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Lucia M. Rafanelli
state model.57 More recently, Mayerfeld has advocated an international human rights
regime where states’ relationships to international law resemble U.S. states’ relationships to national law as understood in Madisonian federalism—an arrangement
Mayerfeld argues is incompatible with certain conceptions of sovereignty and
possibly with a state-centric world order.58
Or, as another alternative, imagine granting more governing power to sub-state or
non-state groups. Many writing about Indigenous governance have made promising
proposals in this vein, which might be adapted to other contexts. Think, for example,
of devolving governing power to sub-state groups as Lu suggests,59 rejecting Westphalian models of sovereignty and constructing non-state governing institutions on
alternate normative foundations as Alfred advocates,60 or institutionalising a legal
pluralism that allows state and non-state institutions to govern on equal footing
without either claiming a monopoly on power, as Duthu recommends.61 Gandhi, too,
proposed non-state governance of a sort, arguing that the plight of stateless people in
interwar Europe revealed the limitations of Western state-centric models of governance and advocating instead for village-level governance.62
Depending on how they were executed, either of these alternatives—more robust
international institutions or devolution and power-sharing—could challenge either the
Political Authority or Sovereignty Principles, or both. For example, restructured
international institutions might deny states discretion over their membership, rejecting
the Sovereignty Principle. A pluralistic legal system might allow individuals to access
the benefits currently tied to state membership via membership in various sub-state or
non-state groups, perhaps with overlapping jurisdictions, challenging the Political
Authority Principle. Disentangling membership in a political community from territorial sovereignty—either through restructured international institutions or devolution
and power-sharing among sub-state and non-state groups—might challenge both the
Political Authority and Sovereignty Principles by establishing other ways (besides state
membership) people could access the benefits of political community and denying
states the sole discretion to define and bound political communities.
Insofar as these alternatives would involve abandoning at least one of the Political
Authority or Sovereignty Principles, any of them would address the core problem I’ve
identified with the statist world order—that its organisation around the combination
of these two principles is the root cause of statelessness. However, this leaves open the
question of which alternative is best, all things considered. Answering this question is
beyond the scope of this article. After all, an institution’s effectiveness at addressing
the root cause of statelessness is only one metric by which its moral merit can be
measured. Identifying the ideal institutional arrangement would necessitate weighing
many other moral considerations about the forms of political representation required
for true justice and democracy and complex pragmatic considerations about what
kinds of institutions could feasibly deliver these goods. For example, one might argue
against the anarchic solution by pointing out that—imperfect as they are, states do
provide many benefits to many people—perhaps making the world overall better off
than it would be under anarchy. One might criticise the restructured international
57
Ibid., 187.
Mayerfeld 2016, 14–5, 217–27.
59
Lu 2019, 269.
60
Alfred 2004.
61
Duthu 2013.
62
Siegelberg 2020, 78.
58
https://doi.org/10.1017/S175297192500003X Published online by Cambridge University Press