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This volume brings together a collection of classic and contemporary texts which engage with the core problem of sovereignty from the perspective of various legal and law-related sub-disciplines: legal history and theory, constitutional law, international law and relations and EU law. Many of the highlights from the intense debates about the continuing relevance or otherwise of the internal sovereignty of national legal orders and the external sovereignty of states in a rapidly- globalizing world are reproduced here.c
Sovereignty Games by R. Adler-Nissen,T. Gammeltoft-Hansen Pdf
This book offers an in-depth examination of the strategic use of State sovereignty in contemporary European and international affairs and the consequences of this for authority relations in Europe and beyond. It suggests a new approach to the study of State sovereignty, proposing to understand the use of sovereignty as games where States are becoming more instrumental in their claims to sovereignty and skilled in adapting it to the challenges that they face
Sovereignty and the Law by Richard Rawlings,Peter Leyland,Alison Young Pdf
The topic of sovereignty is contentious, and one of enduring interest. In a world of ever increasing economic globalisation, the rise of supranational regulation and the interconnected age of information and communication technology, among many other developments, have challenged the once exclusively held Westphalian model of sovereignty. The distinction between the internal aspect of sovereignty as expressed in terms of ultimate authority in a constitution, and the external aspect involving the relationship between sovereign states has been blurred. This has given rise to contemporary debates that explore the theoretical and practical implications of current challenges to established doctrines. Evidently no book could encompass the entirety of the contemporary debates on sovereignty. This is a book of essays focusing on sovereignty by a team of leading writers contributing domestic, European and international perspectives. The essays have been written at a time of very great testing of the institutional frameworks at every level: domestic, European, international or global. The book illuminates the enduring strength of sovereignty as a foundational concept and the continuing widespread appeal of sovereignty as an idea.
This book uses historical analysis, constitutional economics, and complexity theory to furnish an account of city subsidiarity as a legal, ethical, political, and economic principle. The book contemplates subsidiarity as a constitutional principle, where cities would benefit from much wider local autonomy. Constitutional economics suggests an optimal limit to jurisdictional footprints (territories). This entails preference for political orders where sovereignty is shared between different cities rather states where capital cities dominate. The introduction of city subsidiarity as a constitutional principle holds the key to economic prosperity in a globalizing world. Moreover, insights from complexity theory suggest subsidiarity is the only effective response to the ‘problem of scale.’ It is a fitness trait that prevents highly complex systems from collapsing. The nation-state is a highly complex system within which cities function as ‘attractors.’ The collapse of such systems would ensue if there were strong coupling between attractors. Such coupling obtains under legal monism. Only subsidiarity can make the eventuality of collapse improbable. The emergent and self-organizing properties of subsidiarity entail a shift in policy emphasis towards cities with a wide margin of autonomy.
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.
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.
Territorial Disputes and State Sovereignty by Jorge E. Núñez Pdf
Adopting a multi-disciplinary approach, this book opens new ground for research on territorial disputes. Many sovereignty conflicts remain unresolved around the world. Current solutions in law, political science and international relations generally prove problematic to at least one of the agents part of these differences. Arguing that disputes are complex, multi-layered and multi-faceted, this book brings together a global, inter-disciplinary view of territorial disputes. The book reviews the key conceptual elements central to legal and political sciences with regards to territorial disputes: state, sovereignty and self-determination. Looking at some of the current long-standing disputes worldwide, it compares and contrasts the many issues at stake and the potential remedies currently available in order to assess why some territorial disputes remain unresolved. Finally, it offers a set of guidelines for dispute settlement and conflict resolution that current remedies fail to provide. It will appeal to students and scholars working in international relations, legal theory and jurisprudence, public international law and political sciences.
Understanding Conflicts of Sovereignty in the EU by Nathalie Brack,Ramona Coman,Amandine Crespy Pdf
This book investigates the multifaceted conflicts of sovereignty in the recent crises in the European Union. Although the notion of sovereignty has been central in the contentious debates triggered by the recent crises in the European Union, it remains strikingly under-researched in political science. This book bridges this gap by providing both theoretical reflections and empirical analyses of today’s conflicts of sovereignty in the EU. More particularly, it investigates conflicts between four types of sovereignty. First, national sovereignty referring to the autonomy of the Westphalian Nation-State to rule on a territory delimited by borders; second, the supranational sovereignty acquired by the EU in a fragmentary fashion in a number of scattered internal and external policy fields; third, parliamentary sovereignty understood as the autonomy of parliaments (at the regional, national and European levels) to take part in the decision making process and control the executive in the name of the principles of election and representation; fourth, popular sovereignty whereby the body politic confers legitimacy to decision makers in a democratic system. Through an analysis of the various crises (rule of law, Brexit, migration, Eurozone crisis), the chapters look at how sovereignty is framed and contested by different types of actors, and how the strengthening or the weakening of certain types of sovereignty contribute to shape preferences regarding policies and governance structures in the multi-level EU. The chapters in this book were originally published as a special issue of the Journal of European Integration.
Sovereignty, as a concept, is in a state of flux. In the course of the last century, traditional meanings have been worn away while the limitations of sovereignty have been altered as transnational issues compete with domestic concerns for precedence. This volume presents an interdisciplinary analysis of conceptions of sovereignty. Divided into six overarching elements, it explores a wide range of issues that have altered the theory and practice of state sovereignty, such as: human rights and the use of force for human protection purposes, norms relating to governance, the war on terror, economic globalization, the natural environment and changes in strategic thinking. The authors are acknowledged experts in their respective areas, and discuss the contemporary meaning and relevance of sovereignty and how it relates to the constitution of international order.
European Sovereignty, Legitimacy, and Power by Bart M.J. Szewczyk Pdf
This book shows how the EU’s dual sovereignty–legitimacy problem can be resolved through the political concept of European citizenship, which can serve both to define the scope of European sovereignty and to justify EU power beyond national democracy. It reconceptualizes the EU’s legitimacy problem and demonstrates how sources of legitimacy can be identified and give rise to European sovereignty. It argues that sovereignty should be based on the will of citizens acting through various political bodies within the EU—city halls, regional entities, national governments, and EU institutions—and develops a general theory, arguably applicable to any political order. The EU is an unprecedented political project that is in tension with traditional forms of state legitimation based on national democracy, as nationalists and populists throughout Europe often make clear. Against this backdrop, the book fully articulates the notion of European sovereignty and argues that the EU’s sources of legitimacy are based on European citizenship and national democracy. This book will be of key interest to scholars and students of EU politics, European integration, international institutions, and international relations.
Sovereignty in Fragments by Hent Kalmo,Quentin Skinner Pdf
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.
Hybrid Sovereignty in World Politics by Swati Srivastava Pdf
The idea of 'hybrid sovereignty' describes overlapping relations between public and private actors in important areas of global power, such as contractors fighting international wars, corporations regulating global markets, or governments collaborating with nongovernmental entities to influence foreign elections. This innovative study shows that these connections – sometimes hidden and often poorly understood – underpin the global order, in which power flows without regard to public and private boundaries. Drawing on extensive original archival research, Swati Srivastava reveals the little-known stories of how this hybrid power operated at some of the most important turning points in world history: spreading the British empire, founding the United States, establishing free trade, realizing transnational human rights, and conducting twenty-first century wars. In order to sustain meaningful dialogues about the future of global power and political authority, it is crucial that we begin to understand how hybrid sovereignty emerged and continues to shape international relations.
Norm Contestation, Sovereignty and (Ir)responsibility at the International Criminal Court by Emanuela Piccolo Koskimies Pdf
Grappling specifically with the norm of sovereignty as responsibility, the book seeks to advance a critical constructivist understanding of norm development in international society, as opposed to the conventional – or liberal – constructivist (mis)understanding that still dominates the debate. Against this backdrop, the book delves into the institutionalization of sovereignty as responsibility within the lived practice of the International Criminal Court (ICC). More to the point, the proposed exploration intends to revive questions about the power-laden nature of the normative fabric of international society, its dis-symmetries, and its outright hierarchies, in order to devise an original framework to operationalize research on how – institutional – practice impinges on norm development. To this end, the book resorts to an original creole vocabulary, which combines the contributions of post-positivist constructivist scholars with the legacy of key post-modernist thinkers such as Michel Foucault and Jacques Derrida, as well as critical approaches to International (Criminal) Law and Post-Colonial Studies. The book will appeal to scholars of international relations and international law, in addition to critical scholars more broadly, as well as to practitioners in the fields of human rights and international justice interested in normative theory and the implementation and contestation of international social norms.
Beheading is not an uncommon undertaking. As a particularized physical violence, it has been practiced by all societies and civilizations at some point in their history. In fact, for millennia public beheadings around the world were routine. In contemporary international society some states and many non-state actors regularly engage in this undertaking. This begs the obvious question: why put a human being through this unimaginable cruelty? While the idea of execution by decapitation appears visceral and horrific, it has always been grounded in cultural, religious and political contexts. If contemporary history is any proof, the enterprise of beheading a fellow human being appears to be making a comeback in certain religious and political landscapes. A question of enormous intellectual importance, the phenomenon of beheading is understudied. There have been many explanations surrounding specific forms of beheading through the ages. However, no inclusive study has engaged with it in its entirety. Primarily a philosophical reflection, On Beheading is inter-disciplinary in nature; it freely cuts across various disciplines within the broad framework of the social sciences. It uses a vast array of empirical evidence from anthropology, literature, jurisprudence and religion to build a discourse and narrative that brings this subject under one intellectual umbrella.
Devotional Sovereignty: Kingship and Religion in India investigates the shifting conceptualization of sovereignty in the South Indian kingdom of Mysore during the reigns of Tipu Sultan (r. 1782-1799) and Krishnaraja Wodeyar III (r. 1799-1868). Tipu Sultan was a Muslim king famous for resisting British dominance until his death; Krishnaraja III was a Hindu king who succumbed to British political and administrative control. Despite their differences, the courts of both kings dealt with the changing political landscape by turning to the religious and mythical past to construct a royal identity for their kings. Caleb Simmons explores the ways in which these two kings and their courts modified and adapted pre-modern Indian notions of sovereignty and kingship in reaction to British intervention. The religious past provided an idiom through which the Mysore courts could articulate their rulers' claims to kingship in the region, attributing their rule to divine election and employing religious vocabulary in a variety of courtly genres and media. Through critical inquiry into the transitional early colonial period, this study sheds new light on pre-modern and modern India, with implications for our understanding of contemporary politics. It offers a revisionist history of the accepted narrative in which Tipu Sultan is viewed as a radical Muslim reformer and Krishnaraja III as a powerless British puppet. Simmons paints a picture of both rulers in which they work within and from the same understanding of kingship, utilizing devotion to Hindu gods, goddesses, and gurus to perform the duties of the king.