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After Sovereignty addresses the vexed question of sovereignty in contemporary social, political, and legal theory. The emergence, and now apparent implosion, of international capital exceeding the borders of known political entities, the continued expansion of a potentially endless 'War on Terror', the often predicted, but still uncertain, establishment of either a new international American Empire or a new era of International Law, the proliferation of social and political struggles among stateless refugees, migrant workers, and partial citizens, the resurgence of religion as a dominant source of political identification among people all over the globe – these developments and others have thrown into crisis the modern concept of sovereignty, and the notions of statehood and citizenship that rest upon it. Drawing on classical sources and more contemporary speculations, and developing a range of arguments concerning the possibility of political beginnings in the current moment, the papers collected in After Sovereignty contribute to a renewed interest in the problem of sovereignty in theoretical and political debate. They also provide a multitude of resources for the urgent, if necessarily fractured and diffuse, effort to reconfigure sovereignty today. Whilst it has regularly been suggested that the sovereignty of the nation-state is in crisis, the exact reasons for, and exact implications of, this crisis have rarely been so intensively examined.
Inspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d’Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure it is nowhere found within international legal discourse.
This powerful narrative traces the social, cultural, and political history of the Cherokee Nation during the forty-year period after its members were forcibly removed from the southern Appalachians and resettled in what is now Oklahoma. In this master work, completed just before his death, William McLoughlin not only explains how the Cherokees rebuilt their lives and society, but also recounts their fight to govern themselves as a separate nation within the borders of the United States. Long regarded by whites as one of the 'civilized' tribes, the Cherokees had their own constitution (modeled after that of the United States), elected officials, and legal system. Once re-settled, they attempted to reestablish these institutions and continued their long struggle for self-government under their own laws--an idea that met with bitter opposition from frontier politicians, settlers, ranchers, and business leaders. After an extremely divisive fight within their own nation during the Civil War, Cherokees faced internal political conflicts as well as the destructive impact of an influx of new settlers and the expansion of the railroad. McLoughlin brings the story up to 1880, when the nation's fight for the right to govern itself ended in defeat at the hands of Congress.
Borders are changing in response to terrorism and immigration. This book shows why this matters, especially for sovereignty, individual liberty, and citizenship.
With considerable insight and analysis, the editors and contributors to the book--the world's leading ethicists, political scientists and international lawyers--investigate the use of force since the end of the Cold War and, simultaneously, what changes have or should occur with respect to sovereignty and the law in the 21st century. Redefining Sovereignty has resulted from three groundbreaking workshops on international law and the use of force: the first was held in Rome soon after NATO's 1999 intervention in Kosovo; the second took place in Frankfurt after the U.S.-led invasion of Afghanistan; and the third occurred in Columbus, Ohio after the U.S.-led invasion of Iraq. Together, these and other uses of armed force since the end of the Cold War have raised new and challenging questions for the international law and policy on the regulation of armed conflict. These questions are explored in the thoughtful text, including: With the end of superpower rivalry have these uses of force had a particular impact on the state system? Have they, for example, affected the concept of state sovereignty? Have they affected the legal regime on the use of force? By the time of the Iraq invasion in March 2003, had some uses of force long-considered prohibited by the principle of non-intervention become lawful? Did the use of force to protect human rights, to respond to terrorism, for arms control or to preempt future threats become lawful or if not lawful, somehow otherwise legitimate? Published under the Transnational Publishers imprint.
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.
The political make-up of the contemporary world changes with such rapidity that few attempts have been made to consider with adequate care, the nature and value of the concept of sovereignty. What exactly is meant when one speaks about the acquisition, preservation, infringement or loss of sovereignty? This book revisits the assumptions underlying the applications of this fundamental category, as well as studying the political discourses in which it has been embedded. Bringing together historians, constitutional lawyers, political philosophers and experts in international relations, Sovereignty in Fragments seeks to dispel the illusion that there is a unitary concept of sovereignty of which one could offer a clear definition. This book will appeal to scholars and advanced students of international relations, international law and the history of political thought.
Ten essays analyzing the history and effects of the Paris Peace Conference following World War I. The settlement of Versailles was more than a failed peace. What was debated at the Paris Peace Conference of 1919–1920 hugely influenced how nations and empires, sovereignty, and the international order were understood after the Great War?and into the present. Beyond Versailles argues thatthis transformation of ideas was not the work of the treaty makers alone, but emerged in interaction with nationalist groups, anti-colonial movements, and regional elites who took up the rhetoric of Paris and made it their own. In shifting the spotlight from the palace of Versailles to the peripheries of Europe, Beyond Versailles turns to the treaties’ resonance on the ground and shows why the principles of the peace settlement meant different things in different locales. It was in places a long way from Paris?in Polish borderlands and in Portuguese colonies, in contested spaces like Silesia, Teschen, and Danzig, and in states emerging from imperial collapse like Austria, Egypt, and Iran?that notions of nation and sovereignty, legitimacy, and citizenship were negotiated and contested. “This is an excellent collected volume, well-conceived and very well written. . . . This is not at all a top-down history of the diffusion of ideas about national self-determination. Rather, it is an examination of the ways in which these ideas were taken up, re-fashioned, and reasserted at many levels to serve local and regional agendas, while at the same time influencing international debates about the meanings and possible implementations of self-determination.” —Pieter M. Judson, author of The Habsburg Empire: A New History
In December 1991, the Soviet Union passed into history as a legal entity, breaking apart into15 successor states. This clear and convincing book explains why. Walker argues against much of the conventional wisdom and scholarly literature on the breakup, which emphasizes what he calls the 'demand side' of the problem, or the role of nationalist mobilization and the rise of separatist aspirations in the USSR's union republics. He points out that support for dissolution was limited to a handful of republics that included only a small portion of the Soviet population. Instead, the author highlights the critical role played by the USSR's ethno-federal system, as well as the normative claims and legitimizing myths of Soviet nationality policy. These institutions and myths empowered the anti-union opposition even in those union republics where they had limited support, and they help account for the highly ineffective strategy that Gorbachev adopted to overcome the USSR's 'nationality crisis.' Walker also shows how confusion over the meaning of some of the key terms of Soviet political discourse during perestroika-particularly 'sovereignty' but also 'union, ' 'federation, ' 'confederation, ' and 'independence'-contributed to a 'fog of war' that helped bring about the full disintegration of the USSR, an outcome that surprisingly few desir
The politics of legitimacy is central to international relations. When states perceive an international organization as legitimate, they defer to it, associate themselves with it, and invoke its symbols. Examining the United Nations Security Council, Ian Hurd demonstrates how legitimacy is created, used, and contested in international relations. The Council's authority depends on its legitimacy, and therefore its legitimation and delegitimation are of the highest importance to states. Through an examination of the politics of the Security Council, including the Iraq invasion and the negotiating history of the United Nations Charter, Hurd shows that when states use the Council's legitimacy for their own purposes, they reaffirm its stature and find themselves contributing to its authority. Case studies of the Libyan sanctions, peacekeeping efforts, and the symbolic politics of the Council demonstrate how the legitimacy of the Council shapes world politics and how legitimated authority can be transferred from states to international organizations. With authority shared between states and other institutions, the interstate system is not a realm of anarchy. Sovereignty is distributed among institutions that have power because they are perceived as legitimate. This book's innovative approach to international organizations and international relations theory lends new insight into interactions between sovereign states and the United Nations, and between legitimacy and the exercise of power in international relations.