This volume brings together a collection of classic and contemporary texts which engage with the core problem of sovereignty from the perspective of various legal and law-related sub-disciplines: legal history and theory, constitutional law, international law and relations and EU law. Many of the highlights from the intense debates about the continuing relevance or otherwise of the internal sovereignty of national legal orders and the external sovereignty of states in a rapidly- globalizing world are reproduced here.c
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.
This book offers an in-depth examination of the strategic use of State sovereignty in contemporary European and international affairs and the consequences of this for authority relations in Europe and beyond. It suggests a new approach to the study of State sovereignty, proposing to understand the use of sovereignty as games where States are becoming more instrumental in their claims to sovereignty and skilled in adapting it to the challenges that they face
Dieter Grimm's accessible introduction to the concept of sovereignty ties the evolution of the idea to historical events, from the religious conflicts of sixteenth-century Europe to today's trends in globalization and transnational institutions. Grimm wonders whether recent political changes have undermined notions of national sovereignty, comparing manifestations of the concept in different parts of the world. Geared for classroom use, the study maps various notions of sovereignty in relation to the people, the nation, the state, and the federation, distinguishing between internal and external types of sovereignty. Grimm's book will appeal to political theorists and cultural-studies scholars and to readers interested in the role of charisma, power, originality, and individuality in political rule.
This book uses historical analysis, constitutional economics, and complexity theory to furnish an account of city subsidiarity as a legal, ethical, political, and economic principle. The book contemplates subsidiarity as a constitutional principle, where cities would benefit from much wider local autonomy. Constitutional economics suggests an optimal limit to jurisdictional footprints (territories). This entails preference for political orders where sovereignty is shared between different cities rather states where capital cities dominate. The introduction of city subsidiarity as a constitutional principle holds the key to economic prosperity in a globalizing world. Moreover, insights from complexity theory suggest subsidiarity is the only effective response to the ‘problem of scale.’ It is a fitness trait that prevents highly complex systems from collapsing. The nation-state is a highly complex system within which cities function as ‘attractors.’ The collapse of such systems would ensue if there were strong coupling between attractors. Such coupling obtains under legal monism. Only subsidiarity can make the eventuality of collapse improbable. The emergent and self-organizing properties of subsidiarity entail a shift in policy emphasis towards cities with a wide margin of autonomy.
Devotional Sovereignty: Kingship and Religion in India investigates the shifting conceptualization of sovereignty in the South Indian kingdom of Mysore during the reigns of Tipu Sultan (r. 1782-1799) and Krishnaraja Wodeyar III (r. 1799-1868). Tipu Sultan was a Muslim king famous for resisting British dominance until his death; Krishnaraja III was a Hindu king who succumbed to British political and administrative control. Despite their differences, the courts of both kings dealt with the changing political landscape by turning to the religious and mythical past to construct a royal identity for their kings. Caleb Simmons explores the ways in which these two kings and their courts modified and adapted pre-modern Indian notions of sovereignty and kingship in reaction to British intervention. The religious past provided an idiom through which the Mysore courts could articulate their rulers' claims to kingship in the region, attributing their rule to divine election and employing religious vocabulary in a variety of courtly genres and media. Through critical inquiry into the transitional early colonial period, this study sheds new light on pre-modern and modern India, with implications for our understanding of contemporary politics. It offers a revisionist history of the accepted narrative in which Tipu Sultan is viewed as a radical Muslim reformer and Krishnaraja III as a powerless British puppet. Simmons paints a picture of both rulers in which they work within and from the same understanding of kingship, utilizing devotion to Hindu gods, goddesses, and gurus to perform the duties of the king.
The current context of developed societies is characterised by a number of phenomena, the most significant of which are processes of economic globalisation, information technologies, increasing multiculturalism and the emergence of cases of national pluralism which require full political accommodation both within democracies and in the international sphere. The book examines the current state of affairs concerning the political recognition and constitutional accommodation of national pluralism in liberal democracies in the global era of the 21st century. The aim of this volume is to reveal the normative, analytical and institutional shortcomings of liberal democracies in multinational contexts and to offer alternatives that theoretically refine and practically improve the recognition and political accommodation of national pluralism within the democratic polity. Through a series of analyses linked to the development of political liberalism in contemporary states the contributors analyse the direct impact on the way that democracies have treated, and continue to treat, national pluralism in modern-day societies. Bringing together leading scholars in the field to explore the different debates and approaches to this important issue, this volume will interest researchers and students of nationalism, federalism and multiculturalism, as well as political actors and policy makers with a particular interest in the management of diversity in present-day liberal democracies.
A wide-ranging collection of writings on emerging political structures in cyberspace. In Crypto Anarchy, Cyberstates, and Pirate Utopias, Peter Ludlow extends the approach he used so successfully in High Noon on the Electronic Frontier, offering a collection of writings that reflects the eclectic nature of the online world, as well as its tremendous energy and creativity. This time the subject is the emergence of governance structures within online communities and the visions of political sovereignty shaping some of those communities. Ludlow views virtual communities as laboratories for conducting experiments in the construction of new societies and governance structures. While many online experiments will fail, Ludlow argues that given the synergy of the online world, new and superior governance structures may emerge. Indeed, utopian visions are not out of place, provided that we understand the new utopias to be fleeting localized "islands in the Net" and not permanent institutions. The book is organized in five sections. The first section considers the sovereignty of the Internet. The second section asks how widespread access to resources such as Pretty Good Privacy and anonymous remailers allows the possibility of "Crypto Anarchy"—essentially carving out space for activities that lie outside the purview of nation states and other traditional powers. The third section shows how the growth of e-commerce is raising questions of legal jurisdiction and taxation for which the geographic boundaries of nation-states are obsolete. The fourth section looks at specific experimental governance structures evolved by online communities. The fifth section considers utopian and anti-utopian visions for cyberspace. Contributors Richard Barbrook, John Perry Barlow, William E. Baugh Jr., David S. Bennahum, Hakim Bey, David Brin, Andy Cameron, Dorothy E. Denning, Mark Dery, Kevin Doyle, Duncan Frissell, Eric Hughes, Karrie Jacobs, David Johnson, Peter Ludlow, Timothy C. May, Jennifer L. Mnookin, Nathan Newman, David G. Post, Jedediah S. Purdy, Charles J. Stivale
