The concept of sovereignty is central to international relations theory and theories of state formation, and provides the foundation of the conventional separation of modern politics into domestic and international spheres. In this book Jens Bartelson provides a critical analysis and conceptual history of sovereignty, dealing with this separation as reflected in philosophical and political texts during three periods: the Renaissance, the Classical Age, and Modernity. He argues that the concept of sovereignty and its place within political discourse are conditioned by philosophical and historiographical discontinuities between the periods, and that sovereignty should be regarded as a concept contingent upon, rather than fundamental to, political science and its history.

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.

Public law scholarship in the UK is fracturing. Based on the perception that feminist scholarship can provide public lawyers with the critical tools and insights, this collection begins a dialogue between public law and feminism by offering a range of perspectives on contemporary public law themes and topics.

In order to develop a suitable framework for the analysis of the European Court of Justice (ECJ) case law, it is first analysed what significance, if any, the concept of 'sovereignty' has in the contemporary supranational environment of the European Union. All too often, tax scholars equate 'sovereignty' with the concepts of 'competence' or 'jurisdiction'. It will be established in this thesis that a much more specific and higher-level meaning is to be attributed to the 'sovereignty' concept, which goes beyond the strictly legal concepts of 'competence' or 'jurisdiction'. The cornerstone of this thesis, however, is an extensive analysis of the case law of the ECJ in direct tax matters, including a comparison with its non-tax case law. A new kind of methodology is used in discussing the cases: they are categorized according to whether a discrimination - or a restriction - based analysis was applied by the ECJ.

This is the first book to connect two important subfields in international relations: global environmental politics and the study of sovereignty--the state's exclusive authority within its territorial boundaries. The authors argue that the relationship between environmental practices and sovereignty is by no means straightforward and in fact elucidates some of the core issues and challenges in world politics today.Although a number of international relations scholars have assumed that transnational environmental organizations and institutions are eroding sovereignty, this book makes the case that ecological integrity and state sovereignty are not necessarily in opposition. It shows that the norms of sovereignty are now shifting in the face of attempts to cope with ecological destruction, but that this "greening" of sovereignty is an uneven, variegated, and highly contested process. By establishing that sovereignty is a socially constructed institution that varies according to time and place, with multiple meanings and changing practices, The Greening of Sovereignty in World Politics illuminates the complexity of the relationship between sovereignty and environmental matters and casts both in a new light.Contributors : Daniel Deudney, Margaret Scully Granzeier, Joseph Henri Jupille, Sheldon Kamieniecki, Thom Kuehls, Ronnie D. Lipschutz, Karen T. Litfin, Marian A. L. Miller, Ronald B. Mitchell, Paul Wapner, Veronica Ward, Franke Wilmer.

The notion of sovereignty plays an important part in various areas of law, such as constitutional law and international public law. Though the concept of sovereignty as applied in constitutional law differs from that used in international public law, there is no true consensus on the meaning of “sovereignty” within these respective fields, either. Is sovereignty about factual power, or only about legal equality? Do only democracies have sovereignty, because they have legitimacy, or is there no (necessary) connection between democracy, legitimacy and sovereignty? Has the European Union encroached upon the sovereignty of the Member States, or is transferring competences to the European Union an expression and exercise of the very sovereignty some claim is under attack? Is it about states, or is it about peoples having a right to self-determination, and if the latter, does this represent popular sovereignty or something else? In order to answer these and related questions, we need a clear grasp of what “sovereignty” means. This book provides an analytical and conceptual framework for “sovereignty” in the context of law. The book does not seek to describe how the term “sovereignty” is used in the different contexts and discourses in which it is employed, but rather distinguishes between two possible meanings of sovereignty that allow the reader to use the term with specificity and clarity. In this way, this book hopes to offer valuable analytical tools for politicians, constitutional and international lawyers (both practitioners and academics) and legal theorists that help them be clear about what they mean when they speak of “sovereignty.”

* This book offers a multidisciplinary approach to the study of the concept of sovereignty. * This book outlines the origins, context and evolution of the concept of sovereignty as an essential attribute of the modern territorial State since the Peace of Westphalia in 1648. * The book identifies two competing traditions of the concept of sovereignty; the tradition inaugurated by Jean Bodin in 1576 in his work "The Six Books of the Commonwealth" and another that started with Johannes Althusius in 1603, considered the 'father' of federal theory, in his less known work "Politica". * In order to understand the concept of sovereignty, it is necessary to understand the 'constitutional rules' of each international system and the fact that the States are the primary polities in the international arena. * The rise of International Organizations and the increasing 'institutionalization' of the international system challenges this state-centric world, considering their exercise of sovereign powers. * Following authors such as Daniel Elazar, the book discusses the importance of federalism as political theory, which offers a different understanding of the concept of sovereignty. * The book discusses the European Union as a paradigmatic case of a 'postmodern confederation', which challenges the notion of sovereignty as an absolute and exclusive statehood attribute. * Furthermore, the reconceptualization of sovereignty in International Law should consider the rise of regional and functional legal orders, the different understandings of sovereignty offered by the federalist tradition and the processes of 'deterritorialization' and disaggregation of authority. * The book concludes with the idea that concept of sovereignty in International Law should be seen as a flexible concept which is not an exclusive attribute of the modern territorial state. This book is required reading for all interested in the history and the evolution of the concept of sovereignty.

The State of Sovereignty examines how it came to pass that the nation-state became the prevailing form of governance in the world today. Spanning the 19th and 20th centuries and addressing colonization and decolonization around the globe, these essays argue that sovereignty is a set of historically contingent practices, and not something that accrues naturally to states. The contributors explore the different ways in which sovereign political forms have been defined and have defined themselves, placing recent debates about nations and national identity within a broader history of sovereignty, territory, and legality.

The book deeply analyses the bilateral relations between Switzerland and the European Union and their effect on the former's sovereignty in the context of Europeanisation. This touches on philosophical debates on the complexity of sovereignty. What sovereignty is at stake when talking about Swiss-EU relations? This issue not only faces the elusiveness of sovereignty as a concept, but also the proliferation of hypocrisy on its presence within states. The book encounters the deconstructionist hypothesis stating that there is nothing to worry about but the belief there is something to worry about. Derrida’s deconstruction of sovereignty allows indeed one to grasp the fictional essence of sovereignty based on the metaphysics of presence. The presence of self-positing sovereign ipseity is fictional since absent in the present, but spectrally present in the belief of its presence to come. Sovereignty is a matter of credibility, or the credible promise of a normative statement to come. Hence, the book challenges the realist/neorealist argument stating that states are credibly sovereign until proven otherwise and explains that the debate on state sovereignty calls for the unveiling of this hypocritical epistemology cunningly disguised as an objective presence. Swiss-EU relations thus become the cornerstone to not only theorise but also test sovereignty and deconstruct the two ontological and epistemological sides of the same coin, or the modern hypocrisy of sovereignty. This deconstruction constitutes the very problématique of any attempt to understand whether and how a state can be sovereign and solve the problem as to how to neutralise the différance and identify the difference between credible and incredible claims of sovereignty. This problématique connects the theory and practice of sovereignty innovatively, providing positivist evidence on the arguable credibility of the Swiss claim of sovereignty and confirming the presence of a theological dimension within politics.

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.