcement of its order."[1] If this definition holds true then, if a state is unable to control the ‘monopoly of violence in its borders then the fail in the essence of being a state. The Middle East as well as parts of North Africa has long been classified as a sultanistic/dictatorial region as the majority of leaders have consolidated power to such an extent that no one dare oppose their rule. However, in recent years a drastic shift in ideology which resulted in an all-out revolution and eventually led to the destruction of such aforementioned regimes. There are many reasons as to why revolutions transpire. These reasons can range from unjust and ineffective government to the rise and mobilization of the indigenous in defiance of corrupt government policies. As Goldstone states, there are four reasons as to why revolutions succeed:
1. Government must appear unjust and ineffective.
2. Elite in the military must be alienated from the state no longer willing to defend it.
3. There must be the existence of broad based sections of society who are dissatisfied with the regime.
4. International powers either refuse to intervene in to defend the country and refrain from using maximum force to defend the country.[2]
Thesis Paragraph
If these four criteria are met then it stands to reason that the target sate has failed to meet the criteria of a state and as such should be denied legitimacy however that is not the case. So my question to you is why do some states not gain recognition from external states when they fulfill these criteria when other states who fail do retain their recognition? The answer to this question is not clear cut; but using countries like Egypt and Tunisia, I intend to highlight that the International Community i.e. the UN should not deny territories like Palestine that meet the criteria of a state recognition, when countries already recognized are failing at the benchmarks they set in their UN charter.
Body Paragraphs
A.    Brief explanation of UN Charter
                   I.            Criteria for becoming a state
                II.            Theories on State legitimacy
B.     Loss of Government Legitimacy in Egyptian Revolution and Tunisian Revolution.
                               I.            Brief history of both revolutions as they relate to legitimacy i.e. should they retain recognition.
C.      Can we recognize Palestine as a state based on criteria?
Conclusion
Answer the question: should the UN deny territories like Palestine that meet the criteria of a state recognition, when countries already recognized are failing at the benchmarks they set in their UN charter?

Sources
Masoud, Tarek. Arabs Want Redistribution, So Why Don’t They Vote Left? Theory and Evidence from Egypt. No. rwp13-007. 2013.

Goldstone, Jack A. 2011. “Understanding the Revolutions of 2011.” Foreign Affairs. May/Jun2011, Vol. 90 Issue 3, p8-16. 8p.

English.ahram.org.eg. "SCAF: A brief history of injustice - Politics - Egypt - Ahram Online." n.d..http://eglish.ahram.org.eg/NewsContent/1/64/26220/Egypt/Politics-/SCAF-A-brief-history-of-injustice.aspx.

Ziv, Guy. 2013. "Simple vs. Complex Learning Revisited: Israeli Prime Ministers and the Question of a Palestinian State". Foreign Policy Analysis. 9 (2): 203-222.

 Grant, Thomas D. "An Institution Restored? Recognition of Governments: Legal Doctrine and State Practice, 1815-1995. By MJ Peterson. New York, New York: St. Martin's Press, Inc.; London: Macmillan Press Ltd.(1997).." Va. J. Int'l L. 39, (1998): 191--1221.

Princeton.edu. "Monopoly on the legitimate use of physical force." 2013. http://www.princeton.edu/~achaney/tmve/wiki100k/docs/Monopoly_on_the_legitimate_use_of_physical_force.html (accessed 20 Nov 2013).

 Un.org. "UN News Centre | Becoming a member of the United Nations." n.d. http://www.un.org/News/dh/infocus/UN_membership.shtml (accessed 20 Nov 2013).

 Un.org. "Charter of the United Nations." n.d.. http://www.un.org/en/documents/charter/ (accessed 20 Nov 2013).




[1] Princeton.edu. "Monopoly on the legitimate use of physical force." 2013. http://www.princeton.edu/~achaney/tmve/wiki100k/docs/Monopoly_on_the_legitimate_use_of_physical_force.html (accessed 20 Nov 2013).
[2] Goldstone, Jack A. 2011. “Understanding the Revolutions of 2011.” Foreign Affairs. May/Jun2011, Vol. 90 Issue 3, p8-16. 8p.

1 comment:

  1. Duane!, your topic is very interesting, I believe you are going on the right track. I think that in addition to solely focusing on the UN charter definition and requirements to be a recognized state, you should mention about the politics involved of why a country is not recognized from different perspectives. The major players such as Britain, China, The United States, Russia, and France have strong reasons as to why a country does not become recognized. I think that if you include this, your paper would be much more persuasive and would have a stronger argument as supposed to only using the UN charter, plus you have much more examples as to why a country is not recognized and how politics is deeply-involved.

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