
Contents
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Suspending the Right of Conquest: The Case of British Egypt Suspending the Right of Conquest: The Case of British Egypt
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Denying the Right of Conquest? Denying the Right of Conquest?
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The Contractual Framework of Administration, 1919–1940s The Contractual Framework of Administration, 1919–1940s
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1. Recognizing Sovereignty Through Treaty 1. Recognizing Sovereignty Through Treaty
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2. Transfer of Sovereignty Between Individual Legal Entities 2. Transfer of Sovereignty Between Individual Legal Entities
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3. Transfer of Sovereignty from Individual to Collective Legal Entities 3. Transfer of Sovereignty from Individual to Collective Legal Entities
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4. Article 22: Sovereignty as the Result of Collective Decision 4. Article 22: Sovereignty as the Result of Collective Decision
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The Administrative Constitution: The Organic Law The Administrative Constitution: The Organic Law
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Bureaucratic Sovereignty: The Example of Syrian Land Administration Bureaucratic Sovereignty: The Example of Syrian Land Administration
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Conclusion: The Rise of League-Sovereignty Conclusion: The Rise of League-Sovereignty
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Three Governing without Sovereignty
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Published:August 2023
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Abstract
This chapter describes the legal history of the new form of domination which can be called “governing without sovereignty.” It begins by looking at the British occupation of the Ottoman khedivate of Egypt that began in 1882, which was one of the first experiments in governing without sovereignty through the suspension of the right of conquest, and without a treaty. Empire remained the source of Egyptian sovereignty until 1936, when Egypt became a member of the League. The chapter then identifies four types of contractual sovereignty transfer in the agreements and peace treaties concluded in 1919 and later. These include recognizing sovereignty through treaty; the transfer of sovereignty between individual legal entities; the transfer of sovereignty from individual to collective legal entities; and sovereignty as the result of collective decision. The chapter also considers how the nineteenth-century imperial genre of organic law became the administrative constitution for the French class A mandate regions. It uses the example of Syrian land administration to discuss how imperial methods changed because administrators now had to deal with the legal quality of sovereignty as part of domination.
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