[PDF] The Concept Of Suspended Sovereignty In International Law And Its Implications In International Politics eBook

Author : Alexandros Yannis
Publisher :
Page : pages
File Size : 31,78 MB
Release : 2010
Category :
ISBN :

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The concept of suspension of sovereignty is not new in the legal and political discourses in international relations. It has been employed mainly to describe dramatic and extreme situations in which a clear rupture is observed between the legal proposition of internal sovereignty and the social and political realities on the ground. A prominent example has been the case of foreign occupation. The recent UN Security Council Resolutions on Kosovo and East Timor rekindled interest in the concept of suspended sovereignty and raised new perspectives about its function and role in international politics because it is the product of legitimate international processes representing a further evolution of models of international political authority. Thus, the possible future crystallization of such a concept in international law should be seen and explored more as an opportunity to increase the transparency and accountability of international transitional administrations and less as a chance to reintroduce hierarchical relations in international politics.

Author : Sohail H. Hashmi
Publisher : Penn State Press
Page : 228 pages
File Size : 25,76 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

Author : Alexander Cooley
Publisher : Princeton University Press
Page : 248 pages
File Size : 11,83 MB
Release : 2009-05-10
Category : Law
ISBN : 0691137242

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From the middle of the 20th century, the cessation of sovereignty, either partial or complete, has become a commonplace of international relations. This volume examines how states divide & transfer sovereignty & functions, in particular how 'incomplete contracts' have come to assume a central role in the process.

Author : Benjamin Mekinde Tonga
Publisher : GRIN Verlag
Page : 139 pages
File Size : 32,47 MB
Release : 2021-02-17
Category : Law
ISBN : 3346347796

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Master's Thesis from the year 2018 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 3.6/4, , course: Law, language: English, abstract: The principles of state sovereignty and non-interference rest at the very heart of International law and springs from the 1648 Westphalian treaty.Westphalian sovereignty is the principle of international law that each nation state has sovereignty over its territory and domestic affairs to the exclusion of all external powers. This is founded on the principle of non-interference in another country‟s domestic affairs and that each state irrespective of its size is equal in International law. This study shall rely principally on the doctrinal research methodology by systematic and thematic analysis of existing data on sovereignty and non-interference. The interpretation of sovereignty as narrowly as the non-intervention principle has placed sovereignty against the possibility of intervening for the protection of Human rights. The Rwanda genocide, mass atrocity crimes and crimes against humanity that characterized the state of Rwanda and Srebrenica amongst others raised the need for action by the International community to protect not only states, but also people. This thesis attempts therefore, to find a bridge between these two seemingly opposing interests -protecting the state for a strong international order and protecting the people to save lives. Responsibility to protect is based on the notion of a primary responsibility with each and every state to protect its population, and a secondary responsibility with the international community to assist a state, which is unwilling or unable to protect its people. This thesis concludes that responsibility to protect is part of sovereignty, as a duty of a state, corresponding to the right of non-intervention. If the reign fails to protect its people, or is itself abusing its people, the right of non-intervention becomes void.

Author : Daniel Lee
Publisher : Oxford University Press
Page : 321 pages
File Size : 28,23 MB
Release : 2021
Category : Law
ISBN : 0198755538

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Sovereignty is the vital organizing principle of modern international law. This book examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics. The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law.

Author : Christian Walter
Publisher : OUP Oxford
Page : 337 pages
File Size : 19,35 MB
Release : 2014-06-05
Category : Law
ISBN : 0191006912

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Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.

Author : Giorgio Agamben
Publisher : University of Chicago Press
Page : 108 pages
File Size : 39,72 MB
Release : 2008-07-18
Category : Philosophy
ISBN : 0226009262

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Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

Author : Jens Bartelson
Publisher :
Page : 0 pages
File Size : 42,54 MB
Release : 2014
Category : POLITICAL SCIENCE
ISBN : 9780415446822

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This book is a critical inquiry into sovereignty and argues that the meaning and functions performed by this concept have changed significantly during the past decades, with profound implications for the ontological status of the state and the modus operandi of the international system as a whole. Although we have grown accustomed to regarding sovereignty as a defining characteristic of the modern state and as a constitutive principle of the international system, Sovereignty as Symbolic Form argues that recent changes indicate that sovereignty has been turned into something granted, contingent upon its responsible exercise in accordance with the norms and values of an imagined international community. Hence we need a new understanding of sovereignty in order to clarify the logic of its current usage in theory and practice alike, and its connection to broader concerns of social ontology: what kind of world do we inhabit, and of what kind of entities is this world composed? This book will be of interest to students of International Relations, Critical Security and International Politics.

Author : Piotr Szwedo
Publisher : BRILL
Page : 402 pages
File Size : 38,24 MB
Release : 2018-11-13
Category : Law
ISBN : 9004382895

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Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community - the global water deficit.Apart from theoretical considerations it has very practical consequences, as cross-border water trade appears to constitute one of the most effective ways of balancing water deficits worldwide.

Author : Trudy Jacobsen
Publisher : Routledge
Page : 392 pages
File Size : 12,4 MB
Release : 2016-04-08
Category : Law
ISBN : 1317069706

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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.