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Author: Franz Xaver Perrez
Publisher: BRILL
ISBN: 9004478132
Category : Law
Languages : en
Pages : 416
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Book Description
In the late 20th century, it has become widely accepted that States need to cooperate in order to pursue effectively their interests within the increasingly interdependent world order. At the same time, the principle of sovereignty is still often invoked as a claim for independence and a justification for non-cooperation. This book goes beyond that traditional understanding to develop a new theory which holds that cooperation between States is not an independent principle supplementing State sovereignty or even a counterweight to State sovereignty. Rather, cooperation should be conceived an element of the very notion of sovereignty itself. Sovereignty is not a negative principle meaning merely State independence and freedom, but it also inherently includes a positive element which stresses a State's innate membership in the international community and its authority, its responsibility, its duty to participate actively in that community. In short, sovereignty not only means independence, it also means a responsibility to cooperate. The first part of the book traces the history of the principle of sovereignty from the theories of Grotius and Francisco de Vitoria to the modern understanding of the principle in the light of the United Nations system. The second part of the book poses challenges to the traditional concept of sovereignty in the light of the 20th century interdependence, and the third part goes on to formulate a new theory which takes into account the principles of customary law and treaty law. The conclusions drawn on by the author are refreshing, but may also be controversial, and this book will most definitely contribute to the discussion and development of the principle of sovereignty in international law.
Author: Franz Xaver Perrez
Publisher: BRILL
ISBN: 9004478132
Category : Law
Languages : en
Pages : 416
Get Book
Book Description
In the late 20th century, it has become widely accepted that States need to cooperate in order to pursue effectively their interests within the increasingly interdependent world order. At the same time, the principle of sovereignty is still often invoked as a claim for independence and a justification for non-cooperation. This book goes beyond that traditional understanding to develop a new theory which holds that cooperation between States is not an independent principle supplementing State sovereignty or even a counterweight to State sovereignty. Rather, cooperation should be conceived an element of the very notion of sovereignty itself. Sovereignty is not a negative principle meaning merely State independence and freedom, but it also inherently includes a positive element which stresses a State's innate membership in the international community and its authority, its responsibility, its duty to participate actively in that community. In short, sovereignty not only means independence, it also means a responsibility to cooperate. The first part of the book traces the history of the principle of sovereignty from the theories of Grotius and Francisco de Vitoria to the modern understanding of the principle in the light of the United Nations system. The second part of the book poses challenges to the traditional concept of sovereignty in the light of the 20th century interdependence, and the third part goes on to formulate a new theory which takes into account the principles of customary law and treaty law. The conclusions drawn on by the author are refreshing, but may also be controversial, and this book will most definitely contribute to the discussion and development of the principle of sovereignty in international law.
Author: Alexander D. Beyleveld
Publisher: BRILL
ISBN: 900451175X
Category : Law
Languages : en
Pages : 267
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Book Description
The open access publication of this book has been published with the support of the Swiss National Science Foundation. Are countries capable of reducing economic inequality under conditions of contemporary globalisation without cooperating and coordinating with other countries? While states are far from powerless to effect distributional change within their own sovereign space, Taking a Common Concern Approach to Economic Inequality makes the case that cooperation and coordination is indeed necessary, especially in relation to corporate taxation. It accordingly contemplates the utility of a transnational taxation system that is embedded in cooperative sovereignty through the recognition of rising economic inequality and its deleterious effects – including how increasingly unequal distributions within countries make transnational cooperation and coordination efforts less likely – as a common concern of humankind.
Author: Stephen D. Krasner
Publisher: Princeton University Press
ISBN: 1400823269
Category : Political Science
Languages : en
Pages : 280
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Book Description
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.
Author: Michael J. Glennon
Publisher: Oxford University Press
ISBN: 0199355908
Category : Law
Languages : en
Pages : 304
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Book Description
Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.
Author: Don Herzog
Publisher: Yale University Press
ISBN: 0300252870
Category : Political Science
Languages : en
Pages : 316
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Book Description
Has the concept of sovereignty outlived its usefulness? Social order requires a sovereign: an actor with unlimited, undivided, and unaccountable authority. Or so the classic theory says. But without noticing, we’ve gutted the theory. Constitutionalism limits state authority. Federalism divides it. The rule of law holds it accountable. In vivid historical detail—with millions tortured and slaughtered in Europe, a king put on trial for his life, journalists groaning at idiotic complaints about the League of Nations, and much more—Don Herzog charts both the political struggles that forged sovereignty and the ones that undid it. He argues that it’s no longer a helpful guide to our legal and political problems, but a pernicious bit of confusion. It’s time, past time, to retire sovereignty.
Author: Erika Weinthal
Publisher: MIT Press
ISBN: 9780262731461
Category : Business & Economics
Languages : en
Pages : 294
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Book Description
A study of the relationship between environmental cooperation and state building in post-Soviet Central Asia.
Author: Jesse Dillon Savage
Publisher: Cambridge University Press
ISBN: 1108786677
Category : Political Science
Languages : en
Pages : 289
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Book Description
Why do political actors willingly give up sovereignty to another state, or choose to resist, sometimes to the point of violence? Jesse Dillon Savage demonstrates the role that domestic politics plays in the formation of international hierarchies, and shows that when there are high levels of rent-seeking and political competition within the subordinate state, elites within this state become more prepared to accept hierarchy. In such an environment, members of society at large are also more likely to support the surrender of sovereignty. Empirically rich, the book adopts a comparative historical approach with an emphasis on Russian attempts to establish hierarchy in post-Soviet space, particularly in Georgia and Ukraine. This emphasis on post-Soviet hierarchy is complemented by a cross-national statistical study of hierarchy in the post WWII era, and three historical case studies examining European informal empire in the nineteenth and early twentieth centuries.
Author: David A. Lake
Publisher: Cornell University Press
ISBN: 0801458935
Category : Political Science
Languages : en
Pages : 247
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Book Description
International relations are generally understood as a realm of anarchy in which countries lack any superior authority and interact within a Hobbesian state of nature. In Hierarchy in International Relations, David A. Lake challenges this traditional view, demonstrating that states exercise authority over one another in international hierarchies that vary historically but are still pervasive today. Revisiting the concepts of authority and sovereignty, Lake offers a novel view of international relations in which states form social contracts that bind both dominant and subordinate members. The resulting hierarchies have significant effects on the foreign policies of states as well as patterns of international conflict and cooperation. Focusing largely on U.S.-led hierarchies in the contemporary world, Lake provides a compelling account of the origins, functions, and limits of political order in the modern international system. The book is a model of clarity in theory, research design, and the use of evidence. Motivated by concerns about the declining international legitimacy of the United States following the Iraq War, Hierarchy in International Relations offers a powerful analytic perspective that has important implications for understanding America's position in the world in the years ahead.
Author: Jeffrey S. Ashley
Publisher: Praeger
ISBN:
Category : History
Languages : en
Pages : 152
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Book Description
Ashley and Hubbard examine ways that tribal/state relations can be improved in the United States. While the long history of tribal-state relations point to the need for better cooperation, they contend that the first and most vital step is a greater understanding of the role that tribal governments play in the federal system. All too often, they assert, tribes are overlooked as viable political entities with unique legal and political status. They begin by providing background information needed for an understanding of the position that tribal governments hold in the broader United States system. Often overlooked is that tribal governments are, by legal standards, equal to or greater than states. The federal/tribal/state order of primacy must be established in order to understand state/tribal intergovernmental relations. Ashley and Hubbard then provide case studies necessary to provide evidence of both positive and negative tribal/state relations. Following a brief background of the tribe in question—where they are located, any pertinent treaty information—they examine instances over time where this particular government has been in conflict or concert with the state in which they currently reside. This lays a foundation for understanding current relations. They then look at the level of cooperation—or lack thereof—between the tribe and the state across key areas of policy making and implementation—air pollution control, water management, and law enforcement. Through this they pinpoint common themes that facilitate or work against cooperative efforts. They conclude by proposing an alternative model for understanding tribal/state relations and offer an alternative approach for both sides when dealing with one another; one designed to improve cooperative handling of issues.
Author: Claus D. Zimmermann
Publisher: OUP Oxford
ISBN: 0191502057
Category : Law
Languages : en
Pages : 292
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Book Description
Monetary sovereignty is a crucial legal concept dictating that states have sovereignty over their own monetary, financial, and fiscal affairs. However, it does not feature as part of any key instruments of international law, including the Articles of Agreement of the International Monetary Fund. Rather, it has remained a somewhat separate notion, developed under contemporary international law from an assertion of the former Permanent Court of International Justice in 1929. As a consequence of globalization and increasing financial integration and a worldwide trend towards the creation of economic and monetary unions, the principle of monetary sovereignty has undergone significant change. This book examines this evolution in detail, and provides a conceptual framework to demonstrate what this means for the legal and economic challenges faced by the international community. The book examines the historic origins and evolution of the concept of monetary sovereignty, putting it into the context of broader concepts of sovereignty. It argues that monetary sovereignty remains relevant as a dynamic legal concept with both positive and normative components. It investigates the continuing hybridization of international monetary law resulting from changes to its formal and material sources. It then examines the complex phenomenon of exchange rate misalignment under international monetary and trade law, and the increasing regionalization of monetary sovereignty, notably in light of the European sovereign debt crisis. Finally, it assesses the role the concept of monetary sovereignty can play in the reorganization of international finance following the recent global financial crisis.
