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: AuthorHouse

Published: 2014-08-18

Total Pages: 317

ISBN-13: 1496978188

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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.


Democracy, Federalism, the European Revolution, and Global Governance

Democracy, Federalism, the European Revolution, and Global Governance

Author: Andrea Bosco

Publisher: Cambridge Scholars Publishing

Published: 2020-06-10

Total Pages: 436

ISBN-13: 1527554457

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The European Union is facing today the greatest crisis since its creation. Brexit could mean not only the reversal of its steady enlargement—from 6 to 28 member states—but also the beginning of an inexorable decline leading to its disintegration. However, few today seem to recollect that it was precisely the British who were the first to promulgate the political culture which inspired the European Union’s construction—democracy and federalism—and the first who tried to realise, in June 1940, a European federation on the basis of an Anglo-French union. This volume traces the fundamental stages of the European unification process, placing it in relation to the wider process of world economic and political integration. In particular, it analyses the historical significance of the European Revolution, which is identified in the overcoming of the nation state—namely the modern political formula which institutionalised the political division of mankind—and the birth of the first truly international state. The universal historical significance of the European Revolution lies in its exportability—as for the other great European revolutions—and, therefore, its potential as progressively extensible to all the states of the planet. Europe was indeed the first region of the world where the barriers between national states fell, and a post-national political identity emerged, complementary to national political identities. It is, in fact, in the context of the European Union that democracy beyond the borders of the nation state has first been realized, constituting a guiding principle for global governance.


Protecting Animals Within and Across Borders

Protecting Animals Within and Across Borders

Author: Charlotte E. Blattner

Publisher: Oxford University Press

Published: 2019

Total Pages: 521

ISBN-13: 0190948310

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based on author's thesis (doctoral - Universitèat Basel, 2016) issued under title: The extraterritorial protection of animals: admissibility and possibilities of the application of national animal welfare standards to animals in foreign countries.


Fragmentation vs the Constitutionalisation of International Law

Fragmentation vs the Constitutionalisation of International Law

Author: Andrzej Jakubowski

Publisher: Routledge

Published: 2016-07-01

Total Pages: 319

ISBN-13: 1317312287

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The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.


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.


The Responsibility to Protect

The Responsibility to Protect

Author: International Commission on Intervention and State Sovereignty

Publisher: IDRC

Published: 2001

Total Pages: 432

ISBN-13: 9780889369634

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Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty


State Immunity in International Law

State Immunity in International Law

Author: Xiaodong Yang

Publisher: Cambridge University Press

Published: 2012-09-27

Total Pages: 941

ISBN-13: 0521844010

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Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.


Street Gangs

Street Gangs

Author: Max G. Manwaring

Publisher:

Published: 2005

Total Pages: 68

ISBN-13:

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The primary thrust of the monograph is to explain the linkage of contemporary criminal street gangs (that is, the gang phenomenon or third generation gangs) to insurgency in terms f the instability it wreaks upon government and the concomitant challenge to state sovereignty. Although there are differences between gangs and insurgents regarding motives and modes of operations, this linkage infers that gang phenomena are mutated forms of urban insurgency. In these terms, these "new" nonstate actors must eventually seize political power in order to guarantee the freedom of action and the commercial environment they want. The common denominator that clearly links the gang phenomenon to insurgency is that the third generation gangs' and insurgents' ultimate objective is to depose or control the governments of targeted countries. As a consequence, the "Duck Analogy" applies. Third generation gangs look like ducks, walk like ducks, and act like ducks - a peculiar breed, but ducks nevertheless! This monograph concludes with recommendations for the United States and other countries to focus security and assistance responses at the strategic level. The intent is to help leaders achieve strategic clarity and operate more effectively in the complex politically dominated, contemporary global security arena.


Contested States in World Politics

Contested States in World Politics

Author: D. Geldenhuys

Publisher: Springer

Published: 2009-04-22

Total Pages: 304

ISBN-13: 0230234186

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This book investigates a phenomenon in world politics that is largely overlooked by scholars, namely entities lacking international recognition of their status as independent states. It includes case studies on the Eurasian Quartet, Kosovo, Somaliland, Palestine, Northern Cyprus, Western Sahara and Taiwan.