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Book Law  Power  and the Sovereign 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.

Book The Sovereign State and Its Competitors

Download or read book The Sovereign State and Its Competitors written by Hendrik Spruyt and published by Princeton University Press. This book was released on 1994 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: . Spruyt's interdisciplinary approach not only has important implications for change in the state system in our time, but also presents a novel analysis of the dynamics of institutional change.

Book The Sovereignty Wars

Download or read book The Sovereignty Wars written by Stewart M. Patrick and published by Brookings Institution Press. This book was released on 2017-10-31 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting sovereignty while advancing American interests in the global age Americans have long been protective of the country’s sovereignty—beginning when George Washington retired as president with the admonition for his successors to avoid “permanent” alliances with foreign powers. Ever since, the nation has faced persistent, often heated debates about how to maintain that sovereignty, and whether it is endangered when the United States enters international organizations, treaties, and alliances about which Washington warned. As the recent election made clear, sovereignty is also one of the most frequently invoked, polemical, and misunderstood concepts in politics—particularly American politics. The concept wields symbolic power, implying something sacred and inalienable: the right of the people to control their fate without subordination to outside authorities. Given its emotional pull, however, the concept is easily highjacked by political opportunists. By playing the sovereignty card, they can curtail more reasoned debates over the merits of proposed international commitments by portraying supporters of global treaties or organizations as enemies of motherhood and apple pie. Such polemics distract Americans from what is really at stake in the sovereignty debate: namely, the ability of the United States to shape its destiny in a global age. The United States cannot successfully manage globalization, much less insulate itself from cross-border threats, on its own. As global integration deepens and cross-border challenges grow, the nation’s fate is increasingly tied to that of other countries, whose cooperation will be needed to exploit the shared opportunities and mitigate the common risks of interdependence. The Sovereignty Wars is intended to help today's policymakers think more clearly about what is actually at stake in the sovereignty debate and to provide some criteria for determining when it is appropriate to make bargains over sovereignty—and how to make them.

Book The Sovereign State

Download or read book The Sovereign State written by Anthony Sampson and published by ICON Group International. This book was released on 1973 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book State Sovereignty as Social Construct

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.

Book Surpassing the Sovereign State

Download or read book Surpassing the Sovereign State written by David A. Rezvani and published by Oxford University Press, USA. This book was released on 2014 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Surpassing the Sovereign State' shows that in regions throughout the world partially independent territories (including Hong Kong, Cayman Islands, Kurdistan, New Caledonia, and others) tend to be wealthier and more secure than sovereign states. This book explains how these polities emerge, maintain themselves, and sometimes come to an end.

Book Law without Nations

    Book Details:
  • Author : Jeremy A. Rabkin
  • Publisher : Princeton University Press
  • Release : 2009-02-09
  • ISBN : 1400826608
  • Pages : 358 pages

Download or read book Law without Nations written by Jeremy A. Rabkin and published by Princeton University Press. This book was released on 2009-02-09 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: What authority does international law really have for the United States? When and to what extent should the United States participate in the international legal system? This forcefully argued book by legal scholar Jeremy Rabkin provides an insightful new look at this important and much-debated question. Americans have long asked whether the United States should join forces with institutions such as the International Criminal Court and sign on to agreements like the Kyoto Protocol. Rabkin argues that the value of international agreements in such circumstances must be weighed against the threat they pose to liberties protected by strong national authority and institutions. He maintains that the protection of these liberties could be fatally weakened if we go too far in ceding authority to international institutions that might not be zealous in protecting the rights Americans deem important. Similarly, any cessation of authority might leave Americans far less attached to the resulting hybrid legal system than they now are to laws they can regard as their own. Law without Nations? traces the traditional American wariness of international law to the basic principles of American thought and the broader traditions of liberal political thought on which the American Founders drew: only a sovereign state can make and enforce law in a reliable way, so only a sovereign state can reliably protect the rights of its citizens. It then contrasts the American experience with that of the European Union, showing the difficulties that can arise from efforts to merge national legal systems with supranational schemes. In practice, international human rights law generates a cloud of rhetoric that does little to secure human rights, and in fact, is at odds with American principles, Rabkin concludes. A challenging and important contribution to the current debates about the meaning of multilateralism and international law, Law without Nations? will appeal to a broad cross-section of scholars in both the legal and political science arenas.

Book Sovereignty as Responsibility

Download or read book Sovereignty as Responsibility written by Francis M. Deng and published by Rowman & Littlefield. This book was released on 2010-12-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors assert that sovereignty can no longer be seen as a protection against interference, but as a charge of responsibility where the state is accountable to both domestic and external constituencies. In internal conflicts in Africa, sovereign states have often failed to take responsibility for their own citizens' welfare and for the humanitarian consequences of conflict, leaving the victims with no assistance. This book shows how that responsibility can be exercised by states over their own population, and by other states in assistance to their fellow sovereigns. Sovereignty as Responsibility presents a framework that should guide both national governments and the international community in discharging their respective responsibilities. Broad principles are developed by examining identity as a potential source of conflict, governance as a matter of managing conflict, and economics as a policy field for deterring conflict. Considering conflict management, political stability, economic development, and social welfare as functions of governance, the authors develop strategies, guidelines, and roles for its responsible exercise. Some African governments, such as South Africa in the 1990s and Ghana since 1980, have demonstrated impressive gains against these standards, while others, such as Rwanda, Somalia, Liberia, Nigeria, and Sudan, have failed. Opportunities for making sovereignty more responsible and improving the management of conflicts are examined at the regional and international levels. The lessons from the mixed successes of regional conflict management actions, such as the West African intervention in Liberia, the East African mediation in Sudan, and international efforts to urge talks to end the conflict in Angola, indicate friends and neighbors outside the state in conflict have important roles to play in increasing sovereign responsibility. Approaching conflict management from the perspective of the responsibilities of sovereignt

Book Sovereignty in Fragments

Download or read book Sovereignty in Fragments written by Hent Kalmo and published by Cambridge University Press. This book was released on 2014-03-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The political make-up of the contemporary world changes with such rapidity that few attempts have been made to consider with adequate care, the nature and value of the concept of sovereignty. What exactly is meant when one speaks about the acquisition, preservation, infringement or loss of sovereignty? This book revisits the assumptions underlying the applications of this fundamental category, as well as studying the political discourses in which it has been embedded. Bringing together historians, constitutional lawyers, political philosophers and experts in international relations, Sovereignty in Fragments seeks to dispel the illusion that there is a unitary concept of sovereignty of which one could offer a clear definition. This book will appeal to scholars and advanced students of international relations, international law and the history of political thought.

Book An Essay on the Modern State

Download or read book An Essay on the Modern State written by Christopher W. Morris and published by Cambridge University Press. This book was released on 2002-07-29 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book is the first serious philosophical examination of the modern state. It inquires into the justification of this particular form of political society. It asks whether all states are "nation-states," what are the alternative ways of organizing society, and which conditions make a state legitimate. The author concludes that, while states can be legitimate, they typically fail to have the powers (e.g. sovereignity) that they claim. Christopher Morris has written a book that will command the attention of political philosophers, political scientists, legal theorists, and specialists in international relations.

Book Sovereign City

Download or read book Sovereign City written by Geoffrey Parker and published by Reaktion Books. This book was released on 2004 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides an examination of the rise, evolution and decline of the city-state, from ancient times to the present day.

Book Hostile Business and the Sovereign State

Download or read book Hostile Business and the Sovereign State written by Michael J. Strauss and published by Routledge. This book was released on 2020-09-30 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes and assesses an emerging threat to states' territorial control and sovereignty: the hostile control of companies that carry out privatized aspects of sovereign authority. The threat arises from the massive worldwide shift of state activities to the private sector since the late 1970s in conjunction with two other modern trends - the globalization of business and the liberalization of international capital flows. The work introduces three new concepts: firstly, the rise of companies that handle privatized activities, and the associated advent of "post-government companies" that make such activities their core business. Control of them may reside with individual investors, other companies or investment funds, or it may reside with other states through state-owned enterprises or sovereign wealth funds. Secondly, "imperfect privatizations: " when a state privatizes an activity to another state's public sector. The book identifies cases where this is happening. It also elaborates on how ownership and influence of companies that perform privatized functions may not be transparent, and can pass to inherently hostile actors, including criminal or terrorist organizations. Thirdly, "belligerent companies," whose conduct is hostile to those of states where they are active. The book concludes by assessing the adequacy of existing legal and regulatory regimes and how relevant norms may evolve.

Book International Law  A Very Short Introduction

Download or read book International Law A Very Short Introduction written by Vaughan Lowe and published by OUP Oxford. This book was released on 2015-11-26 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

Book The Right of Sovereignty

    Book Details:
  • Author : Daniel Lee
  • Publisher : Oxford University Press
  • Release : 2021-08-31
  • ISBN : 0191072044
  • Pages : 296 pages

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.

Book We  the Sovereign

    Book Details:
  • Author : Gianpaolo Baiocchi
  • Publisher : John Wiley & Sons
  • Release : 2018-08-28
  • ISBN : 1509521399
  • Pages : 140 pages

Download or read book We the Sovereign written by Gianpaolo Baiocchi and published by John Wiley & Sons. This book was released on 2018-08-28 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean for the people to actually rule? Formal democracy is an empty and cynical shell, while the nationalist Right claims to advance its anti-democratic project in the name of ‘the People’. How can the Left respond in a way that is true to both its radical egalitarianism and its desire to transform the real world? In this book, Gianpaolo Baiocchi argues that the only answer is a radical utopia of popular self-rule. This means that the ‘people’ who rule must be understood as a demos that is totally open, inclusive and egalitarian, constantly expanding its boundaries. But it also means that sovereignty must be absolute, possessing total power over all relevant decisions that impact the conditions of life. Only, he argues, by a process of explosive and creative tension between this radical view of the ‘we’ and an absolute idea of the ‘sovereign’ can we transform our approach to political parties and state institutions and make them instruments of total emancipation. Illustrated by the real-life experiences of movements throughout the world, from Latin America to Southern Europe, Baiocchi’s provocative vision will be essential reading for all activists who want to understand the true meaning of radical democracy in the 21st century.

Book The Green State

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 349 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.

Book Sovereignty

    Book Details:
  • Author : Stephen D. Krasner
  • Publisher : Princeton University Press
  • Release : 1999-08-02
  • ISBN : 1400823269
  • Pages : 280 pages

Download or read book Sovereignty written by Stephen D. Krasner and published by Princeton University Press. This book was released on 1999-08-02 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The acceptance of human rights and minority rights, the increasing role of international financial institutions, and globalization have led many observers to question the continued viability of the sovereign state. Here a leading expert challenges this conclusion. Stephen Krasner contends that states have never been as sovereign as some have supposed. Throughout history, rulers have been motivated by a desire to stay in power, not by some abstract adherence to international principles. Organized hypocrisy--the presence of longstanding norms that are frequently violated--has been an enduring attribute of international relations. Political leaders have usually but not always honored international legal sovereignty, the principle that international recognition should be accorded only to juridically independent sovereign states, while treating Westphalian sovereignty, the principle that states have the right to exclude external authority from their own territory, in a much more provisional way. In some instances violations of the principles of sovereignty have been coercive, as in the imposition of minority rights on newly created states after the First World War or the successor states of Yugoslavia after 1990; at other times cooperative, as in the European Human Rights regime or conditionality agreements with the International Monetary Fund. The author looks at various issues areas to make his argument: minority rights, human rights, sovereign lending, and state creation in the nineteenth and twentieth centuries. Differences in national power and interests, he concludes, not international norms, continue to be the most powerful explanation for the behavior of states.