The Westphalian myth

Was the Peace of Westphalia and its implications for state sovereignty one big myth?

The apparently ineradicable notion (repeated even by many recent historians of the war) that the Peace of Westphalia sanctioned the “sovereignty” of Switzerland and the Netherlands and their independence from the empire demonstrates this. In the case of the Swiss it is based on a willful (and sometimes uninformed) interpretation of the relevant clause in the treaties, giving it a meaning that its drafters did not intend. And as to the Dutch the treaties do not even deal with them.

The complete autonomy of Switzerland vis-a-vis the empire was uncontroversial in practice, and the Swiss were reluctant to have anything to do with the peace congress. If they eventually allowed themselves to be represented there by the burgomaster of Basel, it was because this city had only joined the Swiss confederation after the other cantons had had their autonomy recognized in a treaty of 1499. The supreme courts of the empire (more particularly, the Imperial Cameral Tribunal) did not consider Basel to be exempt from their jurisdiction and allowed lawsuits against Basel and its citizens, a situation that had caused continual irritation. For this reason Basel insisted on having the immunity of the entire confederation reconfirmed in such a way that it would cover Basel, too. The request was granted, and a clause to that effect included in the treaties. This clause, which explicitly names Basel as its initiator and beneficiary, restates the immunity (exemptio) of the Swiss cantons from the jurisdiction of the empire and their complete autonomy (plena libertas).

Read the rest (pdf). All you Holy Roman Empire fans will enjoy it, too.

Nightcap

  1. The specter of neocolonialism Deborah Leter, Africa is a Country
  2. Sovereignty, IR, and the Westphalian myth (pdf) Andreas Osiander, IO
  3. The trouble with police unions Daniel DiSalvo, National Affairs
  4. Polycentric democracy and its enemies (pdf) David Andersson, C+T

Forthcoming: Reviving the libertarian interstate federalist tradition

One of my papers was accepted for publication in the libertarian journal The Independent Review. Here’s an excerpt:

This essay aims to fill that gap by making four arguments:

1. Prominent classical liberals and libertarians have long recognized the importance of interstate federalism for not only individual liberty but security for liberal polities in the international arena as well.

2. The American federalists of the late 18th century faced the same problems we face, and the distinct interstate order that they patched together to solve those problems is not an outmoded Leviathan; it is the missing piece of the puzzle to the libertarian and classical liberal tradition of interstate federalism.

3. The piecemeal federation of political units under the U.S. constitution would achieve more freedom for more people, and this interstate federalism should be enthusiastically embraced as the foreign policy principle for libertarians and classical liberals.

4. The American Proposal would solve the security (and cost-sharing) dilemma for liberal polities, but it would also contribute to a decline in the worrisome trend of presidential government in the United States.

I gotta give props to the editors and the referees of the journal. I know they didn’t like my argument, but they were fair, helpful, and a whole lotta fun. I’ll have more on this soon. In the mean time, here’s a sneak peak (pdf).

From the Comments: New Republics, Westphalia, and Russian Strategy

Thomas L. Knapp (check out his two contributions to the most recent Cato Unbound symposium on voting) has a great comment about Ukraine (Russia) that deserves further scrutiny:

In order for Putin to “pull out of” Ukraine, he’d first need to be in Ukraine.

The new republics which seceded from Ukraine are not in Ukraine.

Knapp brings up an interesting point that most geopolitical outlets and experts rarely consider (the Washington Post‘s Worldviews is a notable exception, as is Ilya Somin over at Volokh Conspiracy), and because of that these outlets fail to provide any depth or light to the world around us. There are three aspects of Knapp’s excellent comment that I’d like to hone in on.

The new republics

First, what are these “new republics” Knapp mentions? If you don’t count Crimea (wiki), which Moscow formally recognized in 2014, then the new republics that declared their independence from Ukraine are Luhansk (wiki) and Donetsk (wiki). Both polities are roughly 3300 square miles in area and house roughly 1.5 million people (you can get the exact numbers from the wiki links I provided above). Here is a map:

74717073_ukraine_donetsk_luhansk_referendum_624
(source)

Alarmingly, both republics style themselves “people’s republics” and (less alarmingly) have aligned publicly with Moscow. Russia, by the way, has not recognized these “new republics,” for geopolitical reasons I hope to make clear below.

Westphalian sovereignty

Russia does not like to recognize new polities (“republics”) because of its adherence to the ideal of Westphalia, which is state sovereignty (elsewhere at NOL Barry Stocker argues that the Westphalian ideal can be better understood as an early modern cosmopolitanism rather than state sovereignty). All throughout the Cold War Russia and China were staunch supporters of the Westphalian ideal (as were states in Africa and Asia that broke away from colonial empires), and they became even more so after the collapse of socialism in 1993. State sovereignty is the idea that states (“countries”) have sole control over what goes on in their own borders, and that any interventions of any kind, by any type of organization, needs to be approved by the state. It is called “Westphalian” because of the Treaty of Westphalia that was signed by a number of major and minor European states in the 17th century. The major states were able to maintain a balance of power and the minor states were able to assert more sovereignty over their territories than ever before because they were signatories of an international treaty. (Edwin van de Haar’s article in the Independent Review [pdf] on the balance of power as the most libertarian option available is worth reading, and is made stronger, I believe, by Giovanni Arrighi’s argument [pdf] that the balance of power led directly to the “capitalist oligarchies” that eventually pushed feudalistic institutions out of Europe beginning in the late 15th century.)

Russia, China, and other autocratic regimes prefer an international system that is respectful of state sovereignty because of the fact that this idea helps their governments to administer an amount of coercion on populaces that Western states consider immoral or rights-violating.

Russian strategy

Why did Russia hint at recognizing Donetsk and Luhansk, but ultimately decide not to recognize them? Because the West has been recognizing separatist republics since the USSR fell apart, and it has done so in the traditionally Russian sphere of influence (noticeably carving up Yugoslavia at Serbia’s geographic expense). The West has not carved up post-Soviet space by simply recognizing the sovereignty of self-proclaimed republics, but also by incorporating these polities into the international system that it dominates. Russia wants to show elites (but not necessarily the public) that it is tired of policymakers ignoring Westphalian notions of sovereignty (which are enshrined in the UN charter that almost all recognized states have signed; when they sign it they get rent-seeking privileges, but that’s a story for another day…).

This is fairly straightforward logic on Moscow’s part. When the West supported Kosovo’s secession from Serbia (in defiance of Article 2(4) of the UN charter), Russia responded by supporting South Ossetia and Abkhazia breaking away from Georgia before annexing them. The interesting thing here is that Russia even mimicked Western use of force to back up its play. When the West supported Montenegro’s secession from Serbia (in defiance of Article 2(4) of the UN charter), Russia responded by supporting Donetsk, Crimea, and Luhansk breaking away from Ukraine before annexing Crimea. The interesting thing here is that Russia even mimicked Western use of force to back up its play. Both Russia and the West used minimal military resources to achieve their objectives, and both played the sovereignty card to back up their actions.

blog-map-of-caucasus
(source)

Western policymakers will never be able to bring liberty to Russia, and liberty will never be known by Russians if the rule of law is trumped by geopolitics. The West dominates the world’s international governing organizations. It has made the rules. It has drawn up the contracts. It has invited the non-West to participate. It has given concessions in order to gain the non-West’s support. So when the West breaks the rules it first outlined and drew up, the non-Western polities it convinced to join IGOs in the first place cannot be expected to take such rules seriously. The fact that Russia does play by the West’s rules, by taking seriously the claims of breakaway regions, suggests that the West has been in the wrong post-1993.

American media pundits and critical thinking

All of this leads me back to sensationalist headlines about nefarious Russian meddling in the American presidential election. Don’t believe any of that garbage. Firstly, look at how often American foreign policy pundits have been wrong. Just look! Amid the cries of Russian meddling in the Clinton-Trump contest you can surely hear the faint echoes about weapons of mass destruction in Iraq. Secondly, all good analyses of geopolitical affairs provide at least some bit of historical context to them. Does your foreign policy pundit use history as a guide? Thirdly (and lastly), when thinking about a country remember that most accounts will have a point of view that shadows the consensus found in the world’s political and financial centers, which are useful but will sacrifice important details in the name of efficiency (and efficacy).

American libertarians, of all the factions out there, realize this best. Unfortunately, until they can shake the isolationist dogma that has paralyzed the movement since the Rothbard era of the 70s and 80s, they will continue to be marginalized in contemporary discussions about foreign policy, either as token libertarians in a Republican administration or as token libertarians in the “anti-war” movement (I put “anti-war” in scare quotes because by now it should be obvious that this movement represents the Democratic Party [pdf], not an ideal; see, though, Michael Kazin’s excellent, if ultimately unconvincing, argument for a different take on the disappearance of the anti-war movement once Obama and the Democrats came to power). New republics, secessionist movements, and other endeavors of exit are often embraced by American libertarians because of their autonomist appeal, but if they don’t pay attention to how state actors view such movements, especially regional and global hegemons, they may end supporting some very nasty regimes in the name of liberty.