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Author: Dominik Zaum
Publisher: Oxford University Press
ISBN: 0199207437
Category : Law
Languages : en
Pages : 297
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Book Description
By looking at the post-conflict international administrations in Bosnia and Herzegovina, Kosovo, and East Timor, the book examines how particular ideas about the state, and about the appropriate relationship between the state and its population, have influenced the statebuilding efforts of the international community.
Author: Dominik Zaum
Publisher: Oxford University Press
ISBN: 0199207437
Category : Law
Languages : en
Pages : 297
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Book Description
By looking at the post-conflict international administrations in Bosnia and Herzegovina, Kosovo, and East Timor, the book examines how particular ideas about the state, and about the appropriate relationship between the state and its population, have influenced the statebuilding efforts of the international community.
Author: J. Kehaulani Kauanui
Publisher: Duke University Press
ISBN: 0822371960
Category : History
Languages : en
Pages : 298
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Book Description
In Paradoxes of Hawaiian Sovereignty J. Kēhaulani Kauanui examines contradictions of indigeneity and self-determination in U.S. domestic policy and international law. She theorizes paradoxes in the laws themselves and in nationalist assertions of Hawaiian Kingdom restoration and demands for U.S. deoccupation, which echo colonialist models of governance. Kauanui argues that Hawaiian elites' approaches to reforming and regulating land, gender, and sexuality in the early nineteenth century that paved the way for sovereign recognition of the kingdom complicate contemporary nationalist activism today, which too often includes disavowing the indigeneity of the Kanaka Maoli (Indigenous Hawaiian) people. Problematizing the ways the positing of the Hawaiian Kingdom's continued existence has been accompanied by a denial of U.S. settler colonialism, Kauanui considers possibilities for a decolonial approach to Hawaiian sovereignty that would address the privatization and capitalist development of land and the ongoing legacy of the imposition of heteropatriarchal modes of social relations.
Author: Jiří Přibáň
Publisher: Routledge
ISBN: 1317052080
Category : Law
Languages : en
Pages : 284
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Book Description
Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.
Author: Jonas Bens
Publisher: University of Pennsylvania Press
ISBN: 0812252306
Category : Political Science
Languages : en
Pages : 256
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Book Description
An investigation into how indigenous rights are conceived in legal language and doctrine In the twenty-first century, it is politically and legally commonplace that indigenous communities go to court to assert their rights against the postcolonial nation-state in which they reside. But upon closer examination, this constellation is far from straightforward. Indigenous communities make their claims as independent entities, governed by their own laws. And yet, they bring a case before the court of another sovereign, subjecting themselves to its foreign rule of law. According to Jonas Bens, when native communities enter into legal relationships with postcolonial nation-states, they "become indigenous." Indigenous communities define themselves as separated from the settler nation-state and insist that their rights originate from within their own system of laws. At the same time, indigenous communities must argue that they are incorporated in the settler nation-state to be able to use its judiciary to enforce these rights. As such, they are simultaneously included into and excluded from the state. Tracing how the indigenous paradox is inscribed into the law by investigating several indigenous rights cases in the Americas, from the early nineteenth century to the early twenty-first, Bens illustrates how indigenous communities have managed—and continue to manage—to navigate this paradox by developing lines of legal reasoning that mobilize the concepts of sovereignty and culture. Bens argues that understanding indigeneity as a paradoxical formation sheds light on pressing questions concerning the role of legal pluralism and shared sovereignty in contemporary multicultural societies.
Author: Dani Rodrik
Publisher: OUP Oxford
ISBN: 0191634255
Category : Political Science
Languages : en
Pages : 442
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Book Description
For a century, economists have driven forward the cause of globalization in financial institutions, labour markets, and trade. Yet there have been consistent warning signs that a global economy and free trade might not always be advantageous. Where are the pressure points? What could be done about them? Dani Rodrik examines the back-story from its seventeenth-century origins through the milestones of the gold standard, the Bretton Woods Agreement, and the Washington Consensus, to the present day. Although economic globalization has enabled unprecedented levels of prosperity in advanced countries and has been a boon to hundreds of millions of poor workers in China and elsewhere in Asia, it is a concept that rests on shaky pillars, he contends. Its long-term sustainability is not a given. The heart of Rodrik’s argument is a fundamental 'trilemma': that we cannot simultaneously pursue democracy, national self-determination, and economic globalization. Give too much power to governments, and you have protectionism. Give markets too much freedom, and you have an unstable world economy with little social and political support from those it is supposed to help. Rodrik argues for smart globalization, not maximum globalization.
Author: Rebecca Bryant
Publisher: University of Pennsylvania Press
ISBN: 0812252217
Category : Political Science
Languages : en
Pages : 342
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Book Description
What is de facto about the de facto state? In Sovereignty Suspended, this question guides Rebecca Bryant and Mete Hatay through a journey into de facto state-building, or the process of constructing an entity that looks like a state and acts like a state but that much of the world says does not or should not exist. In international law, the de facto state is one that exists in reality but remains unrecognized by other states. Nevertheless, such entities provide health care and social security, issue identity cards and passports, and interact with international aid donors. De facto states hold elections, conduct censuses, control borders, and enact fiscal policies. Indeed, most maintain representative offices in sovereign states and are able to unofficially communicate with officials. Bryant and Hatay develop the concept of the "aporetic state" to describe such entities, which project stateness and so seem real, even as nonrecognition renders them unrealizable. Sovereignty Suspended is based on more than two decades of ethnographic and archival research in one so-called aporetic state, the Turkish Republic of Northern Cyprus (TRNC). It traces the process by which the island's "north" began to emerge as a tangible, separate, if unrecognized space following violent partition in 1974. Like other de facto states, the TRNC looks and acts like a state, appearing real to observers despite international condemnations, denials of its existence, and the belief of large numbers of its citizens that it will never be a "real" state. Bryant and Hatay excavate the contradictions and paradoxes of life in an aporetic state, arguing that it is only by rethinking the concept of the de facto state as a realm of practice that we will be able to understand the longevity of such states and what it means to live in them.
Author: Chantal Mouffe
Publisher: Verso Books
ISBN: 1789604710
Category : Philosophy
Languages : en
Pages : 154
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Book Description
From the theory of 'deliberative democracy' to the politics of the 'third way', the present Zeitgeist is characterized by attempts to deny what Chantal Mouffe contends is the inherently conflictual nature of democratic politics. Far from being signs of progress, such ideas constitute a serious threat to democratic institutions. Taking issue with John Rawls and Jrgen Habermas on one side, and the political tenets of Blair, Clinton and Schrder on the other, Mouffe brings to the fore the paradoxical nature of modern liberal democracy in which the category of the 'adversary' plays a central role. She draws on the work of Wittgenstein, Derrida, and the provocative theses of Carl Schmitt, to propose a new understanding of democracy which acknowledges the ineradicability of antagonism in its workings.
Author: Hertie School of Governance,
Publisher: OUP Oxford
ISBN: 9780199674428
Category : Political Science
Languages : en
Pages : 0
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Book Description
The Governance Report 2013 seeks to address the implications of the current state of the world in terms of "good governance", that is, the effective, efficient, and reliable set of legitimate institutions and actors dedicated to dealing with matters of public concern.
Author: Dominik Zaum
Publisher: OUP Oxford
ISBN: 0191525863
Category : Political Science
Languages : en
Pages : 304
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Book Description
The post-cold war years have witnessed an unprecedented involvement by the United Nations in the domestic affairs of states, to end conflicts and rebuild political and administrative institutions. International administrations established by the UN or Western states have exercised extensive executive, legislative, and judicial authority over post-conflict territories to facilitate institution building and provide for interim governance. This book is a study of the normative framework underlying the international community's statebuilding efforts. Through detailed case studies of policymaking by the international administrations in Bosnia and Herzegovina, Kosovo, and East Timor, based on extensive interviews and work in the administrations, the book examines the nature of this normative framework, and highlights how norms shape the institutional choices of statebuilders, the relationship between international and local actors, and the exit strategies of international administrations. The book argues that a particular conception of sovereignty as responsibility has influenced the efforts of international administrations, and shows that their statebuilding activities are informed by the idea that post-conflict territories need to meet certain normative tests before they are considered legitimate internationally. The restructuring of political and administrative practices to help post-conflict territories to meet these tests creates a sovereignty paradox: international administrations compromise one element of sovereignty - the right to self-government - in order to implement domestic reforms to legitimise the authority of local political institutions, and thus strengthen their sovereignty. In the light of the governance and development record of the three international administrations, the book assesses the promises and the pathologies of statebuilding, and develops recommendations to improve their performance.
Author: Helmut K. Anheier
Publisher:
ISBN: 0199674930
Category : Business & Economics
Languages : en
Pages : 312
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Book Description
Governance Challenges and Innovations examines the state of governance with a special focus on financial and fiscal governance in the wake of the crises beginning in 2007. Other chapters assess existing governance-related indicators and propose a new framework for applying governance-related information.
