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Sovereignty, Statehood and State Responsibility

Author : Christine Chinkin
Publisher : Cambridge University Press
Page : 529 pages
File Size : 12,30 MB
Release : 2015-02-12
Category : Law
ISBN : 1316218090

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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.

Governance Without a State?

Author : Thomas Risse
Publisher : Columbia University Press
Page : 309 pages
File Size : 36,28 MB
Release : 2011-10-11
Category : Political Science
ISBN : 0231521871

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Governance discourse centers on an "ideal type" of modern statehood that exhibits full internal and external sovereignty and a legitimate monopoly on the use of force. Yet modern statehood is an anomaly, both historically and within the contemporary international system, while the condition of "limited statehood," wherein countries lack the capacity to implement central decisions and monopolize force, is the norm. Limited statehood, argue the authors in this provocative collection, is in fact a fundamental form of governance, immune to the forces of economic and political modernization. Challenging common assumptions about sovereign states and the evolution of modern statehood, particularly the dominant paradigms supported by international relations theorists, development agencies, and international organizations, this volume explores strategies for effective and legitimate governance within a framework of weak and ineffective state institutions. Approaching the problem from the perspectives of political science, history, and law, contributors explore the factors that contribute to successful governance under conditions of limited statehood. These include the involvement of nonstate actors and nonhierarchical modes of political influence. Empirical chapters analyze security governance by nonstate actors, the contribution of public-private partnerships to promote the United Nations Millennium Goals, the role of business in environmental governance, and the problems of Western state-building efforts, among other issues. Recognizing these forms of governance as legitimate, the contributors clarify the complexities of a system the developed world must negotiate in the coming century.

Sovereign Statehood

Author : Alan James
Publisher : Taylor & Francis
Page : 288 pages
File Size : 33,55 MB
Release : 1986-01-01
Category : Souveraineté
ISBN : 9780043201916

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Walled States, Waning Sovereignty

Author : Wendy Brown
Publisher : MIT Press
Page : 169 pages
File Size : 32,70 MB
Release : 2014-02-07
Category : Political Science
ISBN : 1935408097

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Discusses the spate of wall-building by countries around the world and considers the reasons why walls are being built in an increasingly globalized world in which threats to security come from sources that cannot be contained by brick and barbed wire.

State Sovereignty

Author : E. Kurtulus
Publisher : Springer
Page : 237 pages
File Size : 37,82 MB
Release : 2005-11-26
Category : Political Science
ISBN : 1403977089

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State sovereignty is the foundation of international relations. This thought-provoking book explores the gap between seeing sovereignty as either absolute or relative. It argues that state sovereignty is both factual and judicial and that the 'loss' of sovereignty exists only at the margins of the international society. With many interesting real-world examples of ambiguous sovereignty examined, this is an important argument against those who are quick to claim that 'sovereignty' is under assault.

The Green State

Author : Robyn Eckersley
Publisher : MIT Press
Page : 349 pages
File Size : 18,29 MB
Release : 2004-03-05
Category : Political Science
ISBN : 0262550563

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What would constitute a definitively "green" state? In this important new book, Robyn Eckersley explores what it might take to create a green democratic state as an alternative to the classical liberal democratic state, the indiscriminate growth-dependent welfare state, and the neoliberal market-focused state—seeking, she writes, "to navigate between undisciplined political imagination and pessimistic resignation to the status quo." In recent years, most environmental scholars and environmentalists have characterized the sovereign state as ineffectual and have criticized nations for perpetuating ecological destruction. Going consciously against the grain of much current thinking, this book argues that the state is still the preeminent political institution for addressing environmental problems. States remain the gatekeepers of the global order, and greening the state is a necessary step, Eckersley argues, toward greening domestic and international policy and law. The Green State seeks to connect the moral and practical concerns of the environmental movement with contemporary theories about the state, democracy, and justice. Eckersley's proposed "critical political ecology" expands the boundaries of the moral community to include the natural environment in which the human community is embedded. This is the first book to make the vision of a "good" green state explicit, to explore the obstacles to its achievement, and to suggest practical constitutional and multilateral arrangements that could help transform the liberal democratic state into a postliberal green democratic state. Rethinking the state in light of the principles of ecological democracy ultimately casts it in a new role: that of an ecological steward and facilitator of transboundary democracy rather than a selfish actor jealously protecting its territory.

Law, Power, and the Sovereign State

Author : Michael Ross Fowler
Publisher : Penn State Press
Page : 220 pages
File Size : 17,26 MB
Release : 2010-11-01
Category : Political Science
ISBN : 9780271039114

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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.

State Sovereignty

Author : Sohail H. Hashmi
Publisher : Penn State Press
Page : 228 pages
File Size : 43,41 MB
Release : 2010-11-01
Category : Political Science
ISBN : 9780271041162

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Seven essays grapple with some of the paradoxes of national sovereignty in today's world, examining such dimensions as pan-Islamism, new approaches to international human rights, ethnic conflict, lessons from Yugoslavia, and Japan and the tropical forests of southeast Asia. Paper edition (unseen), $17.95. Annotation copyrighted by Book News, Inc., Portland, OR

The Sovereign State and Its Competitors

Author : Hendrik Spruyt
Publisher : Princeton University Press
Page : 304 pages
File Size : 41,68 MB
Release : 2020-05-05
Category : Political Science
ISBN : 0691213054

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The present international system, composed for the most part of sovereign, territorial states, is often viewed as the inevitable outcome of historical development. Hendrik Spruyt argues that there was nothing inevitable about the rise of the state system, however. Examining the competing institutions that arose during the decline of feudalism--among them urban leagues, independent communes, city states, and sovereign monarchies--Spruyt disposes of the familiar claim that the superior size and war-making ability of the sovereign nation-state made it the natural successor to the feudal system. The author argues that feudalism did not give way to any single successor institution in simple linear fashion. Instead, individuals created a variety of institutional forms, such as the sovereign, territorial state in France, the Hanseatic League, and the Italian city-states, in reaction to a dramatic change in the medieval economic environment. Only in a subsequent selective phase of institutional evolution did sovereign, territorial authority prove to have significant institutional advantages over its rivals. Sovereign authority proved to be more successful in organizing domestic society and structuring external affairs. Spruyt's interdisciplinary approach not only has important implications for change in the state system in our time, but also presents a novel analysis of the general dynamics of institutional change.

International Law in Domestic Courts

Author : Andre Nollkaemper
Publisher : Oxford University Press, USA
Page : 769 pages
File Size : 35,53 MB
Release : 2019-01-28
Category : Law
ISBN : 0198739745

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The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.