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Research Articles - VTechWorks - Virginia Tech

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<strong>Research</strong> <strong>Articles</strong><br />

Crain<br />

sion to the sovereignty discourse; however,<br />

scholars continue to evaluate the changing<br />

ways through which legitimacy is achieved<br />

and lost. Von Rooy developed an important<br />

demarcation of legitimacy transactions,<br />

in which she argues that claims to legitimacy<br />

must be based firstly upon “meaningful<br />

representation” (Von Rooy 2004:<br />

67). The legitimacy dimension of sovereignty<br />

therefore necessitates “acceptance<br />

of representation” (Von Rooy 2004: 68).<br />

As such, localized populations maintain a<br />

significant role in this dimension of sovereignty<br />

1 . From this perspective, civil society<br />

cannot exist or achieve legitimacy without<br />

originating and operating from a very low<br />

level within Africa. Global civil society theorists<br />

tend to equate NGOs with civil society,<br />

since on the global stage they are the most<br />

prominent non-state actors in governance.<br />

However, especially in Africa these NGOs<br />

are often not representative of the locals<br />

for which they advocate, and so a distinction<br />

must be made. Global actors receive<br />

legitimacy when they have the capacity to<br />

reach and empower local movements in<br />

areas of failed state capacity. International<br />

actors, therefore, can achieve legitimacy<br />

through the accurate reflection of local interests.<br />

However, it is extremely important<br />

to remember that this legitimacy can only<br />

be granted by the localized population. It is<br />

also important to note that the state simply<br />

represents a single entity in a complex<br />

web of international governance capable of<br />

achieving local legitimacy.<br />

Secondly, sovereignty implies a certain<br />

level of capacity. This dimension follows<br />

logically from legitimacy; in order to receive<br />

legitimacy by internal and external agents,<br />

state institutions and rulers must hold the<br />

capacity to exercise influence and authority.<br />

This dimension, although it follows logically<br />

from the original concept of sovereignty,<br />

catalyzes a significant evolution of the<br />

1 This role has often been clouded by the state-society perspective in civil society literature.<br />

64<br />

sovereignty concept when placed within<br />

the failed states context of Africa. Since<br />

independence, African states have often<br />

been granted external legitimacy by the international<br />

community. However, since they<br />

have often failed to maintain the capacity<br />

to rule within their delineated territory, we<br />

witness a fracturing of sovereignty (Bacik<br />

2008). Essentially, the state formation process<br />

in Africa has proven that sovereignty<br />

can be shared between actors, and that<br />

the location of external legitimacy does not<br />

preclude internal capacity.<br />

Thirdly, sovereignty entails responsibility<br />

(Deng and Lyons 1996;1998). This dimension<br />

represents the most radical evolution<br />

of sovereignty theory, and it remains slightly<br />

theoretical due to the relative weakness<br />

of the international community. It reflects<br />

the collective response of the international<br />

community to the humanitarian and governance<br />

crises that have occurred in the<br />

developing world, and thereby reflects the<br />

global humanitarian ideals that have spread<br />

following the institutionalization of international<br />

cooperation. Essentially, states can<br />

no longer obtain external legitimacy without<br />

accepting responsibility for the wellbeing of<br />

the citizenry that they represent and rule.<br />

Sovereignty as responsibility represents<br />

the will of the collective international community<br />

for global order. Before the World<br />

Wars of the 20th century and recent globalization,<br />

the international arena attempted<br />

to maintain order through the maintenance<br />

of state sovereignty. However, as Deng argues,<br />

the international system has evolved<br />

in such a manner that certain states no<br />

longer uphold the responsibility to ensure<br />

order that sovereignty has always implied.<br />

This is reflected empirically by the implicit<br />

refusal of states such as the DRC, Somalia,<br />

and Sudan to accept responsibility for the<br />

well-being and security of the population.<br />

For this reason, sovereignty as responsibil-

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