Does The State Still Matter Sovereignty Legitimacy And International Law
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Author |
: Roman Kwiecien |
Publisher |
: |
Total Pages |
: 35 |
Release |
: 2014 |
ISBN-10 |
: OCLC:1308878239 |
ISBN-13 |
: |
Rating |
: 4/5 (39 Downloads) |
Synopsis Does the State Still Matter? Sovereignty, Legitimacy and International Law by : Roman Kwiecien
This article explores the issue of sovereignty of States in the context of legitimacy of international law. Sovereign statehood is today increasingly challenged. The article examines if an essential incompatibility exists between international law conceived as a true, that is, legitimized, system of law and State sovereignty. To this end, it seems necessary to determine a meaning and importance of sovereignty in and for international law. The article seeks to argue that the idea of State sovereignty, deprived of orthodox positivistic justification, can still perform an important cognitive function in international law. In a world in which non-State actors suffer from a "democratic deficit", democratic accountability and responsibility remains concentrated in States. States are, therefore, still the main source of legitimacy of political decisions. It is sovereign States that are the legal subjects assuring the public underpinnings within the international legal order. Consequently, there is no contradiction between the sovereign status of States in international society, and international law conceived as a legitimized legal order.
Author |
: André Nollkaemper |
Publisher |
: |
Total Pages |
: 769 |
Release |
: 2018 |
ISBN-10 |
: 9780198739746 |
ISBN-13 |
: 0198739745 |
Rating |
: 4/5 (46 Downloads) |
Synopsis International Law in Domestic Courts by : André Nollkaemper
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.
Author |
: Sohail H. Hashmi |
Publisher |
: Penn State Press |
Total Pages |
: 228 |
Release |
: 2010-11-01 |
ISBN-10 |
: 0271041161 |
ISBN-13 |
: 9780271041162 |
Rating |
: 4/5 (61 Downloads) |
Synopsis State Sovereignty by : Sohail H. Hashmi
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 |
: Christine Chinkin |
Publisher |
: Cambridge University Press |
Total Pages |
: 611 |
Release |
: 2017-04-27 |
ISBN-10 |
: 9781107171213 |
ISBN-13 |
: 1107171210 |
Rating |
: 4/5 (13 Downloads) |
Synopsis International Law and New Wars by : Christine Chinkin
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author |
: Matthew S. Weinert |
Publisher |
: Routledge |
Total Pages |
: 256 |
Release |
: 2007-02-12 |
ISBN-10 |
: 9781135982614 |
ISBN-13 |
: 1135982619 |
Rating |
: 4/5 (14 Downloads) |
Synopsis Democratic Sovereignty by : Matthew S. Weinert
This new book argues that sovereignty, generally defined as the supreme authority in a political community, has a neglected democratic dimension that highlights the expansion of substantive individual rights and freedoms at home and abroad. Offering an historically based assessment of sovereignty that neither reifies the state nor argues sovereignty and the state are eroding under globalizing processes, the book maintains that sovereignty norms have continually changed throughout the history of the sovereign state. Matthew Weinert links international legal developments that restrict and coordinate sovereignty practices with an ethical undercurrent in International Relations, one such example is the creation of the International Criminal Court in 2002. Drawing on seven additional historical case studies, he outlines how campaigns informed by a commitment to the common good, or at the very least by opposition to harmful state policies, can be and have been efficacious in transforming the normative basis of sovereignty. Democratic Sovereignty will be of great interest to students working in the fields of sovereignty, international history, ethics, globalization and international relations.
Author |
: Wojciech Sadurski |
Publisher |
: Oxford University Press, USA |
Total Pages |
: 0 |
Release |
: 2019 |
ISBN-10 |
: 0198825269 |
ISBN-13 |
: 9780198825265 |
Rating |
: 4/5 (69 Downloads) |
Synopsis Legitimacy by : Wojciech Sadurski
Traditionally, legitimacy has been associated exclusively with states. But are states actually legitimate? And in light of the legalization of international norms why should discussions of legitimacy focus only on the nation-state? The essays in this collection examine the nature of legitimacy, the legitimacy of the state, and the legitimacy of supranational institutions. The collection begins by asking: What sort of problem is legitimacy? Part I considers competing theories, in particular the work of John Rawls. Part II looks at the legitimacy of state apparatus, its institutions, officials, and the rule of law, and the future of state sovereignty. Part III expands the scope of legitimacy beyond the state to supranational institutions and international law. Written by theorists of considerable standing, the essays in this volume will be of interest to students and scholars of law, politics, and philosophy looking for ways of approaching the problem of how extra-territorial affairs affect a state's written and unwritten agreements with its citizens in a world where laws and norms with legal effect are increasingly made beyond the state.
Author |
: Paul Groarke |
Publisher |
: Routledge |
Total Pages |
: 334 |
Release |
: 2018-01-18 |
ISBN-10 |
: 9781351159708 |
ISBN-13 |
: 1351159704 |
Rating |
: 4/5 (08 Downloads) |
Synopsis Dividing the State by : Paul Groarke
The events of recent history affirm the urgent need for a satisfactory definition of the conditions under which a minority within a state has the legal right to secede. Although the concept of sovereignty has been progressively weakened, it still presents the major theoretical difficulty in this area. There is currently no source of international law that would give a legal body like a court the authority to recognize the division of an oppressive or illegitimate state into separate legal entities. This book accordingly argues for a global system of justice based on a domestic model of compulsory law. It considers some of the technical, procedural and evidentiary issues that would arise in instituting such a regime, and develops the conceptual framework essential for the provision of legal remedies for gross violations of our fundamental human rights.
Author |
: Jean L. Cohen |
Publisher |
: Cambridge University Press |
Total Pages |
: 455 |
Release |
: 2012-08-02 |
ISBN-10 |
: 9781139560269 |
ISBN-13 |
: 1139560263 |
Rating |
: 4/5 (69 Downloads) |
Synopsis Globalization and Sovereignty by : Jean L. Cohen
Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.
Author |
: Vaughan Lowe |
Publisher |
: OUP Oxford |
Total Pages |
: 145 |
Release |
: 2015-11-26 |
ISBN-10 |
: 9780191576201 |
ISBN-13 |
: 0191576204 |
Rating |
: 4/5 (01 Downloads) |
Synopsis International Law: A Very Short Introduction by : Vaughan Lowe
Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.
Author |
: James Crawford |
Publisher |
: Oxford University Press |
Total Pages |
: 943 |
Release |
: 2006 |
ISBN-10 |
: 9780198260028 |
ISBN-13 |
: 0198260024 |
Rating |
: 4/5 (28 Downloads) |
Synopsis The Creation of States in International Law by : James Crawford
Statehood in the early 21st century remains as much a central problem now as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.