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Author: Carmen E. Pavel
Publisher: Oxford University Press, USA
ISBN: 0199376344
Category : Law
Languages : en
Pages : 241
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Book Description
Divided Sovereignty explores new institutional solutions to the old question of how to constrain states when they commit severe abuses against their own citizens. The book argues that coercive international institutions can stop these abuses and act as an insurance scheme against the possibility of states failing to fulfill their most basic sovereign responsibilities. It thus challenges the long standing assumption that collective grants of authority from the citizens of a state should be made exclusively for institutions within the borders of that state. Despite worries that international institutions such as the International Criminal Court could undermine domestic democratic control, citizens can divide sovereign authority between state and international institutions consistent with their right of democratic self-governance. States are imperfect, incomplete political forms. They presuppose a monopoly of coercive power and final jurisdictional authority over their territory. These twin elements of sovereignty and authority can be used by state leaders and political representatives in ways that stray significantly from the interests of citizens. In the most extreme cases, when citizens become inconvenient obstacles in the pursuit of the self-serving ambitions of their leaders, state power turns against them. Genocide, torture, displacement, and rape are often the means of choice by which the inconvenient are made to suffer or vanish. The book defends universal, principled limits on state authority based on jus cogens norms, a special category of norms in international law that prohibit violations of basic human rights. Against skeptics, it argues that many of the challenges of building an additional layer of institutions can be met if we pay attention to the conditions of institutional success, which require (1) experimentation with different institutional forms, (2) limitations on the scope of authority for coercive international institutions through clear, narrow, well defined mandates, and (3) understanding the limits of existing knowledge on institutional design, which should make us suspicious of proposals for grand institutional schemes, such as global democracy.
Author: Carmen E. Pavel
Publisher: Oxford University Press, USA
ISBN: 0199376344
Category : Law
Languages : en
Pages : 241
Get Book
Book Description
Divided Sovereignty explores new institutional solutions to the old question of how to constrain states when they commit severe abuses against their own citizens. The book argues that coercive international institutions can stop these abuses and act as an insurance scheme against the possibility of states failing to fulfill their most basic sovereign responsibilities. It thus challenges the long standing assumption that collective grants of authority from the citizens of a state should be made exclusively for institutions within the borders of that state. Despite worries that international institutions such as the International Criminal Court could undermine domestic democratic control, citizens can divide sovereign authority between state and international institutions consistent with their right of democratic self-governance. States are imperfect, incomplete political forms. They presuppose a monopoly of coercive power and final jurisdictional authority over their territory. These twin elements of sovereignty and authority can be used by state leaders and political representatives in ways that stray significantly from the interests of citizens. In the most extreme cases, when citizens become inconvenient obstacles in the pursuit of the self-serving ambitions of their leaders, state power turns against them. Genocide, torture, displacement, and rape are often the means of choice by which the inconvenient are made to suffer or vanish. The book defends universal, principled limits on state authority based on jus cogens norms, a special category of norms in international law that prohibit violations of basic human rights. Against skeptics, it argues that many of the challenges of building an additional layer of institutions can be met if we pay attention to the conditions of institutional success, which require (1) experimentation with different institutional forms, (2) limitations on the scope of authority for coercive international institutions through clear, narrow, well defined mandates, and (3) understanding the limits of existing knowledge on institutional design, which should make us suspicious of proposals for grand institutional schemes, such as global democracy.
Author: Rochelle Raineri Zuck
Publisher: University of Georgia Press
ISBN: 082034964X
Category : Literary Criticism
Languages : en
Pages : 304
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Book Description
In eighteenth- and nineteenth-century debates about the constructions of American nationhood and national citizenship, the frequently invoked concept of divided sovereignty signified the division of power between state and federal authorities and/or the possibility of one nation residing within the geopolitical boundaries of another. Political and social realities of the nineteenth century—such as immigration, slavery, westward expansion, Indigenous treaties, and financial panics—amplified anxieties about threats to national/state sovereignty. Rochelle Raineri Zuck argues that, in the decades between the ratification of the Constitution and the publication of Sutton Griggs’s novel Imperium in Imperio in 1899, four populations were most often referred to as racial and ethnic nations within the nation: the Cherokees, African Americans, Irish Americans, and Chinese immigrants. Writers and orators from these groups engaged the concept of divided sovereignty to assert alternative visions of sovereignty and collective allegiance (not just ethnic or racial identity), to gain political traction, and to complicate existing formations of nationhood and citizenship. Their stories intersected with issues that dominated nineteenth-century public argument and contributed to the Civil War. In five chapters focused on these groups, Zuck reveals how constructions of sovereignty shed light on a host of concerns including regional and sectional tensions; territorial expansion and jurisdiction; economic uncertainty; racial, ethnic, and religious differences; international relations; immigration; and arguments about personhood, citizenship, and nationhood.
Author: Christina Leza
Publisher: University of Arizona Press
ISBN: 0816540551
Category : Social Science
Languages : en
Pages : 241
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Book Description
The border region of the Sonoran Desert, which spans southern Arizona in the United States and northern Sonora, Mexico, has attracted national and international attention. But what is less discussed in national discourses is the impact of current border policies on the Native peoples of the region. There are twenty-six tribal nations recognized by the U.S. federal government in the southern border region and approximately eight groups of Indigenous peoples in the United States with historical ties to Mexico—the Yaqui, the O’odham, the Cocopah, the Kumeyaay, the Pai, the Apaches, the Tiwa (Tigua), and the Kickapoo. Divided Peoples addresses the impact border policies have on traditional lands and the peoples who live there—whether environmental degradation, border patrol harassment, or the disruption of traditional ceremonies. Anthropologist Christina Leza shows how such policies affect the traditional cultural survival of Indigenous peoples along the border. The author examines local interpretations and uses of international rights tools by Native activists, counterdiscourse on the U.S.-Mexico border, and challenges faced by Indigenous border activists when communicating their issues to a broader public. Through ethnographic research with grassroots Indigenous activists in the region, the author reveals several layers of division—the division of Indigenous peoples by the physical U.S.-Mexico border, the divisions that exist between Indigenous perspectives and mainstream U.S. perspectives regarding the border, and the traditionalist/nontraditionalist split among Indigenous nations within the United States. Divided Peoples asks us to consider the possibilities for challenging settler colonialism both in sociopolitical movements and in scholarship about Indigenous peoples and lands.
Author: Mary Dewhurst Lewis
Publisher: Univ of California Press
ISBN: 0520957148
Category : History
Languages : en
Pages : 321
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Book Description
After invading Tunisia in 1881, the French installed a protectorate in which they shared power with the Tunisian ruling dynasty and, due to the dynasty’s treaties with other European powers, with some of their imperial rivals. This "indirect" form of colonization was intended to prevent the violent clashes marking France’s outright annexation of neighboring Algeria. But as Mary Dewhurst Lewis shows in Divided Rule, France’s method of governance in Tunisia actually created a whole new set of conflicts. In one of the most dynamic crossroads of the Mediterranean world, residents of Tunisia— whether Muslim, Jewish, or Christian—navigated through the competing power structures to further their civil rights and individual interests and often thwarted the aims of the French state in the process. Over time, these everyday challenges to colonial authority led France to institute reforms that slowly undermined Tunisian sovereignty and replaced it with a more heavy-handed form of rule—a move also intended to ward off France's European rivals, who still sought influence in Tunisia. In so doing, the French inadvertently encouraged a powerful backlash with major historical consequences, as Tunisians developed one of the earliest and most successful nationalist movements in the French empire. Based on archival research in four countries, Lewis uncovers important links between international power politics and everyday matters of rights, identity, and resistance to colonial authority, while re-interpreting the whole arc of French rule in Tunisia from the 1880s to the mid-20th century. Scholars, students, and anyone interested in the history of politics and rights in North Africa, or in the nature of imperialism more generally, will gain a deeper understanding of these issues from this sophisticated study of colonial Tunisia.
Author: Philemon Bliss
Publisher:
ISBN:
Category : Political science
Languages : en
Pages : 208
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Book Description
Author: Theresa McCarthy
Publisher: University of Arizona Press
ISBN: 0816532591
Category : Social Science
Languages : en
Pages : 433
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Book Description
7. Haudenosaunee/Ohswekenhró:non Interventions in Settler Colonialism -- Land -- Political Difference -- Knowing -- Epilogue: Hypervisible Settler Colonial Terrains and Remembering a Haudenosaunee Future -- Acknowledgments -- Notes -- Bibliography -- Index
Author: Jiří Přibáň
Publisher: Routledge
ISBN: 1317052080
Category : Law
Languages : en
Pages : 284
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Book Description
Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.
Author: Johan van der Walt
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110248034
Category : Law
Languages : en
Pages : 450
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Book Description
That the recent turn in European Constitutional Review has effectively brought about a revolution in European law has been observed before. At issue are two major developments in European judicial review. On the one hand, the European Court of Human Rights has been collapsing traditional boundaries between constitutional law and private law with a series of decisions that effectively recognized the "horizontal" effect of Convention rights in the private sphere. On the other hand, the European Court of Justice has also given horizontal effect to fundamental liberties embodied in the Treaty on the Function of the European Union in a number of recent cases in a way that puts "established" boundaries between Member State and Union competences in question. This book takes issue with these developments by bringing to the fore a key issue that the horizontality effect debate has hitherto largely overlooked, namely, the question of sovereignty. It shows with detailed references to especially the American debate on state action and the German debate onDrittwirkung that horizontal effect cannot be understood consistently without coming to grips with the conceptions of state sovereignty that inform different approaches to horizontal effect.
Author: R. Schur
Publisher: Springer
ISBN: 0230101720
Category : Literary Criticism
Languages : en
Pages : 257
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Book Description
This work examines the experiences of African Americans under the law and how African American culture has fostered a rich tradition of legal criticism. Moving between novels, music, and visual culture, the essays present race as a significant factor within legal discourse. Essays examine rights and sovereignty, violence and the law, and cultural ownership through the lens of African American culture. The volume argues that law must understand the effects of particular decisions and doctrines on African American life and culture and explores the ways in which African American cultural production has been largely centered on a critique of law.
Author: Dieter Grimm
Publisher: Columbia University Press
ISBN: 0231539304
Category : Philosophy
Languages : en
Pages : 186
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Book Description
Dieter Grimm's accessible introduction to the concept of sovereignty ties the evolution of the idea to historical events, from the religious conflicts of sixteenth-century Europe to today's trends in globalization and transnational institutions. Grimm wonders whether recent political changes have undermined notions of national sovereignty, comparing manifestations of the concept in different parts of the world. Geared for classroom use, the study maps various notions of sovereignty in relation to the people, the nation, the state, and the federation, distinguishing between internal and external types of sovereignty. Grimm's book will appeal to political theorists and cultural-studies scholars and to readers interested in the role of charisma, power, originality, and individuality in political rule.
