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Author: Bruce Kapferer Publisher: Berghahn Books ISBN: 0857458620 Category : Social Science Languages : en Pages : 176
Book Description
The very institution of the state is widely conceived of as inseparable from war. If it constitutes peace within the borders or order of its sovereignty, this very peace may be the condition for its potential for war with those other states and social formation outside it. This volume represents different analytical standpoints and positions within global processes, inviting further discussion on contemporary realities and the development of new formations of war and violence.
Author: Bruce Kapferer Publisher: Berghahn Books ISBN: 0857458620 Category : Social Science Languages : en Pages : 176
Book Description
The very institution of the state is widely conceived of as inseparable from war. If it constitutes peace within the borders or order of its sovereignty, this very peace may be the condition for its potential for war with those other states and social formation outside it. This volume represents different analytical standpoints and positions within global processes, inviting further discussion on contemporary realities and the development of new formations of war and violence.
Author: Stewart Patrick Publisher: Brookings Institution Press ISBN: 0815737823 Category : Political Science Languages : en Pages : 229
Book Description
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: Daniel W. Hamilton Publisher: University of Chicago Press ISBN: 0226314863 Category : Law Languages : en Pages : 240
Book Description
Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thought? Daniel W. Hamilton locates that change in the crucible of the Civil War. In the early days of the war, Congress passed the First and Second Confiscation Acts, authorizing the Union to seize private property in the rebellious states of the Confederacy, and the Confederate Congress responded with the broader Sequestration Act. The competing acts fueled a fierce, sustained debate among legislators and lawyers about the principles underlying alternative ideas of private property and state power, a debate which by 1870 was increasingly dominated by today’s view of more limited government power. Through its exploration of this little-studied consequence of the debates over confiscation during the Civil War, The Limits of Sovereignty will be essential to an understanding of the place of private property in American law and legal history.
Author: Thomas J. Biersteker Publisher: Cambridge University Press ISBN: 9780521562522 Category : Political Science Languages : en Pages : 30
Book Description
State sovereignty is an inherently social construct. The modern state system is not based on some timeless principle of sovereignty, but on the production of a normative conception that links authority, territory, population, and recognition in a unique way, and in a particular place (the state). The unique contribution of this book is to describe and illustrate the practices that have produced various sovereign ideals and resistances to them. The contributors analyze how the components of state sovereignty are socially constructed and combined in specific historical contexts.
Author: Luke Glanville Publisher: University of Chicago Press ISBN: 022607708X Category : Political Science Languages : en Pages : 305
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.
Author: Christine Chinkin Publisher: Cambridge University Press ISBN: 1316218090 Category : Law Languages : en Pages : 529
Book Description
This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of states), statehood (what it means to be a state, and the process of acquiring or losing statehood) and state responsibility (the legal component of what being a state entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states. It includes reflections on the interactions between states and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood.
Author: Michael Ross Fowler Publisher: Penn State Press ISBN: 9780271039114 Category : Political Science Languages : en Pages : 220
Book Description
In the wake of the collapse of the Soviet bloc, it is timely to ask what continuing role, if any, the concept of sovereignty can and should play in the emerging &"new world order.&" The aim of Law, Power, and the Sovereign State is both to counter the argument that the end of the sovereign state is close at hand and to bring scholarship on sovereignty into the post-Cold War era. The study assesses sovereignty as status and as power and examines the issue of what precisely constitutes a sovereign state. In determining how a political entity gains sovereignty, the authors introduce the requirements of de facto independence and de jure independence and explore the ambiguities inherent in each. They also examine the political process by which the international community formally confers sovereign status. Fowler and Bunck trace the continuing tension of the &"chunk and basket&" theories of sovereignty through the history of international sovereignty disputes and conclude by considering the usefulness of sovereignty as a concept in the future study and conduct of international affairs. They find that, despite frequent predictions of its imminent demise, the concept of sovereignty is alive and well as the twentieth century draws to a close.
Author: Michael Bothe Publisher: Brill Nijhoff ISBN: Category : Law Languages : en Pages : 520
Book Description
With considerable insight and analysis, the editors and contributors to the book--the world's leading ethicists, political scientists and international lawyers--investigate the use of force since the end of the Cold War and, simultaneously, what changes have or should occur with respect to sovereignty and the law in the 21st century. Redefining Sovereignty has resulted from three groundbreaking workshops on international law and the use of force: the first was held in Rome soon after NATO's 1999 intervention in Kosovo; the second took place in Frankfurt after the U.S.-led invasion of Afghanistan; and the third occurred in Columbus, Ohio after the U.S.-led invasion of Iraq. Together, these and other uses of armed force since the end of the Cold War have raised new and challenging questions for the international law and policy on the regulation of armed conflict. These questions are explored in the thoughtful text, including: With the end of superpower rivalry have these uses of force had a particular impact on the state system? Have they, for example, affected the concept of state sovereignty? Have they affected the legal regime on the use of force? By the time of the Iraq invasion in March 2003, had some uses of force long-considered prohibited by the principle of non-intervention become lawful? Did the use of force to protect human rights, to respond to terrorism, for arms control or to preempt future threats become lawful or if not lawful, somehow otherwise legitimate? Published under the Transnational Publishers imprint.
Author: Phil C.W. Chan Publisher: Hotei Publishing ISBN: 9004288376 Category : Law Languages : en Pages : 367
Book Description
China’s rise has aroused apprehension that it will revise the current rules of international order to pursue and reflect its power, and that, in its exercise of State sovereignty, it is unlikely to comply with international law. This book explores the extent to which China’s exercise of State sovereignty since the Opium War has shaped and contributed to the legitimacy and development of international law and the direction in which international legal order in its current form may proceed. It examines how international law within a normative–institutional framework has moderated China’s exercise of State sovereignty and helps mediate differences between China’s and other States’ approaches to State sovereignty, such that State sovereignty, and international law, may be better understood.
Author: Bruce Kapferer
Author: Bruce Kapferer
Author: Stewart Patrick
Author: Christine Chinkin
Author: Daniel W. Hamilton
Author: Thomas J. Biersteker
Author: Luke Glanville
Author: Christine Chinkin
Author: Michael Ross Fowler
Author: Michael Bothe
Author: Phil C.W. Chan