Cosmopolitanism State Sovereignty And International Law And Politics
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Cosmopolitanism, State Sovereignty and International Law and Politics by Jorge E. Núñez Pdf
This book assesses the relationship between cosmopolitanism and sovereignty. Often considered to be incompatible, it is argued here that the two concepts are in many ways interrelated and to some extent rely on one another. By introducing a novel theory, the work presents a detailed philosophical analysis to illustrate how these notions might theoretically and practically work together. This theoretical inquiry is balanced with detailed empirical discussion highlighting how the concepts are related in practice and to expose the weaknesses of stricter interpretations of sovereignty which present it as exclusionary. Finally, the book looks at territorial disputes to explore how sovereignty and cosmopolitanism can successfully operate together to deal with global issues. The work will be of interest to academics and researchers in the areas of Legal Philosophy, Legal Theory and Jurisprudence, Public International Law, International Relations and Political Science.
Parochialism, Cosmopolitanism, and the Foundations of International Law by Mortimer N. S. Sellers Pdf
This book examines the boundary between parochial and cosmopolitan justice. To what extent should international law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions, or heightened duties under international law. This volume draws the line between international law, national jurisdiction, and the private autonomy of persons.
Roland H. M. Pierik,Professor of Public International Law Wouter Werner
Author : Roland H. M. Pierik,Professor of Public International Law Wouter Werner Publisher : Unknown Page : 306 pages File Size : 45,8 Mb Release : 2014-05-14 Category : Cosmopolitanism ISBN : 0511932367
Cosmopolitanism in Context by Roland H. M. Pierik,Professor of Public International Law Wouter Werner Pdf
A multidisciplinary analysis of cosmopolitanism brings together political philosophers and international lawyers to discuss international law and politics issues.
In these two important lectures, distinguished political philosopher Seyla Benhabib argues that since the UN Declaration of Human Rights in 1948, we have entered a phase of global civil society which is governed by cosmopolitan norms of universal justice -- norms which are difficult for some to accept as legitimate since they are in conflict with democratic ideals. In her first lecture, Benhabib argues that this tension can never be fully resolved, but it can be mitigated through the renegotiation of the dual commitments to human rights and sovereign self-determination. Her second lecture develops this idea in detail, with special reference to recent developments in Europe (for example, the banning of Muslim head scarves in France). The EU has seen the replacement of the traditional unitary model of citizenship with a new model that disaggregates the components of traditional citizenship, making it possible to be a citizen of multiple entities at the same time. The volume also contains a substantive introduction by Robert Post, the volume editor, and contributions by Bonnie Honig (Northwestern University), Will Kymlicka (Queens University), and Jeremy Waldron (Columbia School of Law).
Between Cosmopolitan Ideals and State Sovereignty by R. Tinnevelt,G. Verschraegen Pdf
Between Cosmopolitan Ideals and State Sovereignty explores how philosophers and political theorists have recast principles of justice and human rights in the light of challenges posed by globalization. It discusses ethical issues that arise at a global level and considers whether human rights and sovereignty can ever be reconciled.
Concept of the State in International Relations by Robert Schuett Pdf
The concept of the state plays a central role in international relations, particularly in realist and neo-realist approaches. Yet, the meaning of the state is persistently taken to be self-evident by both advocates of the sovereign state and its critics. This volume counters this trend. It systematically considers the nature of the state, the concept of sovereignty and the challenges globalisation and cosmopolitanism. Featuring contributions from some of the most reputed theorists of the state, the essays in this collection give you a coherent and, at the same time, distinctively pluralist set of original reflections on the role and nature of the state.
Cosmopolitan Justice and its Discontents by Cecilia Bailliet,Katja Franko Aas Pdf
Cosmopolitan Justice and its Discontents pursues a reflection upon the institutional orders designed to ensure respect for the rule of law, human rights, and social justice. The majority of literature on cosmopolitanism tends to be oriented in sociology, political science or philosophy, and is largely positive. This book aims to fill the lacuna with respect to critical and legal perspectives in this field. In particular, it highlights the importance of international economic law and its institutions when evaluating the evolution of cosmopolitan norms. In addition, it provides critical and multidisciplinary perspectives on Cosmopolitan Justice and Sovereignty; Institutions, Civil Society and Accountability; and Social Exclusion, Migration, and Global Markets. This book will be of considerable interest to academics and students concerned with international public and private law, international criminal law, international economic law, human rights, migration, criminology, political science, and philosophy.
Increasing global economic integration and recent military interventions in the name of human rights have forced questions of global justice into political discussions. In presenting a systematic account of global duties of justice, Cosmopolitan Justice departs from many contemporary accounts that take the scope of justice to be limited to the state or nation. Is the unequal distribution of wealth across the globe just? Are the most indebted countries obliged to pay back their loans to international financial institutions? Does respecting state sovereignty prohibit intervening in the affairs of other states? What is the moral basis of international law? Cosmopolitan Justice takes on these questions and much more.
For more than two centuries the idea of the nation-state has been widespread. The expression is now widely used and is even to be unavoidable. The 'nation-state' implies that the population of a state should be homogenous in terms of language, religion, and ethnicity; the nation and the state should coincide. However history demonstrates that there never has been, and there never will be, a nation-state. Human diversity is manifest in states of all sizes, locations, and origins. This wide-ranging book argues that there should be no regret in the recognition of this empirical reality, since the notion of a nation-state has been the justification for some of the worst atrocities in human history. Since the nation-state is impossible, all states are cosmopolitan in character. They are cosmopolitan regardless of the language of their constitutions or official teaching and regardless of the extent to which they officially recognize their own diversity. The most successful states are those which are most successful in their own forms of cosmopolitanism. Cosmopolitan ways are infinitely varied, however, and must be sought in the intricate workings of individual states. The cosmopolitan character of states is necessarily reflected in their law. The main instruments of legal cosmopolitanism have been those of common laws, constitutionalism, and what is best described as institutional cosmopolitanism. The relative importance of these legal instruments has changed over time but all three have been constantly operative, even in times of attempted national and territorial closure. All three remain present in the contemporary cosmopolitan state, understood in terms of cosmopolitan citizens, cosmopolitan sources and cosmopolitan thought. The cosmopolitan state is, moreover, the only appropriate conceptualization of the state in a time of globalization. This book outlines the subtlety of the law of cosmopolitan states, law which has survived through periods of nationalism and which provides the working methods for the reconciliation of diverse populations. Combining law, history, political science, political philosophy, international relations, and the new logics, it demonstrates that the idea of the nation-state has failed and should yield to an understanding of the state as necessarily cosmopolitan in character. This will be invaluable reading to all those interested in constitutional law, international law, and political theory.
Cosmopolitan Global Politics by Patrick Hayden Pdf
Cosmopolitan conceptions of justice in global politics are gaining in importance in the field of international political theory. Cosmopolitanism claims that we owe duties of justice to all the persons of the world and thus that normative theories of global politics should focus first on the interests or welfare of persons rather than of states. Providing a thorough analysis of relevant literature and covering issues such as war and conflict, peace and human security, accountability for gross violations of human rights, environmental degradation, and the democratic deficit in transnational political actions and institutions, Patrick Hayden deftly examines the connections between accounts of cosmopolitanism and the part they play in contemporary global politics. He identifies competing theories of cosmopolitanism and defends them as strategies for serving the aims of justice in world affairs. Furthermore, he explores how cosmopolitan theories can function positively in processes of shaping international norms.
The State and Cosmopolitan Responsibilities by Richard Beardsworth,Garrett Wallace Brown,Richard Shapcott Pdf
This book explores the role that states might play in promoting a cosmopolitan condition as an agent of cosmopolitanism rather than an obstacle to it. In doing so the book seeks to develop recent arguments in favour of locating cosmopolitan moral and political responsibility at the state level as either an alternative to, or a corollary of, cosmopolitanism as it is more commonly understood qua requiring transnational or global bearers of responsibility. As a result, the contributions in this volume see an on-going role for the state, but also its transformation, perhaps only partially, into a more cosmopolitan-minded institution — instead of a purely 'national' or particularistic one. It therefore makes the case that the state as a form of political community can be reconciled with various form of cosmopolitan responsibility. In this way the book will address the question of how states, in the present, and in the future, can be better bearers of cosmopolitan responsibilities?
Politics and Cosmopolitanism in a Global Age by Sonika Gupta,Sudarsan Padmanabhan Pdf
This book offers a unique reconceptualization of cosmopolitanism. It examines several themes that inform politics in a globalized era, including global governance, international law, citizenship, constitutionalism, community, domesticity, territory, sovereignty, and nationalism. The volume explores the specific philosophical and institutional challenges in constructing a cosmopolitan political community beyond the nation state. It reorients and decolonizes the boundaries of ‘cosmopolitanism’ and questions the contemporary discourse to posit inclusive alternatives. Presenting rich and diverse perspectives from across the world, the volume will interest scholars and students of politics and international relations, political theory, public policy, ethics, and philosophy.
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.
Cosmopolitanism in a Multipolar World by J. Plagemann Pdf
Based on an analysis of the changing practice of sovereignty in Brazil, India and South Africa, this book argues that soft sovereignty provides an adequate, yet unrecognized, basis for a moderate, embedded and plural cosmopolitanism situated between globalism's demand for a world state and statism's defence of the status quo.
Defining International Terrorism by Stella Margariti Pdf
This book is an attempt to approach the issue of defining international terrorism, proposing that the most workable way to do so is to achieve due balance between the two principal driving forces of international law developments: State sovereignty interests and cosmopolitan ideals. All those who aspire to the promotion of international criminal justice and the fight against impunity agree that the formulation of a universal definition of international terrorism will further enhance the fight against terrorism and offer a universally acceptable legal framework within which this fight can be conducted. Discussed in an in-depth manner are, for instance, the UN Charter Provisions, the Rome Statute and the principle of complementarity, the Kampala amendments on the crime of aggression, the paradigms of aggression and terrorism, and prominent anti-terrorist Security Council Resolutions such as Resolution 1368 and Resolution 1373. The volume broadens the reader’s understanding on how State sovereignty interests and priorities as well as ideals of cosmopolitanism have influenced the development of international law in general and international criminal law in particular. Furthermore, it simplifies the complicated picture of defining international crimes by explaining how the ‘State sovereignty’ and ‘Cosmopolitanism’ dynamics have also been of relevance throughout the drafting process of the definition of the crime of aggression for the purposes of the Rome Statute for the International Criminal Court. In addition, it equips the reader with an understanding of the reasons behind the lack of an international definition for terrorism and suggests an appropriate context within which such a definition can take shape. It intends to appeal to academics and students with an interest in international criminal law and the international criminal justice system, international law and security, but also to anyone with an interest in transnational crime and counter-terrorism. Stella Margariti has recently graduated from the University of Dundee where she attained the title of Doctor from the School of Law.
