When it comes to American Indian treaties, the American polity too often forgets the realities of history. Prevailing perceptions are often not only inaccurate but also premised on outright falsehoods. Treaty-making was profoundly influenced by tribal conceptions of diplomacy. Colonial and early U.S. treaties especially were clothed in ritual, metaphor, and covenants that emphasized the sacred nature and purpose of diplomacy and represented a time when tribal nations were equal partners. To understand the nature and meaning of tribal treaties one needs to read them and recognize their sacred pledges and meaning, which are still relevant today.
This volume examines intertribal treaties and treaty-making and provides understanding of both the agreements and the diplomatic protocols in which they were enmeshed. It summarizes colonial Indian treaty discourse, intertribal treaties and diplomacy, the different eras of ratified and unratified U.S. treaties, foreign and state treaties with Indian nations, and the Indian agreements that followed the cessation of official treaty-making. It provides extensive lists of over 1,500 Indian treaties from all tribal diplomatic eras and includes dates, participants, purposes, and references.
Where do you draw the line? In the context of geopolitics, much hinges on the answer to that question. For thousands of years, it has been the work of diplomats to draw the lines in ways that were most advantageous to their leaders, fellow citizens, and sometimes themselves. Carving Up the Globe offers vivid documentation of their handiwork. With hundreds of full-color maps and other images, this atlas illustrates treaties that have determined the political fates of millions. In rich detail, it chronicles everything from ancient Egyptian and Hittite accords to the first Sino-Tibetan peace in 783 CE, the Sykes-Picot Agreement of 1916, and the 2014 Minsk Protocol looming over the war in Ukraine.
But there is more here than shifting territorial frontiers. Throughout history, diplomats have also drawn boundaries around valuable resources and used treaties to empower, liberate, and constrain. Carving Up the Globe encompasses these agreements, too, across land, sea, and air. Missile and nuclear pacts, environmental treaties, chemical weapons conventions, and economic deals are all carefully rendered.
Led by Malise Ruthven, a team of experts provides lively historical commentary, which—together with finely crafted visuals—conjures the ceaseless ambition of princes and politicians. Whether they sought the glory and riches of empire or pursued hegemony, security, stability, and GDP within the modern international system, their efforts culminated in lines on a map—and the enormous real-life consequences those lines represent and enforce.
Every day, coalition cabinets make policy decisions critical to international politics. Juliet Kaarbo examines the dynamics of these multiparty cabinets in parliamentary democracies in order to assess both the quality of coalition decision making and the degree to which coalitions tend to favor peaceful or military solutions. Are coalition cabinets so riddled by conflict that they cannot make foreign policy effectively, or do the multiple voices represented in the cabinet create more legitimate and imaginative responses to the international system? Do political and institutional constraints inherent to coalition cabinets lead to nonaggressive policies? Or do institutional and political forces precipitate more belligerent behavior?
Employing theory from security studies and political psychology as well as a combination of quantitative cross-national analyses and twelve qualitative comparative case studies of foreign policy made by coalition cabinets in Japan, the Netherlands, and Turkey, Kaarbo identifies the factors that generate highly aggressive policies, inconsistency, and other policy outcomes. Her findings have implications not merely for foreign policy but for all types of decision making and policy-making by coalition governments.
Convened following Napoleon’s defeat in 1814, the Congress of Vienna is remembered as much for the pageantry of the royals and elites who gathered there as for the landmark diplomatic agreements they brokered. Historians have nevertheless generally dismissed these spectacular festivities as window dressing when compared with the serious, behind-the-scenes maneuverings of sovereigns and statesmen. Brian Vick finds this conventional view shortsighted, seeing these instead as two interconnected dimensions of politics. Examining them together yields a more complete picture of how one of the most important diplomatic summits in history managed to redraw the map of Europe and the international system of the nineteenth and twentieth centuries.
The Congress of Vienna investigates the Vienna Congress within a broad framework of influence networks that included unofficial opinion-shapers of all kinds, both men and women: artists and composers, entrepreneurs and writers, hosts and attendees of fashionable salons. In addition to high-profile negotiation and diplomatic wrangling over the post-Napoleonic fates of Germany, Italy, and Poland, Vick brings into focus other understudied yet significant issues: the African slave trade, Jewish rights, and relations with Islamic powers such as the Ottoman Empire and Barbary Corsairs. Challenging the usual portrayal of a reactionary Congress obsessed with rolling back Napoleon’s liberal reforms, Vick demonstrates that the Congress’s promotion of limited constitutionalism, respect for religious and nationality rights, and humanitarian interventions was influenced as much by liberal currents as by conservative ones.
This book describes the constitutional law of foreign affairs, derived from the historical understanding of the Constitution's text. It examines timeless and recurring foreign affairs controversies--such as the role of the president and Congress, the power to enter armed conflict, and the power to make and break treaties--and shows how the words, structure, and context of the Constitution can resolve pivotal court cases and leading modern disputes. The book provides a counterpoint to much conventional discussion of constitutional foreign affairs law, which tends to assume that the Constitution's text and history cannot give much guidance, and which rests many of its arguments upon modern practice and policy considerations.
Using a close focus on the text and a wide array of historical sources, Michael Ramsey argues that the Constitution's original design gives the president substantial independent powers in foreign affairs. But, contrary to what many presidents and presidential advisors contend, these powers are balanced by the independent powers given to Congress, the Senate, the states, and the courts. The Constitution, Ramsey concludes, does not make any branch of government the ultimate decision maker in foreign affairs, but rather divides authority among multiple independent power centers.
The search for durable peace in lands torn by ethno-national conflict is among the most urgent issues of international politics. Looking closely at five flashpoints of regional crisis, Sumantra Bose asks the question upon which our global future may depend: how can peace be made, and kept, between warring groups with seemingly incompatible claims? Global in scope and implications but local in focus and method, Contested Lands critically examines the recent or current peace processes in Israel-Palestine, Kashmir, Bosnia, Cyprus, and Sri Lanka for an answer.
Israelis and Palestinians, Turkish and Greek Cypriots, Bosnia's Muslims, Serbs, and Croats, Sinhalese and Tamil Sri Lankans, and pro-independence, pro-Pakistan, and pro-India Kashmiris share homelands scarred by clashing aspirations and war. Bose explains why these lands became zones of zero-sum conflict and boldly tackles the question of how durable peace can be achieved. The cases yield important general insights about the benefits of territorial self-rule, cross-border linkages, regional cooperation, and third-party involvement, and the risks of a deliberately gradual ("incremental") strategy of peace-building.
Rich in narrative and incisive in analysis, this book takes us deep into the heartlands of conflict--Jerusalem, Kashmir's Line of Control, the divided cities of Mostar in Bosnia and Nicosia in Cyprus, Sri Lanka's Jaffna peninsula. Contested Lands illuminates how chronic confrontation can yield to compromise and coexistence in the world's most troubled regions--and what the United States can do to help.
On 13 August 1990 members of the Mille Lacs Band of Ojibwe filed a lawsuit against the State of Minnesota for interfering with the hunting, fishing, and gathering rights that had been guaranteed to them in an 1837 treaty with the United States. In order to interpret the treaty the courts had to consider historical circumstances, the intentions of the parties, and the treaty's implementation. The Mille Lacs Band faced a mammoth challenge. How does one argue the Native side of the case when all historical documentation was written by non- Natives? The Mille Lacs selected six scholars to testify for them. Published here for the first time, Charles Cleland, James McClurken, Helen Tanner, John Nichols, Thomas Lund, and Bruce White discuss the circumstances under which the treaty was written, the personalities involved in the negotiations and the legal rhetoric of the times, as well as analyze related legal conflicts between Natives and non- Natives. Justice Sandra Day O'Connor delivered the 1999 Opinion of the [United States Supreme] Court.
The Game of Conservation is a brilliantly crafted and highly readable examination of nature protection around the world.
Twentieth-century nature conservation treaties often originated as attempts to regulate the pace of killing rather than as attempts to protect animal habitat. Some were prompted by major breakthroughs in firearm techniques, such as the invention of the elephant gun and grenade harpoons, but agricultural development was at least as important as hunting regulations in determining the fate of migratory species. The treaties had many defects, yet they also served the goal of conservation to good effect, often saving key species from complete extermination and sometimes keeping the population numbers at viable levels. It is because of these treaties that Africa is dotted with large national parks, that North America has an extensive network of bird refuges, and that there are any whales left in the oceans. All of these treaties are still in effect today, and all continue to influence nature-protection efforts around the globe.
Drawing on a wide variety of primary and secondary sources, Mark Cioc shows that a handful of treaties—all designed to protect the world’s most commercially important migratory species—have largely shaped the contours of global nature conservation over the past century. The scope of the book ranges from the African savannahs and the skies of North America to the frigid waters of the Antarctic.
The man whom Indian nationalists perceived as the “George Washington of India” and who was President of the Indian National Congress in 1938–1939 is a legendary figure. Called Netaji (“leader”) by his countrymen, Subhas Chandra Bose struggled all his life to liberate his people from British rule and, in pursuit of that goal, raised and led the Indian National Army against Allied Forces during World War II. His patriotism, as Gandhi asserted, was second to none, but his actions aroused controversy in India and condemnation in the West.
Now, in a definitive biography of the revered Indian nationalist, Sugata Bose deftly explores a charismatic personality whose public and private life encapsulated the contradictions of world history in the first half of the twentieth century. He brilliantly evokes Netaji’s formation in the intellectual milieu of Calcutta and Cambridge, probes his thoughts and relations during years of exile, and analyzes his ascent to the peak of nationalist politics. Amidst riveting accounts of imprisonment and travels, we glimpse the profundity of his struggle: to unite Hindu and Muslim, men and women, and diverse linguistic groups within a single independent Indian nation. Finally, an authoritative account of his untimely death in a plane crash will put to rest rumors about the fate of this “deathless hero.”
This epic of a life larger than its legend is both intimate, based on family archives, and global in significance. His Majesty’s Opponent establishes Bose among the giants of Indian and world history.
Japan's modern international history began in 1858 with the signing of the "unequal" commercial treaty with the United States. Over the next fifteen years, Japanese diplomacy was reshaped to respond to the Western imperialist challenge. Negotiating with Imperialism is the first book to explain the emergence of modern Japan through this early period of treaty relations.
Michael Auslin dispels the myth that the Tokugawa bakufu was diplomatically incompetent. Refusing to surrender to the West's power, bakufu diplomats employed negotiation as a weapon to defend Japan's interests. Tracing various visions of Japan's international identity, Auslin examines the evolution of the culture of Japanese diplomacy. Further, he demonstrates the limits of nineteenth-century imperialist power by examining the responses of British, French, and American diplomats. After replacing the Tokugawa in 1868, Meiji leaders initially utilized bakufu tactics. However, their 1872 failure to revise the treaties led them to focus on domestic reform as a way of maintaining independence and gaining equality with the West.
In a compelling analysis of the interplay among assassinations, Western bombardment of Japanese cities, fertile cultural exchange, and intellectual discovery, Auslin offers a persuasive reading of the birth of modern Japan and its struggle to determine its future relations with the world.
In an increasingly complex and interdependent world, states resort to a bewildering array of regulatory agreements to deal with problems as disparate as climate change, nuclear proliferation, international trade, satellite communications, species destruction, and intellectual property. In such a system, there must be some means of ensuring reasonably reliable performance of treaty obligations. The standard approach to this problem, by academics and politicians alike, is a search for treaties with "teeth"--military or economic sanctions to deter and punish violation.
The New Sovereignty argues that this approach is misconceived. Cases of coercive enforcement are rare, and sanctions are too costly and difficult to mobilize to be a reliable enforcement tool. As an alternative to this "enforcement" model, the authors propose a "managerial" model of treaty compliance. It relies on the elaboration and application of treaty norms in a continuing dialogue between the parties--international officials and nongovernmental organizations--that generates pressure to resolve problems of noncompliance. In the process, the norms and practices of the regime themselves evolve and develop.
The authors take a broad look at treaties in many different areas: arms control, human rights, labor, the environment, monetary policy, and trade. The extraordinary wealth of examples includes the Iran airbus shootdown, Libya's suit against Great Britain and the United States in the Lockerbie case, the war in Bosnia, and Iraq after the Gulf War.
The authors conclude that sovereignty--the status of a recognized actor in the international system--requires membership in good standing in the organizations and regimes through which the world manages its common affairs. This requirement turns out to be the major pressure for compliance with treaty obligations. This book will be an invaluable resource and casebook for scholars, policymakers, international public servants, lawyers, and corporate executives.
The effort to achieve greater European unity has absorbed the interests and energies of a number of Europeans and Americans since the end of World War II. Edward Heath, who led Britain's earliest attempt to join the European Economic Community, first made this comprehensive statement of the philosophy and purpose behind the movement for European unity in a series of lectures he gave at Harvard University in March 1967. In discussing the future development of Europe, Mr. Heath considered factors relating to domestic and foreign politics, economics, and defense, presenting a complete picture of Europe and suggesting a course that might bring about a successful unity.
"The lectures," writes Mr. Heath in 1970, "...were an attempt to look behind the immediate headlines and examine in greater depth the stage which Europe had reached in its search for unity. I was particularly concerned to trace the development of the European Economic Community and to deduce from its history the direction of its future development. At the same time I examined Britain's attitude towards the EEC and how British aspirations in Europe fitted into a general concept of Britain's place in the world..."
"Much has happened since March 1967, but insofar as they concern Europe, events have in a curious way brought us full circle. Now, as in 1967, we in Europe are in the middle of a lively debate about our future. This debate has two main facets. It is partly a debate throughout our continent on the meaning and content of the search for European unity. It is partly a debate within Britain on the likelihood and wisdom of Britain's entry into the EEC and on the effect which such entry would have upon our future prosperity, security, and national identity."
Mr. Heath has updated the lectures in his introduction, although his lucid and intelligent analysis remains extremely far-sighted even in the context of subsequent political changes and events. His consideration of Europe's future is not merely theoretical--Mr. Heath speaks from the standpoint of one who has had direct and continuous practical experience with the problems of Europe. His frank recognition of Britain's loss of power in the world and his belief that through Europe his country may win new influence and play a new political role attest to his great insight. These lectures are thus an important political statement by one of Europe's outstanding leaders.
In 1880 the Jewish community in Palestine encompassed some 20,000 Orthodox Jews; within sixty-five years it was transformed into a secular proto-state with well-developed political, military, and economic institutions, a vigorous Hebrew-language culture, and some 600,000 inhabitants. The Origins of Israel, 1882–1948: A Documentary History chronicles the making of modern Israel before statehood, providing in English the texts of original sources (many translated from Hebrew and other languages) accompanied by extensive introductions and commentaries from the volume editors.
This sourcebook assembles a diverse array of 62 documents, many of them unabridged, to convey the ferment, dissent, energy, and anxiety that permeated the Zionist project from its inception to the creation of the modern nation of Israel. Focusing primarily on social, economic, and cultural history rather than Zionist thought and diplomacy, the texts are organized in themed chapters. They present the views of Zionists from many political and religious camps, factory workers, farm women, militants, intellectuals promoting the Hebrew language and arts—as well as views of ultra-Orthodox anti-Zionists. The volume includes important unabridged documents from the origins of the Arab-Israeli conflict that are often cited but are rarely read in full. The editors, Eran Kaplan and Derek J. Penslar, provide both primary texts and informative notes and commentary, giving readers the opportunity to encounter voices from history and make judgments for themselves about matters of world-historical significance.
The Napoleonic wars did not end with Waterloo. That famous battle was just the beginning of a long, complex transition to peace. After a massive invasion of France by more than a million soldiers from across Europe, the Allied powers insisted on a long-term occupation of the country to guarantee that the defeated nation rebuild itself and pay substantial reparations to its conquerors. Our Friends the Enemies provides the first comprehensive history of the post-Napoleonic occupation of France and its innovative approach to peacemaking.
From 1815 to 1818, a multinational force of 150,000 men under the command of the Duke of Wellington occupied northeastern France. From military, political, and cultural perspectives, Christine Haynes reconstructs the experience of the occupiers and the occupied in Paris and across the French countryside. The occupation involved some violence, but it also promoted considerable exchange and reconciliation between the French and their former enemies.
By forcing the restored monarchy to undertake reforms to meet its financial obligations, this early peacekeeping operation played a pivotal role in the economic and political reconstruction of France after twenty-five years of revolution and war. Transforming former European enemies into allies, the mission established Paris as a cosmopolitan capital and foreshadowed efforts at postwar reconstruction in the twentieth century.
The chapters that follow are grouped in three sections, corresponding to the three stages of peacemaking: reduction or management of regional conflict; peacemaking or progress toward a peace treaty; and maintenance of bilateral peace and the regionalization of the peace settlement. In each chapter, the contributors consider the five key questions from a variety of methodological, historical, cultural, and empirical perspectives, drawing data from the Pacific, the Middle East, Europe, Asia, and Latin America. The conclusion expands on several themes found in the chapters and proposes an agenda for future research.
This book presents a sociological study of how and why racial prejudice against members of a minority group comes to shape what happens to important political claims and aspirations of the group. Lawrence Bobo and Mia Tuan explore a lengthy controversy surrounding the fishing, hunting, and gathering rights of the Chippewa Indians in Wisconsin. The controversy started in 1974, when two Chippewa Indians were arrested for off-reservation fishing, and persisted into the 1990s. It involved the efforts of the Chippewa to assert their traditional spearfishing rights, which met with angry, racially charged responses from whites.
Bobo and Tuan develop a "group position" perspective on racial attitudes that takes account of the complex interplay of racial stereotypes and negative group feelings as well as the vested interests, collective privileges, and political threats that form the basis of racialized political disputes. They explore whether theories that explain race politics in the case of black-white relations are applicable to understanding Indian-white relations. The book uses a carefully designed survey of public opinion to explore the dynamics of prejudice and political contestation, and to further our understanding of how and why racial prejudice enters into politics in the United States.
In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination.
Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes.
Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.
Relations between the Chosŏn and Qing states are often cited as the prime example of the operation of the “traditional” Chinese ”tribute system.” In contrast, this work contends that the motivations, tactics, and successes (and failures) of the late Qing Empire in Chosŏn Korea mirrored those of other nineteenth-century imperialists. Between 1850 and 1910, the Qing attempted to defend its informal empire in Korea by intervening directly, not only to preserve its geopolitical position but also to promote its commercial interests. And it utilized the technology of empire—treaties, international law, the telegraph, steamships, and gunboats.
Although the transformation of Qing–Chosŏn diplomacy was based on modern imperialism, this work argues that it is more accurate to describe the dramatic shift in relations in terms of flexible adaptation by one of the world’s major empires in response to new challenges. Moreover, the new modes of Qing imperialism were a hybrid of East Asian and Western mechanisms and institutions. Through these means, the Qing Empire played a fundamental role in Korea’s integration into regional and global political and economic systems.
"Krutz and Peake's examination of the increase use of executive agreements offers a valuable lesson in how the president and Congress have responded and adjusted to the growth in the complexity of foreign relations to meet the demands of an ever-increasingly complex and interconnected international community."
---Victoria Farrar-Myers, University of Texas, Arlington
"From reading Treaty Politics and the Rise of Executive Agreements, I learned a good deal about a topic that I thought I knew well. This book will be an excellent addition to the literature on the presidency. It will be read and cited by scholars working in this field."
---Benjamin Ginsberg, Johns Hopkins University
"Glen Krutz and Jeffrey Peake's Treaty Politics and the Rise of Executive Agreements offers a provocative analysis of a neglected topic. Their theoretical and empirical challenge to the usual explanation for the growth of executive agreements, their careful analysis of the treaty process in the Senate and when that body can be decisive, and their assessment of the House of Representatives' role in the agreement process provide important new scholarship for students of the presidency, Congress, and foreign policy."
---James M. McCormick, Iowa State University
In foreign relations, U.S. presidents have exercised a growing independence through the use of executive agreements. The U.S. Constitution specifies that two-thirds of the Senate must ratify a proposed treaty but makes no provision for other forms of international agreements. In 1942 the Supreme Court affirmed the legality of executive agreements, and since World War II, they have outnumbered treaties by more than ten to one. Are presidents trampling the Constitution or seeking to streamline the diplomatic process?
Glen S. Krutz and Jeffrey S. Peake argue that the preference for executive agreements is the result of a symbiotic evolution of the executive and the legislative branches and that in order for the United States to survive in a complex, ever-changing global environment and maintain its world power status, it must fulfill international commitments swiftly and confidently. Members of Congress concur that executive agreements allow each branch to function more effectively. At the same time, the House continues to oversee particular policy areas, and presidents still submit the majority of the most significant international commitments to the Senate as treaties.
Krutz and Peake conclude that executive agreements represent a mutual adaptation of the executive and the legislature in a system of shared power.
Glen S. Krutz is Associate Director of the Carl Albert Center and Professor of Political Science at the University of Oklahoma.
Jeffrey S. Peake is Professor and Department Chair, Department of Political Science at Clemson University.
"Federal Indian law . . . is a loosely related collection of past and present acts of Congress, treaties and agreements, executive orders, administrative rulings, and judicial opinions, connected only by the fact that law in some form has been applied haphazardly to American Indians over the course of several centuries. . . . Indians in their tribal relation and Indian tribes in their relation to the federal government hang suspended in a legal wonderland."
In this book, two prominent scholars of American Indian law and politics undertake a full historical examination of the relationship between Indians and the United States Constitution that explains the present state of confusion and inconsistent application in U.S. Indian law. The authors examine all sections of the Constitution that explicitly and implicitly apply to Indians and discuss how they have been interpreted and applied from the early republic up to the present. They convincingly argue that the Constitution does not provide any legal rights for American Indians and that the treaty-making process should govern relations between Indian nations and the federal government.
The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the United States often seem to support international law in one way while neglecting or even violating it in another?
The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives. Accordingly, the fact that a state engages in one form of support does not presuppose that it will do so across the board. The contributors to this volume examine how and why the United States has engaged in each form of support across twelve issue areas that are central to twentieth- and twenty-first-century U.S. foreign policy: conquest, world courts, war, nuclear proliferation, trade, human rights, war crimes, torture, targeted killing, maritime law, the environment, and cybersecurity. In addition to offering rich substantive discussions of U.S. foreign policy in each of these areas, their findings reveal patterns across the U.S. relationship with international law that shed light on behavior that often seems paradoxical at best, hypocritical at worst. The results help us understand why the United States engages with international law as it does, the legacies of the Trump administration, and what we should expect from the United States under the Biden administration and beyond.
White Man's Paper Trail illuminates the pivotal role of treaty negotiations in the buildup to the Plains Indian wars, in American Indians' loss of land and self-determination, and in Euro-American westward expansion.
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