Sovereignty as Inviolability

Sovereignty as Inviolability PDF Author: Frans-Willem Korsten
Publisher: Uitgeverij Verloren
ISBN: 9087041314
Category : Dutch drama
Languages : en
Pages : 234

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Book Description
Sovereignty was a key issue in the baroque, and especially in the Dutch Republic with its incredibly complicated political organisation. Consequently, sovereignty was explored in and through Joost van den Vondel'S theatre plays. Vondel sensed a fundamental problem in the construction of Europe'S politico-cultural 'House'. The questions he asked with respect to that construction concerned the relationship between theology and politics, including in terms of gender and culture. Because these questions could barely be considered explicitly, let alone actually discussed, they had to be presented through literature theatre. A close reading of a number of plays reveals not only a pivotal discussion that concerns Vondel'S own times, but also an on-going struggle in the European exploration of sovereignty. In that context, power and potency a distinction made by Spinoza determine the status of sovereignty that any body can acquire.

Sovereignty as Inviolability

Sovereignty as Inviolability PDF Author: Frans-Willem Korsten
Publisher: Uitgeverij Verloren
ISBN: 9087041314
Category : Dutch drama
Languages : en
Pages : 234

Get Book Here

Book Description
Sovereignty was a key issue in the baroque, and especially in the Dutch Republic with its incredibly complicated political organisation. Consequently, sovereignty was explored in and through Joost van den Vondel'S theatre plays. Vondel sensed a fundamental problem in the construction of Europe'S politico-cultural 'House'. The questions he asked with respect to that construction concerned the relationship between theology and politics, including in terms of gender and culture. Because these questions could barely be considered explicitly, let alone actually discussed, they had to be presented through literature theatre. A close reading of a number of plays reveals not only a pivotal discussion that concerns Vondel'S own times, but also an on-going struggle in the European exploration of sovereignty. In that context, power and potency a distinction made by Spinoza determine the status of sovereignty that any body can acquire.

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations PDF Author: Michael N. Schmitt
Publisher: Cambridge University Press
ISBN: 1316828646
Category : Law
Languages : en
Pages : 641

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Book Description
Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.

Diplomatic Law

Diplomatic Law PDF Author: Eileen Denza
Publisher: Oxford University Press
ISBN: 0198703961
Category : Law
Languages : en
Pages : 472

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Book Description
The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.

Tallinn Manual on the International Law Applicable to Cyber Warfare

Tallinn Manual on the International Law Applicable to Cyber Warfare PDF Author: Michael N. Schmitt
Publisher: Cambridge University Press
ISBN: 1107024439
Category : Law
Languages : en
Pages : 303

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Book Description
The result of a three-year project, this manual addresses the entire spectrum of international legal issues raised by cyber warfare.

Popular Sovereignty and the Crisis of German Constitutional Law

Popular Sovereignty and the Crisis of German Constitutional Law PDF Author: Peter C. Caldwell
Publisher: Duke University Press
ISBN: 9780822319887
Category : History
Languages : en
Pages : 324

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Book Description
A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).

The Position of Heads of State and Senior Officials in International Law

The Position of Heads of State and Senior Officials in International Law PDF Author: Joanne Foakes
Publisher: Oxford University Press
ISBN: 0199640289
Category : History
Languages : en
Pages : 257

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Book Description
A comprehensive and in-depth study of the legal position in international law of heads of state, heads of government and other senior state officials, this book analyses relevant treaties, case law, and custom to set out the law in this area and provide practical guidance.

The Law of State Immunity

The Law of State Immunity PDF Author: Hazel Fox
Publisher: OUP Oxford
ISBN: 0191669768
Category : Law
Languages : en
Pages : 3290

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Book Description
The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.

Definition and Development of Human Rights and Popular Sovereignty in Europe

Definition and Development of Human Rights and Popular Sovereignty in Europe PDF Author: European Commission for Democracy through Law
Publisher: Council of Europe
ISBN: 9789287171344
Category : Political Science
Languages : en
Pages : 236

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Book Description
What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?

Sovereignty & the Responsibility to Protect

Sovereignty & the Responsibility to Protect PDF Author: Luke Glanville
Publisher: University of Chicago Press
ISBN: 022607708X
Category : Political Science
Languages : en
Pages : 305

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Book Description
In 2011, the United Nations Security Council adopted Resolution 1973, authorizing its member states to take measures to protect Libyan civilians from Muammar Gadhafi’s forces. In invoking the “responsibility to protect,” the resolution draws on the principle that sovereign states are responsible and accountable to the international community for the protection of their populations and that the international community can act to protect populations when national authorities fail to do so. The idea that sovereignty includes the responsibility to protect is often seen as a departure from the classic definition, but it actually has deep historical roots. In Sovereignty and the Responsibility to Protect, Luke Glanville argues that this responsibility extends back to the sixteenth and seventeenth centuries, and that states have since been accountable for this responsibility to God, the people, and the international community. Over time, the right to national self-governance came to take priority over the protection of individual liberties, but the noninterventionist understanding of sovereignty was only firmly established in the twentieth century, and it remained for only a few decades before it was challenged by renewed claims that sovereigns are responsible for protection. Glanville traces the relationship between sovereignty and responsibility from the early modern period to the present day, and offers a new history with profound implications for the present.

Permanent Sovereignty over Natural Resources

Permanent Sovereignty over Natural Resources PDF Author: Marc Bungenberg
Publisher: Springer
ISBN: 3319157388
Category : Law
Languages : en
Pages : 234

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Book Description
Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.