Cooperative Sovereignty
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Cooperative Sovereignty
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Author : Franz Xaver Perrez
language : en
Publisher: BRILL
Release Date : 2021-10-25
Cooperative Sovereignty written by Franz Xaver Perrez and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-25 with Law categories.
In the late 20th century, it has become widely accepted that States need to cooperate in order to pursue effectively their interests within the increasingly interdependent world order. At the same time, the principle of sovereignty is still often invoked as a claim for independence and a justification for non-cooperation. This book goes beyond that traditional understanding to develop a new theory which holds that cooperation between States is not an independent principle supplementing State sovereignty or even a counterweight to State sovereignty. Rather, cooperation should be conceived an element of the very notion of sovereignty itself. Sovereignty is not a negative principle meaning merely State independence and freedom, but it also inherently includes a positive element which stresses a State's innate membership in the international community and its authority, its responsibility, its duty to participate actively in that community. In short, sovereignty not only means independence, it also means a responsibility to cooperate. The first part of the book traces the history of the principle of sovereignty from the theories of Grotius and Francisco de Vitoria to the modern understanding of the principle in the light of the United Nations system. The second part of the book poses challenges to the traditional concept of sovereignty in the light of the 20th century interdependence, and the third part goes on to formulate a new theory which takes into account the principles of customary law and treaty law. The conclusions drawn on by the author are refreshing, but may also be controversial, and this book will most definitely contribute to the discussion and development of the principle of sovereignty in international law.
Taking A Common Concern Approach To Economic Inequality
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Author : Alexander D. Beyleveld
language : en
Publisher: BRILL
Release Date : 2022-03-16
Taking A Common Concern Approach To Economic Inequality written by Alexander D. Beyleveld and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-16 with Law categories.
The open access publication of this book has been published with the support of the Swiss National Science Foundation. Are countries capable of reducing economic inequality under conditions of contemporary globalisation without cooperating and coordinating with other countries? While states are far from powerless to effect distributional change within their own sovereign space, Taking a Common Concern Approach to Economic Inequality makes the case that cooperation and coordination is indeed necessary, especially in relation to corporate taxation. It accordingly contemplates the utility of a transnational taxation system that is embedded in cooperative sovereignty through the recognition of rising economic inequality and its deleterious effects – including how increasingly unequal distributions within countries make transnational cooperation and coordination efforts less likely – as a common concern of humankind.
Sovereignty
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Author : Stephen D. Krasner
language : en
Publisher: Princeton University Press
Release Date : 1999-08-02
Sovereignty written by Stephen D. Krasner and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-08-02 with Political Science categories.
The acceptance of human rights and minority rights, the increasing role of international financial institutions, and globalization have led many observers to question the continued viability of the sovereign state. Here a leading expert challenges this conclusion. Stephen Krasner contends that states have never been as sovereign as some have supposed. Throughout history, rulers have been motivated by a desire to stay in power, not by some abstract adherence to international principles. Organized hypocrisy--the presence of longstanding norms that are frequently violated--has been an enduring attribute of international relations. Political leaders have usually but not always honored international legal sovereignty, the principle that international recognition should be accorded only to juridically independent sovereign states, while treating Westphalian sovereignty, the principle that states have the right to exclude external authority from their own territory, in a much more provisional way. In some instances violations of the principles of sovereignty have been coercive, as in the imposition of minority rights on newly created states after the First World War or the successor states of Yugoslavia after 1990; at other times cooperative, as in the European Human Rights regime or conditionality agreements with the International Monetary Fund. The author looks at various issues areas to make his argument: minority rights, human rights, sovereign lending, and state creation in the nineteenth and twentieth centuries. Differences in national power and interests, he concludes, not international norms, continue to be the most powerful explanation for the behavior of states.
Food Sovereignty Agroecology And Biocultural Diversity
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Author : Michel. P. Pimbert
language : en
Publisher: Routledge
Release Date : 2017-11-01
Food Sovereignty Agroecology And Biocultural Diversity written by Michel. P. Pimbert and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-01 with Technology & Engineering categories.
Contestations over knowledge – and who controls its production – are a key focus of social movements and other actors that promote food sovereignty, agroecology and biocultural diversity. This book critically examines the kinds of knowledge and ways of knowing needed for food sovereignty, agroecology and biocultural diversity. ‘Food sovereignty’ is understood here as a transformative process that seeks to recreate the democratic realm and regenerate a diversity of autonomous food systems based on agroecology, biocultural diversity, equity, social justice and ecological sustainability. It is shown that alternatives to the current model of development require radically different knowledges and epistemologies from those on offer today in mainstream institutions (including universities, policy think tanks and donor organizations). To achieve food sovereignty, agroecology and biocultural diversity, there is a need to re-imagine and construct knowledge for diversity, decentralisation, dynamic adaptation and democracy. The authors critically explore the changes in organizations, research paradigms and professional practice that could help transform and co-create knowledge for a new modernity based on plural definitions of wellbeing. Particular attention is given to institutional, pedagogical and methodological innovations that can enhance cognitive justice by giving hitherto excluded citizens more power and agency in the construction of knowledge. The book thus contributes to the democratization of knowledge and power in the domain of food, environment and society. Chapters 1 and 8 of this book are freely available as downloadable Open Access PDFs at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Towards Global Justice Sovereignty In An Interdependent World
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Author : Simona Ţuţuianu
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-10-28
Towards Global Justice Sovereignty In An Interdependent World written by Simona Ţuţuianu and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-28 with Law categories.
With Forewords by Geoffrey Robertson QC, Doughty Street Chambers, London, UK and Professor Mihail E. Ionescu, Bucharest, Romania Simona Ţuţuianu describes a new model of sovereignty which is fast replacing the traditional Westphalian model embodied in Article 2 of the UN Charter and rigorously followed throughout the Cold War. The scholarly basis for this new model draws upon developments in international criminal law which first emerged from the Nuremberg trials and upon more recent interstate economic cooperation which has turned sovereign independence into interdependence across a range of state functions. Does this mean that traditional Westphalian concepts of sovereignty should be abandoned in constructing a new theory of world governance for the twenty-first century? Not at all. A new model, which can be called the pattern of interdependence-based sovereignty, serves to explain contemporary events that puzzle traditional theorists, such as the war over Kosovo, the invasions of Iraq and Libya, the emergence of a “Responsibility to protect” doctrine and its recent validation in Security Council Resolutions 1970 and 1973. We are witnessing the emergence of a new philosophy of action, which is in the process of producing a 21st century system of international relations. The Book will appeal to academics, students and postgraduates studying international affairs, politics, international law, diplomatic history, or war and/or peace studies. It is particularly of interest for NATO establishments and national military schools, while experts and scholars will value its theory of what sovereignty means today. The Book offers a multidisciplinary approach which underpins a new theory of how human rights can be better protected in a better world. There is a unique case study of cooperative security in the Greater Black Sea Area, by one of the few experts on the politics of this region. It will be read and appreciated by those who need to understand how modern international law and diplomacy really work. Journalists, media commentators, human rights NGOs, aid agencies, diplomats and government officials need the information in this Book.
Governing Indigenous Territories
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Author : Juliet S. Erazo
language : en
Publisher: Duke University Press
Release Date : 2013-07-18
Governing Indigenous Territories written by Juliet S. Erazo and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-18 with Social Science categories.
Governing Indigenous Territories illuminates a paradox of modern indigenous lives. In recent decades, native peoples from Alaska to Cameroon have sought and gained legal title to significant areas of land, not as individuals or families but as large, collective organizations. Obtaining these collective titles represents an enormous accomplishment; it also creates dramatic changes. Once an indigenous territory is legally established, other governments and organizations expect it to act as a unified political entity, making decisions on behalf of its population and managing those living within its borders. A territorial government must mediate between outsiders and a not-always-united population within a context of constantly shifting global development priorities. The people of Rukullakta, a large indigenous territory in Ecuador, have struggled to enact sovereignty since the late 1960s. Drawing broadly applicable lessons from their experiences of self-rule, Juliet S. Erazo shows how collective titling produces new expectations, obligations, and subjectivities within indigenous territories.
A Contemporary Concept Of Monetary Sovereignty
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Author : Claus D. Zimmermann
language : en
Publisher: OUP Oxford
Release Date : 2013-11-07
A Contemporary Concept Of Monetary Sovereignty written by Claus D. Zimmermann and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-07 with Law categories.
Monetary sovereignty is a crucial legal concept dictating that states have sovereignty over their own monetary, financial, and fiscal affairs. However, it does not feature as part of any key instruments of international law, including the Articles of Agreement of the International Monetary Fund. Rather, it has remained a somewhat separate notion, developed under contemporary international law from an assertion of the former Permanent Court of International Justice in 1929. As a consequence of globalization and increasing financial integration and a worldwide trend towards the creation of economic and monetary unions, the principle of monetary sovereignty has undergone significant change. This book examines this evolution in detail, and provides a conceptual framework to demonstrate what this means for the legal and economic challenges faced by the international community. The book examines the historic origins and evolution of the concept of monetary sovereignty, putting it into the context of broader concepts of sovereignty. It argues that monetary sovereignty remains relevant as a dynamic legal concept with both positive and normative components. It investigates the continuing hybridization of international monetary law resulting from changes to its formal and material sources. It then examines the complex phenomenon of exchange rate misalignment under international monetary and trade law, and the increasing regionalization of monetary sovereignty, notably in light of the European sovereign debt crisis. Finally, it assesses the role the concept of monetary sovereignty can play in the reorganization of international finance following the recent global financial crisis.
Police Cooperation And Sovereignty In The Eu
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Author : Synnøve Ugelvik
language : en
Publisher: Routledge
Release Date : 2018-07-11
Police Cooperation And Sovereignty In The Eu written by Synnøve Ugelvik and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-11 with Law categories.
The State and the police are traditionally seen as closely connected phenomena. Today, however, rapid EU legal developments mean that European police forces are no longer tied to a specific national legal context or a specific territory in the way they used to be. Norway is not a member of the EU. Or is it? This book shows that although it lacks formal membership status, Norway has become part of almost all of the major EU police cooperation measures and agreements. Not only does this mean that foreign police forces may operate on Norwegian territory and vice versa, but in addition, a wide range of EU regulations and cooperation instruments are incorporated directly into Norwegian law. With the increased focus on international and transnational police cooperation in mind, what does it mean to be a sovereign state in Europe today? This book combines strong legal and theoretical analyses of a specific national system to show how this country is tied to and dependent on a wider international and supranational system of legal rules, technologies and concepts. This makes the book relevant not only for the Norwegian prosecution and police authorities, but also for readers outside Norway interested in exploring how and whether the police as a modern state function has changed through the implementation of international cross-border cooperation mechanisms.
The New Sovereignty
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Author : Abram Chayes
language : en
Publisher: Harvard University Press
Release Date : 2009-07-01
The New Sovereignty written by Abram Chayes and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-01 with Political Science categories.
In an increasingly complex and interdependent world, states resort to a bewildering array of regulatory agreements to deal with problems as disparate as climate change, nuclear proliferation, international trade, satellite communications, species destruction, and intellectual property. In such a system, there must be some means of ensuring reasonably reliable performance of treaty obligations. The standard approach to this problem, by academics and politicians alike, is a search for treaties with "teeth"--military or economic sanctions to deter and punish violation. The New Sovereignty argues that this approach is misconceived. Cases of coercive enforcement are rare, and sanctions are too costly and difficult to mobilize to be a reliable enforcement tool. As an alternative to this "enforcement" model, the authors propose a "managerial" model of treaty compliance. It relies on the elaboration and application of treaty norms in a continuing dialogue between the parties--international officials and nongovernmental organizations--that generates pressure to resolve problems of noncompliance. In the process, the norms and practices of the regime themselves evolve and develop. The authors take a broad look at treaties in many different areas: arms control, human rights, labor, the environment, monetary policy, and trade. The extraordinary wealth of examples includes the Iran airbus shootdown, Libya's suit against Great Britain and the United States in the Lockerbie case, the war in Bosnia, and Iraq after the Gulf War. The authors conclude that sovereignty--the status of a recognized actor in the international system--requires membership in good standing in the organizations and regimes through which the world manages its common affairs. This requirement turns out to be the major pressure for compliance with treaty obligations. This book will be an invaluable resource and casebook for scholars, policymakers, international public servants, lawyers, and corporate executives.
Canada Us Relations
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Author : David Carment
language : en
Publisher: Springer
Release Date : 2019-01-17
Canada Us Relations written by David Carment and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-17 with Political Science categories.
This book, the 32nd volume in the Canada Among Nations series, looks to the wide array of foreign policy challenges, choices and priorities that Canada confronts in relations with the US where the line between international and domestic affairs is increasingly blurred. In the context of the Canada-US relationship, this blurring is manifest as a cooperative effort by officials to manage aspects of the relationship in which bilateral institutional cooperation goes on largely unnoticed. Chapters in this volume focus on longstanding issues reflecting some degree of Canada-US coordination, if not integration, such as trade, the environment and energy. Other chapters focus on emerging issues such as drug policies, energy, corruption and immigration within the context of these institutional arrangements.