Monday, March 8, 2010

Summary-Para States, Quasi States, and Black Spots: Perhaps Not States, But Not ‘Ungoverned Territories,” Either

International Studies Review (2008) Vol. 10
Edited by Bartosz H. Stanislawski

In today’s technologically and economically connected world, problems like crime and terrorism have metamorphosed into boundary less arenas, often stemming their operations from remote regions lacking effective, recognized governance. To term these as ‘ungoverned’ however would be incorrect leading to false assumptions on part of policy makers.
Such zones lack formal, legitimate, democratic or state control and are in effect are controlled by structures that are undemocratic and intent on forwarding their own interests. In this stead ‘Black Spots’ represent territories in which and from which both transnational organized crime (TOC) and terrorism operate, often becoming criminal terrorist entities. These are places in the shadows of global attention and usually prefer to remain below the radar of security agencies.
Control of Territory and the Concept of State:
The 1933 Montevideo Convention on the Rights and Duties of States defines states as entities that have a) a permanent population, b) a defined territory, c) government, and d) the capacity to enter into relations with other states.
This definition implies complete or near complete control over territory and the monopoly over violence instrumental in the enforcement of laws of the state. Lacking these, a state de facto lacks credibility in the international arena.
Degree of ‘Stateness’:
Exceptions to the 1933 Montevideo Convention may exist, for example Israel’s borders since its inception have been highly disputed but the majority of the world does not question its statehood.
Also states may differ based on the degree of their territorial control and performance of governmental control. De jure but not de facto states became common in the postcolonial birth of many new states. Hedley Bull and Adam Watson (1984: 430) called them ‘nascent’, ‘quasi’ or ‘pseudo’ states or states due to international ‘courtesy’. Such ‘quasi states’ possess many features of sovereign states that result from their formal membership in the international community, but they lack ‘the political will, institutional authority and organized power to protect human rights or to provide socio-economic welfare’ (Jackson 1990:21). ‘Privatization’ of the ‘public’ domains ensues, resulting in ‘nepotism, patronage, bribery, extortion, and other personal or black market relationships’ (Jakson 1987: 527) or simply in ‘kleptocracy’ (Andreski 1968). Some examples of such states may be found in Afghanistan and Pakistan (McGirk 2004), parts of Caucasus and southern Europe (King 2001) and third world post conflict countries (TI- Global Corruption Report 2005).
Quasi-States and their Varieties: ‘As-If-States’ and ‘Almost-States':
As-If States may be termed as those that enjoy international recognition but lack de facto control of their territories, while ‘Almost States’ lack international recognition but are characterized by efficient internal control. Charles King (2001) notes examples of ‘Almost States’ may include Nagorno Karabakh (Azerbaijan), Transnistria (Moldova) or Abkhazia and South Ossetia (Georgia). He further notes that since the hostilities between these ‘almost states’ and the central governments have ceased, they have become ‘informational black holes’ where very little is known about them to the outside world.
Black Spots:
In the international security environment, entities may not always be categorized as weak states, failed states or para-states. one key characteristic defining them as black spots may be that they are territorial entities in which illicit actors or ‘transnational criminal organizations… demonstrate the potential… to challenge state sovereignty and gain local dominance’ (Bunker and Sullivan 2003:48).
When states, the guarantors of compliance with international legal standards, lack absolute control over their de jour territories, security concerns may be raised that may warrant external intervention. This however has been traditionally disputed by the concept of sovereignty. Black spots are thus areas that lack international recognition, and government control but nor are they ‘ungoverned’.
The term ‘Black Spot’ was coined to account for those spaces on the world map that appear to be outside of effective, recognized governmental control, sustained by illicit operations, and capable of breeding and exporting insecurity. §


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