Reconciling Authority And Sovereignty In International Law
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Author | : Christine Chinkin |
Publisher | : Cambridge University Press |
Total Pages | : 611 |
Release | : 2017-04-27 |
Genre | : History |
ISBN | : 1107171210 |
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author | : Stewart Patrick |
Publisher | : Brookings Institution Press |
Total Pages | : 229 |
Release | : 2019-05-21 |
Genre | : Political Science |
ISBN | : 0815737823 |
Now in paperback—with a new preface by the author Americans have long been protective of the country's sovereignty—all the way back to George Washington who, when retiring as president, admonished his successors to avoid “permanent” alliances with foreign powers. Ever since, the nation has faced periodic, often heated, debates about how to maintain that sovereignty, and whether and when it is appropriate to cede some of it in the form of treaties and the alliances about which Washington warned. As the 2016 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 high-jacked 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: 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.
Author | : Felix Hoehn |
Publisher | : Native Law Centre University of Saskatchewan |
Total Pages | : 169 |
Release | : 2012-01-01 |
Genre | : Indians of North America |
ISBN | : 9780888805775 |
"Reconciling pre-existing Aboriginal sovereignty with de facto Crown sovereignty will not threaten the territory of Canada, nor will it result in a legal vacuum. Rather, it will facilitate the self-determination of Aboriginal peoples within Canada and strengthen Canada's claim to territorial integrity in the eyes of international law.
Author | : André Nollkaemper |
Publisher | : |
Total Pages | : 769 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0198739745 |
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.
Author | : Scott Veitch |
Publisher | : Routledge |
Total Pages | : 255 |
Release | : 2016-04-15 |
Genre | : Law |
ISBN | : 1317107748 |
This collection of essays by an international group of authors explores the ways in which law and legal institutions are used in countries coming to terms with traumatic pasts and, in some cases, traumatic presents. In putting to question what is often taken for granted in uncritical calls for reconciliation, it critically analyses and frequently challenges the political and legal assumptions underlying discourses of reconciliation. Drawing on a broad spectrum of disciplinary and interdisciplinary insights the authors examine how competing conceptions of law, time, and politics are deployed in social transformations and how pressing demands for reconstruction, reconciliation, and justice inform and respond to legal categories and their use of time. The book is genuinely interdisciplinary, drawing on work in politics, philosophy, theology, sociology and law. It will appeal to a wide audience of researchers and academics working in these areas.
Author | : Stephen Allen |
Publisher | : Oxford University Press |
Total Pages | : 655 |
Release | : 2019-09-17 |
Genre | : Law |
ISBN | : 0191089370 |
The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.
Author | : N. W. Barber |
Publisher | : Oxford University Press |
Total Pages | : 417 |
Release | : 2018-07-25 |
Genre | : Law |
ISBN | : 0192535684 |
In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.
Author | : Jean L. Cohen |
Publisher | : Cambridge University Press |
Total Pages | : 455 |
Release | : 2012-08-02 |
Genre | : Political Science |
ISBN | : 1139560263 |
Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.
Author | : Enrico Milano |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 349 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9004149392 |
This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law.The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.
Author | : Tanja E. Aalberts |
Publisher | : Routledge |
Total Pages | : 234 |
Release | : 2012 |
Genre | : Law |
ISBN | : 0415596769 |
This book explores the interplay between sovereignty, politics and law through different conceptualizations of sovereignty. Despite developments such as European integration, globalization, and state failure, sovereignty proves to be a resilient institution in contemporary international politics. This book investigates both the continuity and change of sovereignty through an examination of the different ways it is understood; sovereignty as an institution, as identity; as a (language) game; and as subjectivity. In this illuminating book, Aalberts examines sovereign statehood as a political-legal concept, an institutional product of modern international society, and seeks an interdisciplinary approach that combines international relations and international law. This book traces the consequences of this origin for the conceptualization of sovereign statehood in modern academic discourse, drawing on key jurisprudence and international treaties, and provides a new framework to consider the international significance of sovereignty. As an innovative approach to a critical institution, Constructing Sovereignty between Politics and Law will be of interest to students and scholars of international relations, international relations theory and international law.