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Concepts of State, Sovereignty and International Law

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Release : 1928
Genre : International law
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Concepts of State, Sovereignty and International Law by : Johannes Mattern

Download or read book Concepts of State, Sovereignty and International Law written by Johannes Mattern. This book was released on 1928. Available in PDF, EPUB and Kindle. Book excerpt:

Law, Power, and the Sovereign State

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Release : 2010-11-01
Genre : Political Science
Kind : eBook
Book Rating : 114/5 ( reviews)

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Book Synopsis Law, Power, and the Sovereign State by : Michael Ross Fowler

Download or read book Law, Power, and the Sovereign State written by Michael Ross Fowler. This book was released on 2010-11-01. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Sovereignty, Knowledge, Law

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Release : 2009-05-22
Genre : Law
Kind : eBook
Book Rating : 598/5 ( reviews)

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Book Synopsis Sovereignty, Knowledge, Law by : Panu Minkkinen

Download or read book Sovereignty, Knowledge, Law written by Panu Minkkinen. This book was released on 2009-05-22. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty, Knowledge, Law investigates the notion of sovereignty from three different, but related perspectives: as a legal question in relation to the sovereign state, as a political question in relation to sovereign power, and as a metaphysical question in relation to sovereign self-knowledge. The varied and interchangeable uses of legal sovereignty, political sovereignty and metaphysical sovereignty in contemporary debates have resulted in a situation where the word ‘sovereignty’ itself has become something of a non-concept. Panu Minkkinen shows here how these three perspectives have informed one another, by addressing their shared relationship to law, and to the ‘autocephalous’ function of sovereignty; that is, the attempt to provide a single source and foundation for law, power, and self-knowledge. Through an effort to domesticate the intrinsically ‘heterocephalous’ nature of power, the juridical and jurisprudential aim has been to confine power within the closed vertical hierarchy of traditional legal thinking. Sovereignty, Knowledge, Law thus elaborates this heterocephaly, proposing new understandings of sovereignty, as well as of law and of legal scholarship.

The Right of Sovereignty

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Release : 2021-08-31
Genre : Law
Kind : eBook
Book Rating : 044/5 ( reviews)

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Book Synopsis The Right of Sovereignty by : Daniel Lee

Download or read book The Right of Sovereignty written by Daniel Lee. This book was released on 2021-08-31. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Globalization and Sovereignty

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Release : 2012-08-02
Genre : Political Science
Kind : eBook
Book Rating : 263/5 ( reviews)

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Book Synopsis Globalization and Sovereignty by : Jean L. Cohen

Download or read book Globalization and Sovereignty written by Jean L. Cohen. This book was released on 2012-08-02. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

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