Chapter I. State Sovereignty and the Formation of the Russo-Ottoman Border

2021 ◽  
pp. 51-78
Keyword(s):  

This collection brings together scholars of jurisprudence and political theory to probe the question of ‘legitimacy’. It offers discussions that interrogate the nature of legitimacy, how legitimacy is intertwined with notions of statehood, and how legitimacy reaches beyond the state into supranational institutions and international law. Chapter I considers benefit-based, merit-based, and will-based theories of state legitimacy. Chapter II examines the relationship between expertise and legitimate political authority. Chapter III attempts to make sense of John Rawls’s account of legitimacy in his later work. Chapter IV observes that state sovereignty persists, since no alternative is available, and that the success of the assortment of international organizations that challenge state sovereignty depends on their ability to attract loyalty. Chapter V argues that, to be complete, an account of a state’s legitimacy must evaluate not only its powers and its institutions, but also its officials. Chapter VI covers the rule of law and state legitimacy. Chapter VII considers the legitimation of the nation state in a post-national world. Chapter VIII contends that legitimacy beyond the state should be understood as a subject-conferred attribute of specific norms that generates no more than a duty to respect those norms. Chapter IX is a reply to critics of attempts to ground the legitimacy of suprastate institutions in constitutionalism. Chapter X examines Joseph Raz’s perfectionist liberalism. Chapter XI attempts to bring some order to debates about the legitimacy of international courts.


Author(s):  
Miriam Ronzoni

Can the republican state be a bearer of cosmopolitan responsibilities, and if so of what kind? In this chapter, I suggest that they must, but that these obligations will inevitably be constrained in kind. I reach this conclusion in two steps. First, I suggest that, unlike liberal egalitarians, republicans are all moral (if not necessarily all legal and political) cosmopolitans: they do believe that each and every moral agent is entitled to the same claim to non-domination. Yet, they sharply disagree on what it takes to secure this claim: are people best protected from domination if they live in robustly sovereign states, under a global democratic or constitutional regime, or does the solution lie somewhere in between? Second, I suggest that, if this is the case, then all republicans must recognize the existence of cosmopolitan responsibilities for states—even those who advocate the starkest forms of state sovereignty. For some of them, these responsibilities will include the obligation of states to subject themselves to supranational legal systems of some kind; for some, instead, they will only entail obligations to respect each other’s sovereignty. However, these responsibilities will have specific features regardless of such differences. In a nutshell: if, to some extent, the cosmopolitan responsibilities of states might entail the duty to intervene in, or interfere with, the conduct of other states, then these must be importantly constrained by the fact that these very interventions and interferences must themselves be of a non-dominating kind.


Author(s):  
Matthew Bagot

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.


Author(s):  
Mary Elise Sarotte

This chapter examines the Soviet restoration model and former German Chancellor Helmut Kohl's revivalist model. The Union of Soviet Socialist Republics (USSR) hoped to use its weight as a victor in the Second World War to restore the old quadripartite mechanism of four-power control exactly as it used to be in 1945, before subsequent layers of Cold War modifications created room for German contributions. This restoration model, which called for the reuse of the old Allied Control Commission to dominate all further proceedings in divided Germany, represented a realist vision of politics run by powerful states, each retaining their own sociopolitical order and pursuing their own interests. Meanwhile, Kohl's revivalist model represented the revival, or adaptive reuse, of a confederation of German states. This latter-day “confederationism” blurred the lines of state sovereignty; each of the two twenty-first-century Germanies would maintain its own political and social order, but the two would share a confederative, national roof.


Sign in / Sign up

Export Citation Format

Share Document