Re-envisioning Sovereignty
Re-envisioning Sovereignty

Author: Trudy Jacobsen

Publisher: Routledge

Published: 2016-04-08

Total Pages: 392

ISBN-13: 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.

Re-envisioning Sovereignty
Re-envisioning Sovereignty

Author: Trudy Jacobsen

Publisher: Ashgate Publishing, Ltd.

Published: 2013-02-28

Total Pages: 400

ISBN-13: 9781409496083

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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.

The Role of the State in Migration Control
The Role of the State in Migration Control

Author: Aoife McMahon

Publisher: BRILL

Published: 2016-11-21

Total Pages: 320

ISBN-13: 9004330054

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This research questions the seemingly ossified premise that states have an absolute discretion to control international migration. Applying Max Weber’s theories of legitimacy, it determines that while states have certain traditionally legitimate functions, migration control, as distinct from the determination of citizenship, is not one such function. Measures of migration control must thus be justified on a rational-legal basis, that is, on a minimal evidential basis. Acknowledging the many obstacles states face in carrying out this legitimising exercise, it is suggested that a supranational approach at the regional level is the most sustainable long-term model, with an ultimate aim of achieving inter-regional cooperation on migration management on the basis of equality between regions.

Religious Ideology and the Roots of the Global Jihad
Religious Ideology and the Roots of the Global Jihad

Author: J. Turner

Publisher: Springer

Published: 2014-08-26

Total Pages: 118

ISBN-13: 1137409576

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The events of 9/11 prompted questions as to the origins, nature and purpose of international jihadist organisations. In particular, why had they chosen to target the US and the West in general? Turner's book provides a unique, holistic insight into these debates, taking into account historical perceptions and ideology as key factors.

Culture and International Law
Culture and International Law

Author: Hikmahanto Juwana

Publisher: CRC Press

Published: 2019-09-03

Total Pages: 503

ISBN-13: 0429759762

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In this era of globalization, International Law plays a significant role in facing rapid development of various legal issues. Cultural preservation has emerged as an important legal issue that should be considered by States. This book consists of academic papers presented and discussed during the 9th International Conference of the Centre of International Law Studies (9th CILS Conference) held in Malang, Indonesia, 2-3 October 2018. The title of the book represents the major theme of the conference: "Culture and International Law." It is argued that along with globalization, cultural preservation is slowly ignored by States. Various papers presented in the book cover five topics: cultural heritage; cultural rights; culture and economic activity; culture and armed conflict; and a general topic. The authors of the papers are outstanding academics from various countries, Lithuania, United States of America, Australia, Thailand and Indonesia. The conference was organized by Universitas Indonesia in collaboration with Brawijaya University. This book aims to give a useful contribution to the existing literature on International Law, specifically focussing on cultural issues from the perspective of cultural heritage and rights, economic as well as armed conflict.

Indigenous Peoples' Status in the International Legal System
Indigenous Peoples' Status in the International Legal System

Author: Mattias Åhrén

Publisher: Oxford University Press

Published: 2016-03-11

Total Pages: 289

ISBN-13: 0191083968

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While many have explored the law governing the rights of indigenous peoples through an examination of relevant instruments and institutions, this book demonstrates that international indigenous rights can be best understood through the study of two questions: What is meant by 'peoples' and 'equality' under international law? Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume explains that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right to self-determination and sets out the content and scope of this right. The book additionally explores the contemporary meaning of 'equality', arguing that the understanding of equality fundamentally impacts what rights indigenous peoples possess over territories and natural resources. This book outlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.

The Future of EU Constitutionalism
The Future of EU Constitutionalism

Author: Matej Avbelj

Publisher: Bloomsbury Publishing

Published: 2023-02-23

Total Pages: 201

ISBN-13: 1509962883

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Is there a real and meaningful future for EU constitutionalism? This collection explores this question in light of recent challenges to EU constitutional law; namely the pandemic and the political schisms emerging across the European Union. The contributors explore the question through the prism of the five main pillars of EU constitutionalism: the constitutional values, the EU formal constitutional framework, its substance consisting of the EU political and economic constitution, and conclude by looking at the foundational concept of sovereignty (national and European) in a global realm. Drawing on expertise from both 'old' and 'new' Europe, it gives voice to the most fundamental question facing the Union in its second half century.

Navajo Sovereignty
Navajo Sovereignty

Author: Lloyd L. Lee

Publisher: University of Arizona Press

Published: 2017-04-11

Total Pages: 217

ISBN-13: 081653408X

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A companion to Diné Perspectives: Revitalizing and Reclaiming Navajo Thought, each chapter of Navajo Sovereignty offers the contributors' individual perspectives. This book discusses Western law's view of Diné sovereignty, research, activism, creativity, and community, and Navajo sovereignty in traditional education. Above all, Lloyd L. Lee and the contributing scholars and community members call for the rethinking of Navajo sovereignty in a way more rooted in Navajo beliefs, culture, and values.

The New Dynamics of Multilateralism
The New Dynamics of Multilateralism

Author: James P. Muldoon

Publisher: Routledge

Published: 2018-04-19

Total Pages: 349

ISBN-13: 0429975821

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This timely new book focuses on the various dynamics of contemporary multilateralism as it relates to global issues, global governance, and global institutions. Invited authorities, including academics, business people, and members of international groups, contribute original essays on how multilateralism as an institution has been affected by globalization, the rise of civil society and global business, emerging economic and political conditions, and new threats to peace and security in the world. Emphasizing practical applications over theoretical foundations, The New Dynamics of Multilateralism helps students understand how the practice of multilateral diplomacy has been influenced by the changes in the processes and procedures of international organizations and the role of multilateralism in the transformation of the international system of governance and the transition to an emerging new global order.

Reconceptualizing Sovereignty in the Post-National State: Statehood Attributes in the International Order
Reconceptualizing Sovereignty in the Post-National State: Statehood Attributes in the International Order

Author: Flavio G. I. Inocencio

Publisher: Author House

Published: 2014

Total Pages: 317

ISBN-13: 1496977688

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* This book offers a multidisciplinary approach to the study of the concept of sovereignty. * This book outlines the origins, context and evolution of the concept of sovereignty as an essential attribute of the modern territorial State since the Peace of Westphalia in 1648. * The book identifies two competing traditions of the concept of sovereignty; the tradition inaugurated by Jean Bodin in 1576 in his work "The Six Books of the Commonwealth" and another that started with Johannes Althusius in 1603, considered the 'father' of federal theory, in his less known work "Politica". * In order to understand the concept of sovereignty, it is necessary to understand the 'constitutional rules' of each international system and the fact that the States are the primary polities in the international arena. * The rise of International Organizations and the increasing 'institutionalization' of the international system challenges this state-centric world, considering their exercise of sovereign powers. * Following authors such as Daniel Elazar, the book discusses the importance of federalism as political theory, which offers a different understanding of the concept of sovereignty. * The book discusses the European Union as a paradigmatic case of a 'postmodern confederation', which challenges the notion of sovereignty as an absolute and exclusive statehood attribute. * Furthermore, the reconceptualization of sovereignty in International Law should consider the rise of regional and functional legal orders, the different understandings of sovereignty offered by the federalist tradition and the processes of 'deterritorialization' and disaggregation of authority. * The book concludes with the idea that concept of sovereignty in International Law should be seen as a flexible concept which is not an exclusive attribute of the modern territorial state. This book is required reading for all interested in the history and the evolution of the concept of sovereignty.