Sovereignty: The Battle for the Hearts and Minds of Men

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Recently, upholding the concept, by reference to the State or in general, has become a ground of major contention among international lawyers and theorists; while some argue that the concept of sovereignty, or at least of State sovereignty is obsolete and should be abandoned in favour of new concepts of supranational or transnational political organization through which the current sharing, limiting, and parcelling of authority can be better explained, others see new forms of political authority and integration beyond the State, such as the European Union (‘EU’) for instance, and their inherent limitations as a confirmation or at least a development of the concept of sovereignty or even of State sovereignty (see also European Union, Historical Evolution). This is most particularly the case of external sovereignty which, as presented before, cannot be regarded as ultimate or final; it is inherently limited since public international law and external sovereignty imply each other.

Sovereignty - De Gruyter Sovereignty - De Gruyter

Sovereignty qua authority or independence can only be understood by reference to the values that make for a good State, or more generally a good political entity. The 20 th century was characterized by the development of modern international law, timidly at first ( History of International Law, World War I to World War II) and more clearly from 1945 onwards ( History of International Law, since World War II). More recently, some authors have tried to dissociate legal and political sovereignty and re-associate legal to institutional sovereignty.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. This is particularly clear when one reads the first decisions of the Permanent Court of International Justice (PCIJ), and in particular the Lotus and Wimbledon judgments ( Lotus, The; Wimbledon, The). At the heart of Indigenous Peoples’ demands for change are the enduring aspirationsof self-determination over their institutions, resources, knowledge and information systems.

Sovereignty and Policy - 1st Edition - Maggie Indigenous Data Sovereignty and Policy - 1st Edition - Maggie

In those contexts, gradations of sovereignty have been suggested along the lines of bundles of sovereign rights. Through the constitution, the people constitutes itself as a distinct entity and sovereign while also transferring the exercise of its sovereignty to a constituted institutional sovereign. There are, however, no explicit guarantees of the principle of sovereignty in international conventional law itself.Finally, the sovereign is the source of law and is not submitted to its own laws ( legibus solutus), although it is of course limited by natural law and rules of divine origin (see also Natural Law and Justice). S. Foreign Policy (Princeton) and Structural Conflict: The Third World Against Global Liberalism, and is the editor of International Regimes. and arguably in the ICJ’s Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo (Advisory Opinion) (‘ Kosovo Advisory Opinion’; at paras 56 and 123), should not come as a surprise.

The Sovereign - 1st Edition - Stephen Eric Bronner

Secondly, Bodin’s sovereign authority cannot by definition be subject to any rule or restriction; sovereignty amounts to the absolute and perpetual power of the Republic. Both have been present at different times in the evolution of the concept of internal sovereignty and their tension underlies most of the concept’s history. The classic paradigm of sovereignty The emergence of modern sovereignty went hand in hand with claims to external independence and this concern may be retrieved, for instance, in Machiavelli, Bodin, or Hobbes’ writings.Please note that audiobooks and ebooks purchased from this site must be accessed on the Princeton University Press app.