Rights Of Sovereignty And Rights Of War
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The Right Of Sovereignty
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Author : Daniel Lee
language : en
Publisher: Oxford University Press
Release Date : 2021-08-31
The Right Of Sovereignty written by Daniel Lee and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-31 with Law categories.
Sovereignty is the vital organizing principle of modern international law. This book examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics. The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law.
The International Law Of Occupation
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Author : Eyal Benvenisti
language : en
Publisher: OUP Oxford
Release Date : 2012-02-23
The International Law Of Occupation written by Eyal Benvenisti and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-23 with Law categories.
The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.
The Right Of Conquest
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Author : Sharon Korman
language : en
Publisher: Clarendon Press
Release Date : 1996-10-31
The Right Of Conquest written by Sharon Korman and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-10-31 with Political Science categories.
This is an enquiry into the place of the right of conquest in international relations since the early sixteenth century, and the causes and consequences of its demise in the twentieth century. It was a recognized principle of international law until the early years of this century that a state that emerges victorious in a war is entitled to claim sovereignty over territory which it has taken possession. Sharon Korman shows how the First World War - which led to the rise of self-determination and to calls for the prohibition of way - prompted the reconstruction of international law and the consequent abolition of the title by conquest. Her conclusion, which highlights the merits and defects of the modern law as a vehicle for discouraging war by denying the title to the conqueror, challenges many of the assumptions that have come to constitute part of the conventional wisdom of our times. This is a study, not of international law narrowly conceived, but of the place of a changing legal principle in international history and the contemporary world.
The Law Of Nations Considered As Independent Political Communities On The Rights And Duties Of Nations In Time Of Peace
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Author : Travers Twiss
language : en
Publisher:
Release Date : 1861
The Law Of Nations Considered As Independent Political Communities On The Rights And Duties Of Nations In Time Of Peace written by Travers Twiss and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1861 with International law categories.
International Law And New Wars
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Author : Christine Chinkin
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-27
International Law And New Wars written by Christine Chinkin and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-27 with History categories.
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Law Power And The Sovereign State
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Author : Michael Ross Fowler
language : en
Publisher: Penn State Press
Release Date : 2010-11-01
Law Power And The Sovereign State written by Michael Ross Fowler and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-01 with Political Science categories.
In the wake of the collapse of the Soviet bloc, it is timely to ask what continuing role, if any, the concept of sovereignty can and should play in the emerging &"new world order.&" The aim of Law, Power, and the Sovereign State is both to counter the argument that the end of the sovereign state is close at hand and to bring scholarship on sovereignty into the post-Cold War era. The study assesses sovereignty as status and as power and examines the issue of what precisely constitutes a sovereign state. In determining how a political entity gains sovereignty, the authors introduce the requirements of de facto independence and de jure independence and explore the ambiguities inherent in each. They also examine the political process by which the international community formally confers sovereign status. Fowler and Bunck trace the continuing tension of the &"chunk and basket&" theories of sovereignty through the history of international sovereignty disputes and conclude by considering the usefulness of sovereignty as a concept in the future study and conduct of international affairs. They find that, despite frequent predictions of its imminent demise, the concept of sovereignty is alive and well as the twentieth century draws to a close.
Human Rights Intervention And The Use Of Force
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Author : Philip Alston
language : en
Publisher: OUP Oxford
Release Date : 2008-09-11
Human Rights Intervention And The Use Of Force written by Philip Alston and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-11 with Political Science categories.
The imperatives of sovereignty, human rights and national security very often pull in different directions, yet the relations between these three different notions are considerably more subtle than those of simple opposition. Rather, their interaction may at times be contradictory, at others tense, and at others even complementary. This collection presents an analysis of the irreducible dilemmas posed by the foundational challenges of sovereignty, human rights and security, not merely in terms of the formal doctrine of their disciplines, but also of the manner in which they can be configured in order to achieve persuasive legitimacy as to both methods and results. The chapters in this volume represent an attempt to face up to these dilemmas in all of their complexity, and to suggest ways in which they can be confronted productively both in the abstract and in the concrete circumstances of particular cases.
The Limits Of Sovereignty
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Author : Daniel W. Hamilton
language : en
Publisher: ReadHowYouWant.com
Release Date : 2010-10-21
The Limits Of Sovereignty written by Daniel W. Hamilton and has been published by ReadHowYouWant.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-21 with Law categories.
Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thoug...
The Rights Of War And Peace
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Author : Richard Tuck
language : en
Publisher: OUP Oxford
Release Date : 2001-09-06
The Rights Of War And Peace written by Richard Tuck and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-09-06 with Political Science categories.
The Rights of War and Peace is the first fully historical account of the formative period of modern theories of international law. It sets the scene with an extensive history of the theory of international relations from antiquity down to the seventeenth century. Professor Tuck then examines the arguments over the moral basis for war and international aggression, and links the debates to the writings of the great political theorists such as Hobbes, Locke, Rousseau, and Kant. This is not only an account of international law: as Professor Tuck shows, ideas about inter-state relations were central to the formation of modern liberal political theory, for the best example the kind of agent which liberalism presupposes was provided by the modern state. As a result the book illuminates the presuppositions behind much current political theory, and puts into a new perspective the connection between liberalism and imperialism.
Sovereignty The Responsibility To Protect
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Author : Luke Glanville
language : en
Publisher: University of Chicago Press
Release Date : 2013-12-20
Sovereignty The Responsibility To Protect written by Luke Glanville and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-20 with Political Science categories.
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.