Sovereignty and the Denial of International Equality
Sovereignty and the Denial of International Equality

Author: Xavier Mathieu

Publisher: Routledge

Published: 2021-08-11

Total Pages: 181

ISBN-13: 0429560400

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This book asks whether sovereignty can guarantee international equality by exploring the discourses of sovereignty and their reliance on the notions of civilisation and savagery in two historical colonial encounters: the French explorations of Canada in the 16th century and the domestic troubles linked to the Wars of Religion. Presenting the concept of ‘civilised sovereignty’, Mathieu reveals the interplay between the domestic and external claims to sovereignty, and offers a dynamic analysis of the theory and practice of the concept. Based on extensive archival research, this book provides an in-depth intellectual picture of the theory and practice of sovereignty in early modern France by focusing on the discourses deployed by French political theorists. Mathieu applies performativity in order to denaturalise these discourses of statehood and reveals how the domestic and international constructions of sovereignty feed into one another and equally rely on appeals to civilisation and savagery. Overall, the book questions the ‘myth of sovereignty as equality’ and reflects on the persistence of this association despite the overwhelming empirical evidence that it institutes international hierarchies and inequalities. Representing a major intervention in the existing IR debates about sovereignty, this book will be a valuable resource for researchers working on issues of sovereignty and equality in IR.

Sovereign equality among states
Sovereign equality among states

Author: Robert A. Klein

Publisher: University of Toronto Press

Published: 1974-12-15

Total Pages: 220

ISBN-13: 1487590962

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Uncritical adherence to the concept of sovereign equality is a major stumbling block to the reorganization of the world community. This study is the first place to trace the origins of the wording of the concept as it appears in the UN charter, as well as its historical antecedents and philosophical foundations. Two contradictory ways of viewing sovereign states and maintaining order among them are discussed. According to one, states are abstract entities with a fictitious personality; according to this view, international affairs must be based on the concept of great-power primacy. The opposite view, brought to world attention at the Hague Peace Conference of 1907, endows states with human personalities and transfers to them the political principle of individual equality. The book develops the tension between the real world of international politics and the abstract world where opposing concepts abide.

A Society of States
A Society of States

Author: William Teulon Swan Stallybrass

Publisher: London, G. Routledge & sons, Limited; New York, E. P. Dutton & Company [1918]

Published: 1918

Total Pages: 192

ISBN-13:

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The UN Friendly Relations Declaration at 50
The UN Friendly Relations Declaration at 50

Author: Jorge E. Viñuales

Publisher: Cambridge University Press

Published: 2020-10-08

Total Pages: 1047

ISBN-13: 1108662307

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The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.

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.

State Sovereignty and International Criminal Law
State Sovereignty and International Criminal Law

Author: Morten Bergsmo

Publisher: Torkel Opsahl Academic EPublisher

Published: 2012-11-19

Total Pages: 300

ISBN-13: 829308135X

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'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.

Sovereignty & the Responsibility to Protect
Sovereignty & the Responsibility to Protect

Author: Luke Glanville

Publisher: University of Chicago Press

Published: 2013-12-20

Total Pages: 305

ISBN-13: 022607708X

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In 2011, the United Nations Security Council adopted Resolution 1973, authorizing its member states to take measures to protect Libyan civilians from Muammar Gadhafi’s forces. In invoking the “responsibility to protect,” the resolution draws on the principle that sovereign states are responsible and accountable to the international community for the protection of their populations and that the international community can act to protect populations when national authorities fail to do so. The idea that sovereignty includes the responsibility to protect is often seen as a departure from the classic definition, but it actually has deep historical roots. In Sovereignty and the Responsibility to Protect, Luke Glanville argues that this responsibility extends back to the sixteenth and seventeenth centuries, and that states have since been accountable for this responsibility to God, the people, and the international community. Over time, the right to national self-governance came to take priority over the protection of individual liberties, but the noninterventionist understanding of sovereignty was only firmly established in the twentieth century, and it remained for only a few decades before it was challenged by renewed claims that sovereigns are responsible for protection. Glanville traces the relationship between sovereignty and responsibility from the early modern period to the present day, and offers a new history with profound implications for the present.