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Author: Trudy Jacobsen
Publisher: Routledge
ISBN: 1317069706
Category : Law
Languages : en
Pages : 392
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Book Description
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.
Author: Trudy Jacobsen
Publisher: Routledge
ISBN: 1317069706
Category : Law
Languages : en
Pages : 392
Get Book Here
Book Description
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.
Author: Trudy Jacobsen
Publisher: Ashgate Publishing, Ltd.
ISBN: 9781409496083
Category : Law
Languages : en
Pages : 400
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Book Description
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.
Author: Flavio G. I. Inocencio
Publisher: AuthorHouse
ISBN: 1496978188
Category : Law
Languages : en
Pages : 317
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Book Description
This book offers a multidisciplinary approach to the study of the concept of sovereignty. This book outlines the origins, context and evolution of the concept of sovereignty as an essential attribute of the modern territorial State since the Peace of Westphalia in 1648. The book identifies two competing traditions of the concept of sovereignty; the tradition inaugurated by Jean Bodin in 1576 in his work The Six Books of the Commonwealth and another that started with Johannes Althusius in 1603, considered the father of federal theory, in his less known work Politica. In order to understand the concept of sovereignty, it is necessary to understand the constitutional rules of each international system and the fact that the States are the primary polities in the international arena. The rise of International Organizations and the increasing institutionalization of the international system challenges this state-centric world, considering their exercise of sovereign powers. Following authors such as Daniel Elazar, the book discusses the importance of federalism as political theory, which offers a different understanding of the concept of sovereignty. The book discusses the European Union as a paradigmatic case of a postmodern confederation, which challenges the notion of sovereignty as an absolute and exclusive statehood attribute. Furthermore, the reconceptualization of sovereignty in International Law should consider the rise of regional and functional legal orders, the different understandings of sovereignty offered by the federalist tradition and the processes of deterritorialization and disaggregation of authority. The book concludes with the idea that concept of sovereignty in International Law should be seen as a flexible concept which is not an exclusive attribute of the modern territorial state. This book is required reading for all interested in the history and the evolution of the concept of sovereignty.
Author: Sai Felicia Krishna-Hensel
Publisher: Routledge
ISBN: 1317085272
Category : Political Science
Languages : en
Pages : 204
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Book Description
This volume examines the complex international system of the twenty first century from a variety of perspectives. Proceeding from critical theoretical perspectives and incorporating case studies, the chapters focus on broad trends as well as micro-realities of a Post-Westphalian international system. The process of transformation and change of the international system has been an ongoing cumulative process. Many forces including conflict, technological innovation, and communication have contributed to the creation of a transnational world with political, economic, and social implications for all societies. Transnationalism functions both as an integrative factor and one which exposes the existing and the newly emerging divisions between societies and cultures and between nations and states. The chapters in this volume demonstrate that re-thinking fundamental assumptions as well as theoretical and methodological premises is central to understanding the dynamics of interdependence.
Author: Louis J. Kotzé
Publisher: Martinus Nijhoff Publishers
ISBN: 9004273891
Category : Law
Languages : en
Pages : 387
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Book Description
Transboundary Governance of Biodiversity compiles critical analysis of the regulatory frameworks applicable to the transboundary governance of biodiversity by specialists from Europe and Africa. Drawing on their vast experience as lawyers, political scientists and natural resource management experts, they provide a critique and contemporary perspectives on what has become one of the most challenging aspects of global environmental governance in the Anthropocene: effective biodiversity conservation in times of unprecedented environmetal crises. With a unique North-South focus and a legal focus infused by multi-disciplinary regulatory dimensions, this peer-reviewed publication offers a comprehensive analysis of international and regional environmental law frameworks applicable to the transboundary governance of biodiversity.
Author: Stephen Allen
Publisher: Oxford University Press
ISBN: 0191089362
Category : Law
Languages : en
Pages : 613
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Book Description
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: Milinda Banerjee
Publisher: Cambridge University Press
ISBN: 110716656X
Category : History
Languages : en
Pages : 455
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Book Description
This work explores how colonial India imagined human and divine figures to battle the nature and locus of sovereignty.
Author: Constanze Weiske
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110690144
Category : History
Languages : en
Pages : 356
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Book Description
The global expansion of European colonization is commonly perceived as lawful according to the valid European colonial law of the time. This book is substantially challenging this belief by uncovering its legal justifications based on discovery and terra nullius as retrospectively created legal fictions and demonstrating it ́s untenability in practice. Focused on the critical reconstruction of Spanish and Dutch colonization practices in northeastern South America, Trinidad and Tobago between 1498 and 1817, the book offers an illuminating view on the European shadow of the colonial past in the Americas. Based on the application of an innovative comparative spatio-legal Global History approach to 1,770 excavated European colonial written sources from archives of both sides of the Atlantic in comparison to the colonial legal provisions of Europe ́s most influential legal writers, the book, moreover, provides a substantial argument to the contemporary Caribbean-European reparation debate in favor of the return of Indigenous Peoples ́ historical territories. Therefore, the book calls for the extension of the traditional territory approach to reparations of the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIPs) and the Inter-American Court of Human Rights (IACHR).
Author: R. Maguire
Publisher: Edward Elgar Publishing
ISBN: 0857936077
Category : Law
Languages : en
Pages : 383
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Book Description
This work provides an important, broad and legal critique and assessment of transnational trends, structures and innovations currently in use for managing forests.
Author: Chiara Redaelli
Publisher: Bloomsbury Publishing
ISBN: 1509940553
Category : Law
Languages : en
Pages : 340
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Book Description
This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.
