Cooperative Sovereignty

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.

Author: Franz Xaver Perrez

Publisher: BRILL

ISBN: 9004478132

Category: Law

Page:

View: 881


Cooperative Sovereignty From Independence to Interdependence in the Structure of International Environmental Law

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.

Author: Franz Perrez

Publisher: Springer

ISBN:

Category: Law

Page: 395

View: 603

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.

Police Cooperation and Sovereignty in the EU

Although the change would imply a shift of Norway's sovereign police monopoly, this was worth it, for two reasons in particular: the maintenance of the traditional Nordic cooperation relationships, and the efficient policing of the ...

Author: Synnøve Ugelvik

Publisher: Routledge

ISBN: 0429994664

Category: Law

Page: 286

View: 822

The State and the police are traditionally seen as closely connected phenomena. Today, however, rapid EU legal developments mean that European police forces are no longer tied to a specific national legal context or a specific territory in the way they used to be. Norway is not a member of the EU. Or is it? This book shows that although it lacks formal membership status, Norway has become part of almost all of the major EU police cooperation measures and agreements. Not only does this mean that foreign police forces may operate on Norwegian territory and vice versa, but in addition, a wide range of EU regulations and cooperation instruments are incorporated directly into Norwegian law. With the increased focus on international and transnational police cooperation in mind, what does it mean to be a sovereign state in Europe today? This book combines strong legal and theoretical analyses of a specific national system to show how this country is tied to and dependent on a wider international and supranational system of legal rules, technologies and concepts. This makes the book relevant not only for the Norwegian prosecution and police authorities, but also for readers outside Norway interested in exploring how and whether the police as a modern state function has changed through the implementation of international cross-border cooperation mechanisms.

Sovereignty and the Law

Terms such as 'shared sovereignty', 'mixed sovereignty', 'divided sovereignty', 'pooled sovereignty', or 'cooperative sovereignty' have recently become fashionable.15 Yet these are now being supplemented by much more exotic terms, ...

Author: Richard Rawlings

Publisher: OUP Oxford

ISBN: 0191509442

Category: Law

Page: 400

View: 924

The topic of sovereignty is contentious, and one of enduring interest. In a world of ever increasing economic globalisation, the rise of supranational regulation and the interconnected age of information and communication technology, among many other developments, have challenged the once exclusively held Westphalian model of sovereignty. The distinction between the internal aspect of sovereignty as expressed in terms of ultimate authority in a constitution, and the external aspect involving the relationship between sovereign states has been blurred. This has given rise to contemporary debates that explore the theoretical and practical implications of current challenges to established doctrines. Evidently no book could encompass the entirety of the contemporary debates on sovereignty. This is a book of essays focusing on sovereignty by a team of leading writers contributing domestic, European and international perspectives. The essays have been written at a time of very great testing of the institutional frameworks at every level: domestic, European, international or global. The book illuminates the enduring strength of sovereignty as a foundational concept and the continuing widespread appeal of sovereignty as an idea.

The Foundations of Sovereignty Works of Harold J Laski

... worthy of note that the poverty of local powers should be mainly connected with unified states like England and France and Belgium , where too little attempt has been made to create a coöperative sovereignty .

Author: Harold J. Laski

Publisher: Routledge

ISBN: 1317586832

Category: Political Science

Page: 336

View: 890

This influential study, originally published in 1921, develops aspects of Laski's theory of the state, ideas he introduced in his first important publication, Authority in the Modern State (1919). According to Laski, the state is not a supreme entity; it is one association among many that must compete for the people's loyalty and obedience.

International Tax Cooperation

This book explores the equally valid sovereign tax claims of source and of residence countries and highlights the incompatibility of these concurrent tax claims.

Author: Luzius U. Cavelti

Publisher: Stämpfli Verlag

ISBN: 3727259701

Category: Law

Page: 290

View: 471

Why is international cooperation on taxation so difficult to achieve? The problems in international taxation arise from a sovereignty conflict between the country in which the income originates (source country) and the country in which the recipient of the income resides (residence country). This book explores the equally valid sovereign tax claims of source and of residence countries and highlights the incompatibility of these concurrent tax claims. The resulting incoherence between source and residence countries distorts taxation of cross-border income to a point where it not only creates discriminations but challenges the fundamental principles of international taxation in itself. This is an essential dilemma of international tax policy. And yet, given the profound role the power to tax plays in exercising sovereignty, are governments able, or even willing, to eliminate this essential dilemma?

Taking a Common Concern Approach to Economic Inequality

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 ...

Author: Alexander D. Beyleveld

Publisher:

ISBN: 9789004511750

Category: Corporations

Page:

View: 163

"Wealth exists only for the benefit of mankind. It cannot be measured adequately in yards or in tons, nor as equivalent as so many ounces of gold; its true measure lies only in the contribution it makes to human well-being. Now, when bricks and sand and lime and wood are built up into a house, they constitute a greater aggregate of wealth than they did before; even though their aggregate volume is the same as before; and, if the house is overthrown by an earthquake, there is indeed no destruction of matter; but there is a real destruction of wealth, because the matter is distributed in a manner less conducive to human well-being. Similarly, when wealth is very unevenly distributed, some have more of it than they can turn to any very great account in promoting their own well-being; while many others lack the material conditions of a healthy, clean, vigorous and effective family life. That is to say the wealth is distributed in a manner less conducive to the well-being of mankind than it would be if the rich were somewhat less rich, and the poor were somewhat less poor; and real wealth would be greatly increased, even though there were no change in the aggregate of bricks and houses and clothes and other material things, if only it were possible to effect that change without danger to freedom and to social order"--

International Law and Drone Strikes in Pakistan

1 F. X. Perrez, Cooperative Sovereignty from Independence to Interdependence in the Structure of International Environment Law, Leiden: Brill, 2000, p. 13. 2 A. Bodley, “Weakening the Principle of Sovereignty in International Law: The ...

Author: Sikander Ahmed Shah

Publisher: Routledge

ISBN: 1134074271

Category: Law

Page: 247

View: 655

While conventional warfare has an established body of legal precedence, the legality of drone strikes by the United States in Pakistan and elsewhere remains ambiguous. This book explores the legal and political issues surrounding the use of drones in Pakistan. Drawing from international treaty law, customary international law, and statistical data on the impact of the strikes, Sikander Ahmed Shah asks whether drone strikes by the United States in Pakistan are in compliance with international humanitarian law. The book questions how international law views the giving of consent between States for military action, and explores what this means for the interaction between sovereignty and consent. The book goes on to look at the socio-political realities of drone strikes in Pakistan, scrutinizing the impact of drone strikes on both Pakistani politics and US-Pakistan relationships. Topics include the Pakistan army-government relationship, the evolution of international institutions as a result of drone strikes, and the geopolitical dynamics affecting the region. As a detailed and critical examination of the legal and political challenges presented by drone strikes, this book will be essential to scholars and students of the law of armed conflict, security studies, political science and international relations.

International Environmental Cooperation and The Global Sustainability Capital Framework

Though sovereignty concerns are perennial in IEC, the role played by sovereignty in international environmental negotiations is nevertheless undergoing change, in tandem with the growing realization of the interconnectedness and ...

Author: Chenaz B. Seelarbokus

Publisher: Elsevier

ISBN: 0323859143

Category: Social Science

Page: 504

View: 268

International Environmental Cooperation and the Global Sustainability Capital Framework offers an integrated analysis of international environmental cooperation (IEC) and global sustainability. From a strategic management perspective, the book develops the Sustainability Capital Framework for IEC and global sustainability. The book provides an in-depth examination of the significance of state participation in international environmental agreements (IEAs), and analyzes the structure, life cycle, and evolution of IEAs. Through the Sustainability Capital Framework, the book delineates the core drivers, barriers, incentives, and critical success factors for IEC and global sustainability. Develops the Sustainability Capital Framework for IEC and global sustainability from a strategic management perspective Discusses the imperative for IEC through the novel lens of our common vulnerabilities and contingent survivability in the face of global environmental change Presents a detailed discussion of the structure, life cycle, and evolution of IEAs Identifies the core drivers, barriers, incentives, and critical success factors for IEC and global sustainability Analyzes the human and environmental impacts of war, a core barrier to IEC and global sustainability Highlights the human and moral dimensions of global sustainability

Reputation and International Cooperation

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.

Author: Michael Tomz

Publisher: Princeton University Press

ISBN: 1400842921

Category: Political Science

Page: 328

View: 655

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.