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Cooperative Sovereignty

Cooperative Sovereignty
Author: Franz Xaver Perrez
Publisher: BRILL
Total Pages: 416
Release: 2021-10-25
Genre: Law
ISBN: 9004478132

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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.


Reputation and International Cooperation

Reputation and International Cooperation
Author: Michael Tomz
Publisher: Princeton University Press
Total Pages: 328
Release: 2012-01-09
Genre: Political Science
ISBN: 1400842921

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How does cooperation emerge in a condition of international anarchy? Michael Tomz sheds new light on this fundamental question through a study of international debt across three centuries. Tomz develops a reputational theory of cooperation between sovereign governments and foreign investors. He explains how governments acquire reputations in the eyes of investors, and argues that concerns about reputation sustain international lending and repayment. Tomz's theory generates novel predictions about the dynamics of cooperation: how investors treat first-time borrowers, how access to credit evolves as debtors become more seasoned, and how countries ascend and descend the reputational ladder by acting contrary to investors' expectations. Tomz systematically tests his theory and the leading alternatives across three centuries of financial history. His remarkable data, gathered from archives in nine countries, cover all sovereign borrowers. He deftly combines statistical methods, case studies, and content analysis to scrutinize theories from as many angles as possible. Tomz finds strong support for his reputational theory while challenging prevailing views about sovereign debt. His pathbreaking study shows that, across the centuries, reputations have guided lending and repayment in consistent ways. Moreover, Tomz uncovers surprisingly little evidence of punitive enforcement strategies. Creditors have not compelled borrowers to repay by threatening military retaliation, imposing trade sanctions, or colluding to deprive defaulters of future loans. He concludes by highlighting the implications of his reputational logic for areas beyond sovereign debt, further advancing our understanding of the puzzle of cooperation under anarchy.


Taking a Common Concern Approach to Economic Inequality

Taking a Common Concern Approach to Economic Inequality
Author: Alexander D. Beyleveld
Publisher: BRILL
Total Pages: 267
Release: 2022-03-16
Genre: Law
ISBN: 900451175X

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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, RIP

Sovereignty, RIP
Author: Don Herzog
Publisher: Yale University Press
Total Pages: 316
Release: 2020-04-14
Genre: Political Science
ISBN: 0300252870

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Has the concept of sovereignty outlived its usefulness? Social order requires a sovereign: an actor with unlimited, undivided, and unaccountable authority. Or so the classic theory says. But without noticing, we’ve gutted the theory. Constitutionalism limits state authority. Federalism divides it. The rule of law holds it accountable. In vivid historical detail—with millions tortured and slaughtered in Europe, a king put on trial for his life, journalists groaning at idiotic complaints about the League of Nations, and much more—Don Herzog charts both the political struggles that forged sovereignty and the ones that undid it. He argues that it’s no longer a helpful guide to our legal and political problems, but a pernicious bit of confusion. It’s time, past time, to retire sovereignty.


Foreign Affairs Federalism

Foreign Affairs Federalism
Author: Michael J. Glennon
Publisher: Oxford University Press
Total Pages: 433
Release: 2016-04-15
Genre: Law
ISBN: 0199355908

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Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.


Sovereignty

Sovereignty
Author: Stephen D. Krasner
Publisher: Princeton University Press
Total Pages: 280
Release: 1999-08-02
Genre: Political Science
ISBN: 1400823269

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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.


State Making and Environmental Cooperation

State Making and Environmental Cooperation
Author: Erika Weinthal
Publisher: MIT Press
Total Pages: 294
Release: 2002
Genre: Business & Economics
ISBN: 9780262731461

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A study of the relationship between environmental cooperation and state building in post-Soviet Central Asia.


Political Survival and Sovereignty in International Relations

Political Survival and Sovereignty in International Relations
Author: Jesse Dillon Savage
Publisher: Cambridge University Press
Total Pages: 289
Release: 2020-03-12
Genre: Political Science
ISBN: 1108786677

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Why do political actors willingly give up sovereignty to another state, or choose to resist, sometimes to the point of violence? Jesse Dillon Savage demonstrates the role that domestic politics plays in the formation of international hierarchies, and shows that when there are high levels of rent-seeking and political competition within the subordinate state, elites within this state become more prepared to accept hierarchy. In such an environment, members of society at large are also more likely to support the surrender of sovereignty. Empirically rich, the book adopts a comparative historical approach with an emphasis on Russian attempts to establish hierarchy in post-Soviet space, particularly in Georgia and Ukraine. This emphasis on post-Soviet hierarchy is complemented by a cross-national statistical study of hierarchy in the post WWII era, and three historical case studies examining European informal empire in the nineteenth and early twentieth centuries.


Hierarchy in International Relations

Hierarchy in International Relations
Author: David A. Lake
Publisher: Cornell University Press
Total Pages: 247
Release: 2011-01-15
Genre: Political Science
ISBN: 0801458935

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International relations are generally understood as a realm of anarchy in which countries lack any superior authority and interact within a Hobbesian state of nature. In Hierarchy in International Relations, David A. Lake challenges this traditional view, demonstrating that states exercise authority over one another in international hierarchies that vary historically but are still pervasive today. Revisiting the concepts of authority and sovereignty, Lake offers a novel view of international relations in which states form social contracts that bind both dominant and subordinate members. The resulting hierarchies have significant effects on the foreign policies of states as well as patterns of international conflict and cooperation. Focusing largely on U.S.-led hierarchies in the contemporary world, Lake provides a compelling account of the origins, functions, and limits of political order in the modern international system. The book is a model of clarity in theory, research design, and the use of evidence. Motivated by concerns about the declining international legitimacy of the United States following the Iraq War, Hierarchy in International Relations offers a powerful analytic perspective that has important implications for understanding America's position in the world in the years ahead.


Sovereignty and the Stateless Nation

Sovereignty and the Stateless Nation
Author: Keith Azopardi
Publisher: Bloomsbury Publishing
Total Pages: 454
Release: 2009-10-06
Genre: Law
ISBN: 1847315429

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Gibraltar is an Overseas Territory of the UK within the EU, which has for three centuries been at the centre of a dispute between Britain and Spain, a dispute based on traditional perceptions of sovereignty. Hitherto the dispute has been managed in a predominantly bilateral way, but this has prevented the people of Gibraltar having an equal say on the issue of Gibraltar's sovereignty and decolonisation. It has produced a paradox of governance and constitutionalism that encases the Gibraltar people. This book considers the effects of sovereignty and the culture of bilateralism on the dispute, and examines the resulting deficits of governance and democracy. In assessing the evolution of the themes underlying the dispute it asks how its resolution might be facilitated by the application of ideas drawn from the modern legal context of late sovereignty, pluralism and stateless nationalism, suggesting that a productive trilateral approach and recognition of the legal and societal context could enable an enduring settlement. The author marries theories from international relations, constitutional law and public international law in the context of modern literature on sovereignty and nationalism, applying these theories to the case-study of Gibraltar with emphasis on constitutionalism in its international and EU context to produce a ground-breaking addition to the literature on stateless nationalism, late sovereignty and constitutional pluralism. As such it also complements recent studies of sub-state societies, regions or nations within Europe and elsewhere, including Catalunya, the Basque Country and Scotland and Wales, and in the broader Commonwealth context, other British overseas territories. This book will be of interest to lawyers, political scientists, constitutional historians and constitutionalists.