Download or read book Sovereignty Statehood and State Responsibility written by Christine Chinkin and published by Cambridge University Press. This book was released on 2015-02-12 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of states), statehood (what it means to be a state, and the process of acquiring or losing statehood) and state responsibility (the legal component of what being a state entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states. It includes reflections on the interactions between states and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood.
Download or read book Sovereign Statehood written by Alan James and published by Taylor & Francis. This book was released on 1986-01-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Walled States Waning Sovereignty written by Wendy Brown and published by MIT Press. This book was released on 2014-02-07 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the spate of wall-building by countries around the world and considers the reasons why walls are being built in an increasingly globalized world in which threats to security come from sources that cannot be contained by brick and barbed wire.
Download or read book Effective Governance Under Anarchy written by Tanja A. Börzel and published by Cambridge University Press. This book was released on 2021-04-08 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.
Download or read book Law Power and the Sovereign State written by Michael Ross Fowler and published by Penn State Press. This book was released on 2010-11-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the collapse of the Soviet bloc, it is timely to ask what continuing role, if any, the concept of sovereignty can and should play in the emerging &"new world order.&" The aim of Law, Power, and the Sovereign State is both to counter the argument that the end of the sovereign state is close at hand and to bring scholarship on sovereignty into the post-Cold War era. The study assesses sovereignty as status and as power and examines the issue of what precisely constitutes a sovereign state. In determining how a political entity gains sovereignty, the authors introduce the requirements of de facto independence and de jure independence and explore the ambiguities inherent in each. They also examine the political process by which the international community formally confers sovereign status. Fowler and Bunck trace the continuing tension of the &"chunk and basket&" theories of sovereignty through the history of international sovereignty disputes and conclude by considering the usefulness of sovereignty as a concept in the future study and conduct of international affairs. They find that, despite frequent predictions of its imminent demise, the concept of sovereignty is alive and well as the twentieth century draws to a close.
Download or read book The Green State written by Robyn Eckersley and published by MIT Press. This book was released on 2004-03-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: What would constitute a definitively "green" state? In this important new book, Robyn Eckersley explores what it might take to create a green democratic state as an alternative to the classical liberal democratic state, the indiscriminate growth-dependent welfare state, and the neoliberal market-focused state—seeking, she writes, "to navigate between undisciplined political imagination and pessimistic resignation to the status quo." In recent years, most environmental scholars and environmentalists have characterized the sovereign state as ineffectual and have criticized nations for perpetuating ecological destruction. Going consciously against the grain of much current thinking, this book argues that the state is still the preeminent political institution for addressing environmental problems. States remain the gatekeepers of the global order, and greening the state is a necessary step, Eckersley argues, toward greening domestic and international policy and law. The Green State seeks to connect the moral and practical concerns of the environmental movement with contemporary theories about the state, democracy, and justice. Eckersley's proposed "critical political ecology" expands the boundaries of the moral community to include the natural environment in which the human community is embedded. This is the first book to make the vision of a "good" green state explicit, to explore the obstacles to its achievement, and to suggest practical constitutional and multilateral arrangements that could help transform the liberal democratic state into a postliberal green democratic state. Rethinking the state in light of the principles of ecological democracy ultimately casts it in a new role: that of an ecological steward and facilitator of transboundary democracy rather than a selfish actor jealously protecting its territory.
Download or read book International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Download or read book Rethinking Statehood in the Middle East and North Africa written by Abel Polese and published by Routledge. This book was released on 2020-05-21 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alternative forms of government and statehood exist in the Middle East and North African regions. The chapters in this volume demonstrate this and explore the notion of power from a non-statist perspective, highlighting the limits of states and their governance. Using empirical evidence from Syria, Libya, Lebanon, Tunisia, Iraq, Yemen, and Mali, the authors explore non-standard cases where power may be retained by a state but must be shared with a number of local actors, resulting in limited statehood and hybrid governance, which leads to competition and sharing of symbolic and political power within a state. This book is intended to prompt a critical reflection on the meaning of governance. It will illuminate informal structures which deserve attention when studying governance and power dynamics within a state or a region. This book was originally published as a special issue of Small Wars & Insurgencies.
Download or read book The Right of Sovereignty written by Daniel Lee and published by Oxford University Press. This book was released on 2021-08-31 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty is the vital organizing principle of modern international law. This book examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics. The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law.
Download or read book Power Politics and State Formation in the Twentieth Century written by Bridget Coggins and published by Cambridge University Press. This book was released on 2014-04-24 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Kurdistan to Somaliland, Xinjiang to South Yemen, all secessionist movements hope to secure newly independent states of their own. Most will not prevail. The existing scholarly wisdom provides one explanation for success, based on authority and control within the nascent states. With the aid of an expansive new dataset and detailed case studies, this book provides an alternative account. It argues that the strongest members of the international community have a decisive influence over whether today's secessionists become countries tomorrow and that, most often, their support is conditioned on parochial political considerations.
Download or read book State Sovereignty as Social Construct written by Thomas J. Biersteker and published by Cambridge University Press. This book was released on 1996-05-02 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: State sovereignty is an inherently social construct. The modern state system is not based on some timeless principle of sovereignty, but on the production of a normative conception that links authority, territory, population, and recognition in a unique way, and in a particular place (the state). The unique contribution of this book is to describe and illustrate the practices that have produced various sovereign ideals and resistances to them. The contributors analyze how the components of state sovereignty are socially constructed and combined in specific historical contexts.
Download or read book Semblances of Sovereignty written by T. Alexander Aleinikoff and published by Harvard University Press. This book was released on 2009-07-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.
Download or read book Sovereignty Suspended written by Rebecca Bryant and published by University of Pennsylvania Press. This book was released on 2020-07-03 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: A journey into de facto state-building based on ethnographic and archival research in the Turkish Republic of Northern Cyprus What is de facto about the de facto state? In Sovereignty Suspended, this question guides Rebecca Bryant and Mete Hatay through a journey into de facto state-building, or the process of constructing an entity that looks like a state and acts like a state but that much of the world says does not or should not exist. In international law, the de facto state is one that exists in reality but remains unrecognized by other states. Nevertheless, such entities provide health care and social security, issue identity cards and passports, and interact with international aid donors. De facto states hold elections, conduct censuses, control borders, and enact fiscal policies. Indeed, most maintain representative offices in sovereign states and are able to unofficially communicate with officials. Bryant and Hatay develop the concept of the "aporetic state" to describe such entities, which project stateness and so seem real, even as nonrecognition renders them unrealizable. Sovereignty Suspended is based on more than two decades of ethnographic and archival research in one so-called aporetic state, the Turkish Republic of Northern Cyprus (TRNC). It traces the process by which the island's "north" began to emerge as a tangible, separate, if unrecognized space following violent partition in 1974. Like other de facto states, the TRNC looks and acts like a state, appearing real to observers despite international condemnations, denials of its existence, and the belief of large numbers of its citizens that it will never be a "real" state. Bryant and Hatay excavate the contradictions and paradoxes of life in an aporetic state, arguing that it is only by rethinking the concept of the de facto state as a realm of practice that we will be able to understand the longevity of such states and what it means to live in them.
Download or read book Settler Sovereignty written by Lisa Ford and published by Harvard University Press. This book was released on 2010 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a brilliant comparative study of law and imperialism, Lisa Ford argues that modern settler sovereignty emerged when settlers in North America and Australia defined indigenous theft and violence as crime. This occurred, not at the moment of settlement or federation, but in the second quarter of the nineteenth century when notions of statehood, sovereignty, empire, and civilization were in rapid, global flux. Ford traces the emergence of modern settler sovereignty in everyday contests between settlers and indigenous people in early national Georgia and the colony of New South Wales. In both places before 1820, most settlers and indigenous people understood their conflicts as war, resolved disputes with diplomacy, and relied on shared notions like reciprocity and retaliation to address frontier theft and violence. This legal pluralism, however, was under stress as new, global statecraft linked sovereignty to the exercise of perfect territorial jurisdiction. In Georgia, New South Wales, and elsewhere, settler sovereignty emerged when, at the same time in history, settlers rejected legal pluralism and moved to control or remove indigenous peoples.
Download or read book Changes in Statehood written by G. Sørensen and published by Springer. This book was released on 2001-09-05 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of international relations is often cut off from the study of domestic affairs, but this insulation of the international from the domestic is wrong. International forces profoundly influence the core structures of sovereign statehood, including their political military, economic and normative substance. Conversely, the very nature of international relations is determined by the internal structure of states. In an important contribution to the debate, Georg Sørensen puts forward an original analysis of this critical interplay between internal and external forces. He explores the development and change of the sovereign state and offers a new agenda for the study of international relations. Changes in Statehood will be essential reading for students and researchers in international relations, political science and security.
Download or read book Quasi States written by Robert H. Jackson and published by Cambridge University Press. This book was released on 1990 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Professor Robert Jackson develops an original interpretation of Third World underdevelopment, explaining it in terms of international relations and law. He describes Third World countries as â€~quasi-states', arguing that they are states in name only, demonstrating how international changes during the post-1945 period made it possible for many quasi-states to be created and to survive despite the fact that they are usually inefficient, illegitimate and domestically unstable.
Download or read book Surpassing the Sovereign State written by David A. Rezvani and published by . This book was released on 2014 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: After nearly six centuries of emergence and world dominance, the sovereign state now has a globally widespread competitor that frequently manages to surpass its capabilities in the areas of wealth, security, and self-determination. This book will show that in region after region throughout the world partially independent territories (including Hong Kong, Cayman Islands, Kurdistan, New Caledonia, and others) tend to be wealthier and more secure than their sovereign state counterparts. Often ignored because of their small size, lack of militaries, and divided powers, the partially independent territories that produce these advantages are responsible for nearly one-fifth of global capital flows, serve as solutions for some of the world's most intractable nationalistic disputes, and furnish important capabilities for sovereign states. The existence and capabilities of these polities contradict widely held assumptions of sovereign state pre-eminence and give rise to a range of puzzling issues that will be addressed by this book. Why do local nationalistically distinct populations accept partially independent unions? What guarantees do these polities have that their powers will not be usurped by internal and external adversaries? What makes core states (which divide and share powers with partially independent territories) willing to part with some of their sovereignty amidst fears that their countries will fully fragment? What are the prospects for the independence of Scotland, Catalonia, Puerto Rico, and the nearly 50 partially independent territories around the globe? This book explains how these polities emerge, maintain themselves, and sometimes come to an end.
