Restraining State Sovereignty or the Return of the German Question?

2021 ◽  
pp. 147-162
Author(s):  
Michael A. Wilkinson
Keyword(s):  
State Constraints ◽  
State Sovereignty ◽  
Eastern Enlargement ◽  
German Question ◽  
Differentiated Integration ◽  
European Unification ◽  
Inter State

<Online Only>This chapter examines how the geopolitical constitution of Europe developed after Maastricht, in ways both continuous and discontinuous with the founding era. It discusses the continuities in inter-state constraints on the exercise of sovereign powers, now structured, however, through a ‘new intergovernmentalism’ rather than traditional forms of supranationalism. In conjunction with the move towards differentiated integration, this signalled the end of the ‘federal dream’ of European unification. The chapter concludes by discussing the return of the ‘German question’. It analyses how the reunification of Germany, and its increasing influence through the Eastern enlargement of the Union, raised the spectre of stark asymmetries, and even the prospect of semi-hegemony.</Online Only>

Restraining State Sovereignty: Imagining a ‘European Germany’

2021 ◽  
pp. 81-94
Author(s):  
Michael A. Wilkinson
Keyword(s):  
Cold War ◽  
European Integration ◽  
Popular Sovereignty ◽  
State Sovereignty ◽  
European Economic ◽  
State Action ◽  
German Question ◽  
Post War ◽  
State Relations ◽  
Inter State

<Online Only>This chapter examines how post-war Europe was reconstituted through a new regional geopolitics of inter-state relations, an acknowledgement of the interdependence of internal and external domains of state action, and a change in the abstract meaning of sovereignty. Materially, inter-state relations in Europe were reconstituted through the response to the ‘German question’, extraneous factors of Cold War superpower rivalry, and the project of European integration. This was supported by constitutional developments. Domestically, these developments involved commitments to internationalism and Europeanism and the turn to counter-majoritarian institutions, disconnecting state sovereignty from popular sovereignty. Regionally, they involved the constitutionalization of the European Economic Community (EEC), cementing a functionalist ideology and depoliticization through juridical and technical avenues.</Online Only>

Aktuelle Entwicklungen in der EU-Sozialpolitik: effizientere Entscheidungsfindung durch Mehrheitsentscheidungen und differenzierte Integration?

IG ◽  
2021 ◽  
Vol 44 (2) ◽  
pp. 115-131
Author(s):  
Miriam Hartlapp
Keyword(s):  
European Union ◽  
Social Policy ◽  
Member State ◽  
Majority Voting ◽  
State Sovereignty ◽  
The European Union ◽  
Qualified Majority ◽  
Differentiated Integration ◽  
Aktuelle Entwicklungen ◽  
Organizational Heterogeneity

Design and adoption of common social policy is conditional. Limited competencies, institutional and organizational heterogeneity among member states, and ideological-programmatic majorities in the institutions of the European Union (EU) have led to far fewer new legal instruments in recent decades. One of the key challenges is the unanimity requirement in the Council, enshrined in the Treaties in areas of great member state sovereignty. In 2019 the Commission proposed to allow a transition to qualified majority voting. This paper discusses what the transition entails in legal and procedural terms and highlights three key advantages it holds. To this aim it provides an overview of the policy areas and instruments that the Commission would like to transfer to qualified majority voting. It outlines how the potential that majority voting offers for EU social policy could be exploited better with more ambitious initiatives and discusses differentiated integration as an alternative.

9. Immunities

2019 ◽  
pp. 217-246
Author(s):  
Gleider Hernández
Keyword(s):  
International Crime ◽  
Policy Implications ◽  
State Sovereignty ◽  
Important Policy ◽  
Domestic Courts ◽  
Over Time ◽  
Inter State

This chapter explores the concept of immunities. Immunity from jurisdiction describes the doctrines developed in domestic courts over time to avoid infringements on State sovereignty whenever possible. Generally speaking, immunities seek to prevent foreign courts from exercising jurisdiction regarding the conduct of another State, its agents, officials, or diplomatic representatives, as well as from adjudicating on inter-State disputes without their consent. Due in part to the historical conflation of State and sovereign that defined the scope of immunity, several mechanisms have been developed that allow various categories of officials of States to invoke immunity in the courts of another State. Often an exemption from local jurisdiction exists in relation to mundane violations such as driving offences or administrative matters. However, exemption from jurisdiction has important policy implications if the act in question would constitute an international crime.

scholarly journals PERUBAHAN KONSTITUSI MELALUI PERJANJIAN INTERNASIONAL DAN DAMPAKNYA TERHADAP KEDAULATAN NEGARA

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Khairul Fahmi
Keyword(s):  
Legal System ◽  
State Sovereignty ◽  
International Treaties ◽  
The People ◽  
International Legal System ◽  
State Relations ◽  
International Conventions ◽  
The Impact ◽  
Constitutional Changes ◽  
Inter State

The development of the association of modern states increasingly influences how the constitutional norms of the country are guarded and maintained. Inter-state relations in the economic, social, political, and security sectors established through various treaties have influenced the existence of the constitution because of the impact on multiple changes. Furthermore, it also affects the integrity of the country's sovereignty, especially when there is a conflict between the international legal system and the constitution. In this connection, the problem discussed is how constitutional changes occur through international treaties and how the impact of constitutional changes through international conventions on the existence of state sovereignty placed in the hands of the people. This study concludes, Firstly, the 1945 Constitution as a constitution has not only changed through formal changes in accordance with Article 37 of the 1945 Constitution but has also been changed in an informal manner through the ratification of international treaties. Second, amending the constitution through international treaties can reduce the existence of the constitution as the embodiment of the country's supreme power, which is placed by the people.

Catholicism and Cosmopolitanism: the Confluence of Three Catholic Scholars and the Cosmopolitan Democrats on State Sovereignty and the Future of Global Governance

2016 ◽  
Vol 3 (2) ◽  
pp. 37-51
Author(s):  
Matthew Bagot
Keyword(s):  
Global Governance ◽  
State Sovereignty ◽  
Current Debate ◽  
Past Century ◽  
Jacques Maritain ◽  
The Past ◽  
Technological Advances ◽  
The Future ◽  
Cosmopolitan Democracy ◽  
Catholic Tradition

One of the central questions in international relations today is how we should conceive of state sovereignty. The notion of sovereignty—’supreme authority within a territory’, as Daniel Philpott defines it—emerged after the Treaty of Westphalia in 1648 as a result of which the late medieval crisis of pluralism was settled. But recent changes in the international order, such as technological advances that have spurred globalization and the emerging norm of the Responsibility to Protect, have cast the notion of sovereignty into an unclear light. The purpose of this paper is to contribute to the current debate regarding sovereignty by exploring two schools of thought on the matter: first, three Catholic scholars from the past century—Luigi Sturzo, Jacques Maritain, and John Courtney Murray, S.J.—taken as representative of Catholic tradition; second, a number of contemporary political theorists of cosmopolitan democracy. The paper argues that there is a confluence between the Catholic thinkers and the cosmopolitan democrats regarding their understanding of state sovereignty and that, taken together, the two schools have much to contribute not only to our current understanding of sovereignty, but also to the future of global governance.

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