Structuring Sovereignty
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Structuring Sovereignty
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Author : Melissa L. Tatum
language : en
Publisher: UCLA American Indian Studies Center
Release Date : 2014
Structuring Sovereignty written by Melissa L. Tatum and has been published by UCLA American Indian Studies Center this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Constitutional law categories.
"Drafting and adopting a constitution is a collective journey of self-discovery and reflection for any nation, Indigenous or non-Indigenous. This book is a guide for communities engaged in the process of drafting a constitution and for students who are studying that process. It draws on research, firsthand experience with constitution writing and constitutional change, and numerous examples from actual governing documents to demonstrate the many ways that Indigenous nations can structure their sovereignty"--UCLA American Indian Studies Center Publications website.
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.
Structuring And Restructuring Sovereign Debt
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Author : Mr.Patrick Bolton
language : en
Publisher: International Monetary Fund
Release Date : 2007-08-01
Structuring And Restructuring Sovereign Debt written by Mr.Patrick Bolton and has been published by International Monetary Fund this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-01 with Business & Economics categories.
In an environment characterized by weak contractual enforcement, sovereign lenders can enhance the likelihood of repayment by making their claims more difficult to restructure ex post. We show however, that competition for repayment among lenders may result in a sovereign debt that is excessively difficult to restructure in equilibrium. This inefficiency may be alleviated by a suitably designed bankruptcy regime that facilitates debt restructuring.
Sovereignty And Its Discontents
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Author : William Rasch
language : en
Publisher: Taylor & Francis
Release Date : 2012-09-10
Sovereignty And Its Discontents written by William Rasch and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-10 with Law categories.
This book argues for the centrality of conflict in any notion of the political. In contrast to many of the attempts to re-think the political in the wake of the collapse of traditional leftist projects, it also argues for the logical and/or ontological primacy of violence over 'peace'. The notion of the political expounded here is explicitly 'realist' and anti-utopian - in large part because the author finds the consequences of attempting to think 'the good life' to be far more damaging than thinking 'the tolerable life'. The political is not thought of as a means to implement the good life; rather, the political exists because the good life does not. Indeed, if one sees 'globalization', with its emphasis on efficiency and economy, as a threat to the autonomy of the political, then one ought to be wary of political ideologies that reduce the political to species of moral or legal discourse. As laudable as the aims of human rights activists or political theorists like Rawls and Habermas may be, the consequences of their thought and actions further reduce the scope and possibility of political activity by, in effect, criminalizing political opposition. Once 'universal' norms are instantiated, political opposition becomes impossible. A fully legalized, moralized, and pacified universe is a thoroughly depoliticized one as well. Academics and advanced students researching and working in the areas of political theory, legal theory and international relations will find this book of great interest.
Land And Development In Indonesia
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Author : John F. McCarthy
language : en
Publisher: ISEAS-Yusof Ishak Institute
Release Date : 2016-05-18
Land And Development In Indonesia written by John F. McCarthy and has been published by ISEAS-Yusof Ishak Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-18 with Social Science categories.
Indonesia was founded on the ideal of the “Sovereignty of the People”, which suggests the pre-eminence of people’s rights to access, use and control land to support their livelihoods. Yet, many questions remain unresolved. How can the state ensure access to land for agriculture and housing while also supporting land acquisition for investment in industry and infrastructure? What is to be done about indigenous rights? Do registration and titling provide solutions? Is the land reform agenda — legislated but never implemented — still relevant? How should the land questions affecting Indonesia’s disappearing forests be resolved? The contributors to this volume assess progress on these issues through case studies from across the archipelago: from large-scale land acquisitions in Papua, to asset ownership in the villages of Sulawesi and Java, to tenure conflicts associated with the oil palm and mining booms in Kalimantan, Sulawesi and Sumatra. What are the prospects for the “people’s sovereignty” in regard to land?
Reclaiming Sovereignty
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Author : Laura Brace
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-10-06
Reclaiming Sovereignty written by Laura Brace and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-06 with Political Science categories.
Sovereignty is undoubtedly one of the most disputed and controversial concepts in politics today. What does it mean to say that a state, a people or an individual is sovereign? In this book, twelve contributors, all specialists in their own area, tackle these questions in different ways. Underlying the range and diversity of their responses is a common problem: how does sovereignty relate to society and the state? The first part focuses upon developments in British politics, the European Union, Northern Ireland and South Africa in the late 20th century. The second part explores state sovereignty from an international perspective, while the third looks towards detaching sovereignty from the state. Feminist arguments about the self and the exploitation of prostituted women are interrogated along with a democratic analysis of popular organizations and a novel assessment of the question of sovereignty and animal rights.
Unravelling Sovereignty
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Author : Israel de Jesús Butler
language : en
Publisher:
Release Date : 2007
Unravelling Sovereignty written by Israel de Jesús Butler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Droits de l'homme (Droit international) categories.
It is traditionally accepted that international law is structured around the concept of sovereignty. Sovereignty acts as the point of reference to determine the nature of legal personality, the capacity to create international law, and the location of authority over territory. This book questions the continued relevance of sovereignty to these issues through examining the activities of non-state actors. At a time when many commentators are examining the role of non-state actors in terms of their obligations to guarantee human rights, this book focuses on their functions as promoters and protectors. In particular it examines how human rights standards are supervised by inter-governmental organisations, and how non-governmental organisations have played an instrumental role in the creation of human rights treaties. The book engages with the theoretical dimension of human rights law in a novel way by examining the nature and impact of human rights actors - rather than human rights law itself - on sovereignty. Rather than a strict sovereignty-centred positivist approach to international law it uses international relations literature as an aid to the analysis of non-state practice and proposes a fresh understanding of international law.
The Sovereign State And Its Competitors
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Author : Hendrik Spruyt
language : en
Publisher: Princeton University Press
Release Date : 2020-05-05
The Sovereign State And Its Competitors written by Hendrik Spruyt 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 2020-05-05 with Political Science categories.
The present international system, composed for the most part of sovereign, territorial states, is often viewed as the inevitable outcome of historical development. Hendrik Spruyt argues that there was nothing inevitable about the rise of the state system, however. Examining the competing institutions that arose during the decline of feudalism--among them urban leagues, independent communes, city states, and sovereign monarchies--Spruyt disposes of the familiar claim that the superior size and war-making ability of the sovereign nation-state made it the natural successor to the feudal system. The author argues that feudalism did not give way to any single successor institution in simple linear fashion. Instead, individuals created a variety of institutional forms, such as the sovereign, territorial state in France, the Hanseatic League, and the Italian city-states, in reaction to a dramatic change in the medieval economic environment. Only in a subsequent selective phase of institutional evolution did sovereign, territorial authority prove to have significant institutional advantages over its rivals. Sovereign authority proved to be more successful in organizing domestic society and structuring external affairs. Spruyt's interdisciplinary approach not only has important implications for change in the state system in our time, but also presents a novel analysis of the general dynamics of institutional change.
Structure Of International Society
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Author : Geoffrey Stern
language : en
Publisher: A&C Black
Release Date : 2000-02-01
Structure Of International Society written by Geoffrey Stern and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-02-01 with Political Science categories.
This second edition of this textbook places in context key world events since 1945. While not neglecting the significant developments of the last 50 years, this book has a broad historical and conceptual range. It provides students with a historical analysis of the origins, development and early networks of IR, and an exposition of the diverse ways in which modern "international society" has been defined and interpreted. Tackling a range on international concerns, Geoffrey Stern explores and clarifies such concepts as sovereignty, the balance of power, national interest and interdependence, illustrating his text with reference to both historical and contemporary world events.
Structuring And Restructuring Sovereign Debt
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Author : Patrick Bolton
language : en
Publisher: International Monetary Fund
Release Date : 2005
Structuring And Restructuring Sovereign Debt written by Patrick Bolton and has been published by International Monetary Fund this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Debt relief categories.
In an environment characterized by weak contractual enforcement, sovereign lenders can enhance the likelihood of repayment by making their claims more difficult to restructure. We show within a simple model how competition for repayment between lenders may result in sovereign debt that is excessively difficult to restructure in equilibrium. Alleviating this inefficiency requires a sovereign debt restructuring mechanism that fulfills some of the functions of corporate bankruptcy regimes, in particular the enforcement of seniority and subordination clauses in debt contracts.