Divided Sovereignty

Author : Carmen E. Pavel
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 51,9 Mb
Release : 2015
Category : Law
ISBN : 9780199376346

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Divided Sovereignty by Carmen E. Pavel Pdf

Divided Sovereignty explores new institutional solutions to the old question of how to constrain states when they commit severe abuses against their own citizens. The book argues that coercive international institutions can stop these abuses and act as an insurance scheme against the possibility of states failing to fulfill their most basic sovereign responsibilities. It thus challenges the long standing assumption that collective grants of authority from the citizens of a state should be made exclusively for institutions within the borders of that state. Despite worries that international institutions such as the International Criminal Court could undermine domestic democratic control, citizens can divide sovereign authority between state and international institutions consistent with their right of democratic self-governance. States are imperfect, incomplete political forms. They presuppose a monopoly of coercive power and final jurisdictional authority over their territory. These twin elements of sovereignty and authority can be used by state leaders and political representatives in ways that stray significantly from the interests of citizens. In the most extreme cases, when citizens become inconvenient obstacles in the pursuit of the self-serving ambitions of their leaders, state power turns against them. Genocide, torture, displacement, and rape are often the means of choice by which the inconvenient are made to suffer or vanish. The book defends universal, principled limits on state authority based on jus cogens norms, a special category of norms in international law that prohibit violations of basic human rights. Against skeptics, it argues that many of the challenges of building an additional layer of institutions can be met if we pay attention to the conditions of institutional success, which require (1) experimentation with different institutional forms, (2) limitations on the scope of authority for coercive international institutions through clear, narrow, well defined mandates, and (3) understanding the limits of existing knowledge on institutional design, which should make us suspicious of proposals for grand institutional schemes, such as global democracy.

Author : Rochelle Raineri Zuck
Publisher : University of Georgia Press
Page : 304 pages
File Size : 54,5 Mb
Release : 2016-08-01
Category : Literary Criticism
ISBN : 9780820349640

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Divided Sovereignties by Rochelle Raineri Zuck Pdf

In eighteenth- and nineteenth-century debates about the constructions of American nationhood and national citizenship, the frequently invoked concept of divided sovereignty signified the division of power between state and federal authorities and/or the possibility of one nation residing within the geopolitical boundaries of another. Political and social realities of the nineteenth century—such as immigration, slavery, westward expansion, Indigenous treaties, and financial panics—amplified anxieties about threats to national/state sovereignty. Rochelle Raineri Zuck argues that, in the decades between the ratification of the Constitution and the publication of Sutton Griggs’s novel Imperium in Imperio in 1899, four populations were most often referred to as racial and ethnic nations within the nation: the Cherokees, African Americans, Irish Americans, and Chinese immigrants. Writers and orators from these groups engaged the concept of divided sovereignty to assert alternative visions of sovereignty and collective allegiance (not just ethnic or racial identity), to gain political traction, and to complicate existing formations of nationhood and citizenship. Their stories intersected with issues that dominated nineteenth-century public argument and contributed to the Civil War. In five chapters focused on these groups, Zuck reveals how constructions of sovereignty shed light on a host of concerns including regional and sectional tensions; territorial expansion and jurisdiction; economic uncertainty; racial, ethnic, and religious differences; international relations; immigration; and arguments about personhood, citizenship, and nationhood.

Author : Christina Leza
Publisher : University of Arizona Press
Page : 241 pages
File Size : 47,9 Mb
Release : 2019-11-05
Category : Social Science
ISBN : 9780816537006

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Divided Peoples by Christina Leza Pdf

The border region of the Sonoran Desert, which spans southern Arizona in the United States and northern Sonora, Mexico, has attracted national and international attention. But what is less discussed in national discourses is the impact of current border policies on the Native peoples of the region. There are twenty-six tribal nations recognized by the U.S. federal government in the southern border region and approximately eight groups of Indigenous peoples in the United States with historical ties to Mexico—the Yaqui, the O’odham, the Cocopah, the Kumeyaay, the Pai, the Apaches, the Tiwa (Tigua), and the Kickapoo. Divided Peoples addresses the impact border policies have on traditional lands and the peoples who live there—whether environmental degradation, border patrol harassment, or the disruption of traditional ceremonies. Anthropologist Christina Leza shows how such policies affect the traditional cultural survival of Indigenous peoples along the border. The author examines local interpretations and uses of international rights tools by Native activists, counterdiscourse on the U.S.-Mexico border, and challenges faced by Indigenous border activists when communicating their issues to a broader public. Through ethnographic research with grassroots Indigenous activists in the region, the author reveals several layers of division—the division of Indigenous peoples by the physical U.S.-Mexico border, the divisions that exist between Indigenous perspectives and mainstream U.S. perspectives regarding the border, and the traditionalist/nontraditionalist split among Indigenous nations within the United States. Divided Peoples asks us to consider the possibilities for challenging settler colonialism both in sociopolitical movements and in scholarship about Indigenous peoples and lands.

Author : Rochelle Raineri Zuck
Publisher : University of Georgia Press
Page : 305 pages
File Size : 41,6 Mb
Release : 2016
Category : Literary Criticism
ISBN : 9780820345420

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Divided Sovereignties by Rochelle Raineri Zuck Pdf

Zuck argues that, in the decades between the ratification of the Constitution and the publication of Sutton Griggs's novel Imperium in Imperio in 1899, four populations were most often referred to as racial and ethnic nations within the nation: the Cherokees, African Americans, Irish Americans, and Chinese immigrants.

Author : Philemon Bliss
Publisher : Unknown
Page : 208 pages
File Size : 44,5 Mb
Release : 1885
Category : Political science
ISBN : PRNC:32101072908559

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Of Sovereignty by Philemon Bliss Pdf

Author : Dieter Grimm
Publisher : Columbia University Press
Page : 186 pages
File Size : 46,5 Mb
Release : 2015-04-21
Category : Philosophy
ISBN : 9780231539302

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Sovereignty by Dieter Grimm Pdf

Dieter Grimm's accessible introduction to the concept of sovereignty ties the evolution of the idea to historical events, from the religious conflicts of sixteenth-century Europe to today's trends in globalization and transnational institutions. Grimm wonders whether recent political changes have undermined notions of national sovereignty, comparing manifestations of the concept in different parts of the world. Geared for classroom use, the study maps various notions of sovereignty in relation to the people, the nation, the state, and the federation, distinguishing between internal and external types of sovereignty. Grimm's book will appeal to political theorists and cultural-studies scholars and to readers interested in the role of charisma, power, originality, and individuality in political rule.

Author : Gregory F. Treverton
Publisher : University of Pennsylvania Press
Page : 248 pages
File Size : 47,6 Mb
Release : 2014-05-21
Category : Political Science
ISBN : 9780812245998

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Dividing Divided States by Gregory F. Treverton Pdf

When nations divide, whether peacefully or through violence, there are many issues beyond politics to negotiate in the aftermath. Understanding the concerns that are likely to confront separated states is vital in establishing stability in new states. Examining case studies in Africa, Europe, and Asia, international security expert Gregory Treverton provides a detailed guide to recent national divisions that range from the partition of India to the secession of Eritrea from Ethiopia. Dividing Divided States offers an overview of the ways different states have handled such contentious issues as security and citizenship, oil and water resources, assets and liabilities, and the rights of pastoralist groups. In each case, Treverton considers how the root causes of secession—such as long-simmering conflicts, nationalist politics, and changed geopolitical circumstances—impact the effectiveness of policies that form new nations. Dividing Divided States serves as both a source of ideas for future secession policies and a reminder that, while the motivations and outcomes of secessions may differ widely, separating states face similar challenges in dividing populations, natural resources, and state resources. This book offers considered and cautionary lessons for policy makers and policy researchers alike.

Author : Cas Mudde
Publisher : John Wiley & Sons
Page : 129 pages
File Size : 46,6 Mb
Release : 2019-10-25
Category : Philosophy
ISBN : 9781509536856

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The Far Right Today by Cas Mudde Pdf

The far right is back with a vengeance. After several decades at the political margins, far-right politics has again taken center stage. Three of the world’s largest democracies – Brazil, India, and the United States – now have a radical right leader, while far-right parties continue to increase their profile and support within Europe. In this timely book, leading global expert on political extremism Cas Mudde provides a concise overview of the fourth wave of postwar far-right politics, exploring its history, ideology, organization, causes, and consequences, as well as the responses available to civil society, party, and state actors to challenge its ideas and influence. What defines this current far-right renaissance, Mudde argues, is its mainstreaming and normalization within the contemporary political landscape. Challenging orthodox thinking on the relationship between conventional and far-right politics, Mudde offers a complex and insightful picture of one of the key political challenges of our time.

Author : Johan van der Walt
Publisher : Walter de Gruyter GmbH & Co KG
Page : 450 pages
File Size : 52,6 Mb
Release : 2014-08-25
Category : Law
ISBN : 9783110248036

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The Horizontal Effect Revolution and the Question of Sovereignty by Johan van der Walt Pdf

That the recent turn in European Constitutional Review has effectively brought about a revolution in European law has been observed before. At issue are two major developments in European judicial review. On the one hand, the European Court of Human Rights has been collapsing traditional boundaries between constitutional law and private law with a series of decisions that effectively recognized the "horizontal" effect of Convention rights in the private sphere. On the other hand, the European Court of Justice has also given horizontal effect to fundamental liberties embodied in the Treaty on the Function of the European Union in a number of recent cases in a way that puts "established" boundaries between Member State and Union competences in question. This book takes issue with these developments by bringing to the fore a key issue that the horizontality effect debate has hitherto largely overlooked, namely, the question of sovereignty. It shows with detailed references to especially the American debate on state action and the German debate onDrittwirkung that horizontal effect cannot be understood consistently without coming to grips with the conceptions of state sovereignty that inform different approaches to horizontal effect.

Author : R. Schur
Publisher : Springer
Page : 257 pages
File Size : 42,7 Mb
Release : 2009-12-07
Category : Literary Criticism
ISBN : 9780230101722

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African American Culture and Legal Discourse by R. Schur Pdf

This work examines the experiences of African Americans under the law and how African American culture has fostered a rich tradition of legal criticism. Moving between novels, music, and visual culture, the essays present race as a significant factor within legal discourse. Essays examine rights and sovereignty, violence and the law, and cultural ownership through the lens of African American culture. The volume argues that law must understand the effects of particular decisions and doctrines on African American life and culture and explores the ways in which African American cultural production has been largely centered on a critique of law.

Author : Emile Adriaan Benvenuto van Rouveroy van Nieuwaal
Publisher : LIT Verlag Münster
Page : 260 pages
File Size : 54,9 Mb
Release : 1998
Category : Chiefdoms
ISBN : 3825835499

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Sovereignty, Legitimacy, and Power in West African Societies by Emile Adriaan Benvenuto van Rouveroy van Nieuwaal Pdf

Author : Jiří Přibáň
Publisher : Routledge
Page : 284 pages
File Size : 52,7 Mb
Release : 2016-03-09
Category : Law
ISBN : 9781317052081

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Sovereignty in Post-Sovereign Society by Jiří Přibáň Pdf

Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.

Author : Mary Dewhurst Lewis
Publisher : Univ of California Press
Page : 321 pages
File Size : 54,6 Mb
Release : 2013-09-27
Category : History
ISBN : 9780520957145

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Divided Rule by Mary Dewhurst Lewis Pdf

After invading Tunisia in 1881, the French installed a protectorate in which they shared power with the Tunisian ruling dynasty and, due to the dynasty’s treaties with other European powers, with some of their imperial rivals. This "indirect" form of colonization was intended to prevent the violent clashes marking France’s outright annexation of neighboring Algeria. But as Mary Dewhurst Lewis shows in Divided Rule, France’s method of governance in Tunisia actually created a whole new set of conflicts. In one of the most dynamic crossroads of the Mediterranean world, residents of Tunisia— whether Muslim, Jewish, or Christian—navigated through the competing power structures to further their civil rights and individual interests and often thwarted the aims of the French state in the process. Over time, these everyday challenges to colonial authority led France to institute reforms that slowly undermined Tunisian sovereignty and replaced it with a more heavy-handed form of rule—a move also intended to ward off France's European rivals, who still sought influence in Tunisia. In so doing, the French inadvertently encouraged a powerful backlash with major historical consequences, as Tunisians developed one of the earliest and most successful nationalist movements in the French empire. Based on archival research in four countries, Lewis uncovers important links between international power politics and everyday matters of rights, identity, and resistance to colonial authority, while re-interpreting the whole arc of French rule in Tunisia from the 1880s to the mid-20th century. Scholars, students, and anyone interested in the history of politics and rights in North Africa, or in the nature of imperialism more generally, will gain a deeper understanding of these issues from this sophisticated study of colonial Tunisia.

Author : Mathieu Isenbaert
Publisher : IBFD
Page : 925 pages
File Size : 41,7 Mb
Release : 2010
Category : Direct taxation
ISBN : 9789087220679

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EC Law and the Sovereignty of the Member States in Direct Taxation by Mathieu Isenbaert Pdf

In order to develop a suitable framework for the analysis of the European Court of Justice (ECJ) case law, it is first analysed what significance, if any, the concept of 'sovereignty' has in the contemporary supranational environment of the European Union. All too often, tax scholars equate 'sovereignty' with the concepts of 'competence' or 'jurisdiction'. It will be established in this thesis that a much more specific and higher-level meaning is to be attributed to the 'sovereignty' concept, which goes beyond the strictly legal concepts of 'competence' or 'jurisdiction'. The cornerstone of this thesis, however, is an extensive analysis of the case law of the ECJ in direct tax matters, including a comparison with its non-tax case law. A new kind of methodology is used in discussing the cases: they are categorized according to whether a discrimination - or a restriction - based analysis was applied by the ECJ.

Author : Neil Walker
Publisher : Bloomsbury Publishing
Page : 572 pages
File Size : 43,8 Mb
Release : 2003-11-28
Category : Law
ISBN : 9781847311306

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Sovereignty in Transition by Neil Walker Pdf

Sovereignty in Transition brings together a group of leading scholars from law and cognate disciplines to assess contemporary developments in the framework of ideas and the variety of institutional forms associated with the concept of sovereignty. Sovereignty has been described as the main organising concept of the international society of states - one which is traditionally central to the discipline and practice of both constitutional law and of international law. The volume asks to what extent,and with what implications, this centrality is challenged by contemporary developments that shift authority away from the state to new sub-state, supra-state and non-state forms. A particular focus of attention is the European Union, and the relationship between the sovereignty traditions of various member states on the one hand and the new claims to authority made on behalf of the European Union itself on the other are examined. The collection also includes contributions from international law, legal philosophy, legal history, political theory, political science, international relations and theology that seek to examine the state of the sovereignty debate in these disciplines in ways that throw light on the focal constitutional debate in the European Union.