Transferable Sovereignty

45 Pages Posted: 8 Jan 2019 Last revised: 10 Jul 2019

See all articles by Joseph Blocher

Joseph Blocher

Duke University School of Law

G. Mitu Gulati

Duke University School of Law

Date Written: July 8, 2019

Abstract

In November, 1908, the international community tried to buy its way out of the century’s first recognized humanitarian crisis: King Leopold II’s exploitation and abuse of the Congo Free State. And while the oppression of Leopold’s reign is by now well-recognized, comparatively little attention has been paid to the mechanism that ended it—a purchased transfer of sovereign control. For the first and possibly only time in history, a sovereign was paid to relinquish control of an oppressed region. Existing accounts have explored Leopold’s exploitative acquisition and ownership of the Congo, and their implications for international law and practice. But it was also an economic transaction that brought the abuse to an end.

The forced sale of the Congo Free State is our starting point for asking whether there is, or should be, an exception to the absolutist conception of territorial integrity that dominates traditional international law. In particular, we ask whether oppressed regions should have a right to exit – albeit perhaps at a price – before the relationship between the sovereign and the region deteriorates to the level of genocide.

Keywords: sovereignty, property, colonialism, independence, human rights, self determination, markets, law and economics, refugees, immigration

JEL Classification: N17, N47, K33

Suggested Citation

Blocher, Joseph and Gulati, Gaurang Mitu, Transferable Sovereignty (July 8, 2019). Duke Law School Public Law & Legal Theory Series No. 2019-4. Available at SSRN: https://ssrn.com/abstract=3305851 or http://dx.doi.org/10.2139/ssrn.3305851

Joseph Blocher (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Gaurang Mitu Gulati

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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