ABSTRACT

Sovereignty is an especially odd phenomenon. Everyone seems to want it. Those who claim to know it all tell us that sovereignty is just what we have, although some may have more of it than others. It seems to have been around for as long as anyone can remember. Even so, for such an established fact of life, and for such a cherished ambition, there is a disconcerting uncertainty as to what it is exactly, or where it is to be found, or who has it and who does not, or where it came from in the fi rst place, let alone what is happening to it now. (Walker 1996: 16-17)

“DISCOVERY” AND “ENCOUNTER”

Another Columbus Day has come and gone. Another year, now more than fi ve hundred since the Pope divided the world between Spain and Portugal, laying down the doctrine of discovery and conquest:

INTER CAETERA, MAY 3, 1493. Among other works well pleasing to the Divine Majesty and cherished of our heart, this assuredly ranks highest, that in our times especially the Catholic faith and the Christian religion be exalted and everywhere increased and spread, that the health of souls be cared for and that barbarous nations be overthrown and brought to the faith itself . . . [O]ur beloved son Christopher Columbus, [ . . . ] sailing . . . toward the Indians, discovered certain very remote islands and even mainlands, [W]e [ . . . ] by the authority of Almighty God . . . do . . . give, grant, and assign forever to you and your heirs and successors, kings of Castille and Leon, all and singular the aforesaid countries and islands . . .