By Categories: Polity

The concept of sovereignty is widely believed to have originated at the end of Europe’s Thirty Years War, with the Treaty of Westphalia, in which, for the first time, the absolute authority of a nation-state over its territory was recognized. [wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]

Until then, rulers could only claim dominion over the territory they controlled—meaning that sovereign power diminished the further you were from its centre. According to Westphalian notions of sovereignty, on the other hand, citizens owed allegiance to the territory—regardless of how far away they were from its capital—and through the territory, to the sovereign authority.

Even though the treaty was signed in 1648, it wasn’t till a couple of centuries later, with the Industrial Revolution, that the territorial underpinnings of sovereignty began to bear fruit. 
 
Technologies like the steam engine, railways and telegraph compressed distances within countries, allowing rulers to access far-flung territories with greater ease and efficiency.
 
This territorial rescaling (as Charles Maier puts it) significantly enhanced national prosperity, letting greater value be extracted from the land and its people than was previously possible.
 
Nation-states now had every incentive to preserve the sanctity of their territory. They hastened to articulate a universal public law under which sovereign states would have exclusive jurisdiction over all property and persons who happened to be located within their territory—but, at the same time, would not be allowed to exercise jurisdiction over property and persons outside that territory.
 
This symmetrical doctrine is the fundamental basis for modern international relations. It supports the sovereign right of nations to establish their own laws, and acknowledges that anyone who chooses to enter the jurisdiction of a foreign state must abide by its rules, no matter how different they are from the place they came from.
 
This is the reason why anyone who commits a criminal act within the territory of one state can escape prosecution by simply crossing a border to another state—and, quixotically, why that other state cannot prosecute the fugitive for a crime committed beyond its borders.
 
The internet, the world’s most recent space-compression technology, has shrunk distances like nothing that came before it. Not only has it compressed distances within countries, it has shrunk distances between them and created the deeply interconnected world that we inhabit today.
 
However, unlike in the past, when space compression respected territorial sovereignty, the internet pays no heed to national boundaries or the different laws that each sovereign nation enforces within its borders.
 
It is, to that extent, completely unmoored from the notion of Westphalian sovereignty, and it allows the actions of individuals and corporations situated in one country to affect those in another without ever crossing physical borders.
 
This fundamental feature of the internet has, since its very inception, forced us to engage with issues of jurisdiction differently when it comes to the digital realm. In the early days of the internet, we tried to look the other way, sweeping jurisdictional challenges under the carpet of web exceptionalism.
 
That approach is increasingly falling out of favour. Now that the internet is essential infrastructure, governments around the world are less and less inclined to allow private corporations to control what transpires on it or have exclusive access to the data that traverses through it.
 
In 2018, when the Justice Srikrishna Committee released a draft data protection law for India, it included, for the first time in a data protection law, explicit localization provisions that required certain kinds of personal data to be processed only in India.
 
There are many benefits that we enjoy and have come to take for granted precisely because there are no restrictions on data flows. We need look no further than the speed of our pandemic response to appreciate the important role the internet has played in getting genomic data on the novel coronavirus to scientists around the world in a short time, giving them a head start in vaccine development.
 
Had scientific information not been able to flow from one corner of the world to the other, we would simply not have been able to develop not one, but five major covid vaccines in such record time.
 
Regardless, governments around the world have grown increasingly interested in asserting greater sovereign authority over the data of their citizens, with a view to curbing the power of private corporations that operate as gateways to our internet access as well as ensuring that the manner in which this data gets used conforms to national law.
 
Notably, despite the initial opposition globally to India’s data localization policy, digital borders have hardened everywhere since then.
 
Last week, Microsoft announced the launch of its new European Union Data Boundary service, which makes a hard commitment to all the companies that sign up for this service that their data will never move out of the EU.
 
It seems that at least one big technology company is willing to regionalize its cloud offerings, choosing to capitulate to the European demand for regional sovereignty instead of placing all its eggs in the ‘safe harbour’ basket. One wonders if other tech companies will follow suit.


 

Share is Caring, Choose Your Platform!

Receive Daily Updates

Stay updated with current events, tests, material and UPSC related news

Recent Posts

  • Steve Ovett, the famous British middle-distance athlete, won the 800-metres gold medal at the Moscow Olympics of 1980. Just a few days later, he was about to win a 5,000-metres race at London’s Crystal Palace. Known for his burst of acceleration on the home stretch, he had supreme confidence in his ability to out-sprint rivals. With the final 100 metres remaining,

    [wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]

    Ovett waved to the crowd and raised a hand in triumph. But he had celebrated a bit too early. At the finishing line, Ireland’s John Treacy edged past Ovett. For those few moments, Ovett had lost his sense of reality and ignored the possibility of a negative event.

    This analogy works well for the India story and our policy failures , including during the ongoing covid pandemic. While we have never been as well prepared or had significant successes in terms of growth stability as Ovett did in his illustrious running career, we tend to celebrate too early. Indeed, we have done so many times before.

    It is as if we’re convinced that India is destined for greater heights, come what may, and so we never run through the finish line. Do we and our policymakers suffer from a collective optimism bias, which, as the Nobel Prize winner Daniel Kahneman once wrote, “may well be the most significant of the cognitive biases”? The optimism bias arises from mistaken beliefs which form expectations that are better than the reality. It makes us underestimate chances of a negative outcome and ignore warnings repeatedly.

    The Indian economy had a dream run for five years from 2003-04 to 2007-08, with an average annual growth rate of around 9%. Many believed that India was on its way to clocking consistent double-digit growth and comparisons with China were rife. It was conveniently overlooked that this output expansion had come mainly came from a few sectors: automobiles, telecom and business services.

    Indians were made to believe that we could sprint without high-quality education, healthcare, infrastructure or banking sectors, which form the backbone of any stable economy. The plan was to build them as we went along, but then in the euphoria of short-term success, it got lost.

    India’s exports of goods grew from $20 billion in 1990-91 to over $310 billion in 2019-20. Looking at these absolute figures it would seem as if India has arrived on the world stage. However, India’s share of global trade has moved up only marginally. Even now, the country accounts for less than 2% of the world’s goods exports.

    More importantly, hidden behind this performance was the role played by one sector that should have never made it to India’s list of exports—refined petroleum. The share of refined petroleum exports in India’s goods exports increased from 1.4% in 1996-97 to over 18% in 2011-12.

    An import-intensive sector with low labour intensity, exports of refined petroleum zoomed because of the then policy regime of a retail price ceiling on petroleum products in the domestic market. While we have done well in the export of services, our share is still less than 4% of world exports.

    India seemed to emerge from the 2008 global financial crisis relatively unscathed. But, a temporary demand push had played a role in the revival—the incomes of many households, both rural and urban, had shot up. Fiscal stimulus to the rural economy and implementation of the Sixth Pay Commission scales had led to the salaries of around 20% of organized-sector employees jumping up. We celebrated, but once again, neither did we resolve the crisis brewing elsewhere in India’s banking sector, nor did we improve our capacity for healthcare or quality education.

    Employment saw little economy-wide growth in our boom years. Manufacturing jobs, if anything, shrank. But we continued to celebrate. Youth flocked to low-productivity service-sector jobs, such as those in hotels and restaurants, security and other services. The dependence on such jobs on one hand and high-skilled services on the other was bound to make Indian society more unequal.

    And then, there is agriculture, an elephant in the room. If and when farm-sector reforms get implemented, celebrations would once again be premature. The vast majority of India’s farmers have small plots of land, and though these farms are at least as productive as larger ones, net absolute incomes from small plots can only be meagre.

    A further rise in farm productivity and consequent increase in supply, if not matched by a demand rise, especially with access to export markets, would result in downward pressure on market prices for farm produce and a further decline in the net incomes of small farmers.

    We should learn from what John Treacy did right. He didn’t give up, and pushed for the finish line like it was his only chance at winning. Treacy had years of long-distance practice. The same goes for our economy. A long grind is required to build up its base before we can win and celebrate. And Ovett did not blame anyone for his loss. We play the blame game. Everyone else, right from China and the US to ‘greedy corporates’, seems to be responsible for our failures.

    We have lowered absolute poverty levels and had technology-based successes like Aadhaar and digital access to public services. But there are no short cuts to good quality and adequate healthcare and education services. We must remain optimistic but stay firmly away from the optimism bias.

    In the end, it is not about how we start, but how we finish. The disastrous second wave of covid and our inability to manage it is a ghastly reminder of this fact.