scholarly journals State Sovereignty Over the Airspace on the Perspective of International Air Law (A Study of the Delegation of Airspace Management of Batam and Natuna Island to Singapore)

Author(s):  
Amad Sudiro ◽  
Jeannette Natawidjaja
Keyword(s):  
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.


Author(s):  
Leif Wenar

Article 1 of both of the major human rights covenants declares that the people of each country “shall freely dispose of their natural wealth and resources.” This chapter considers what conditions would have to hold for the people of a country to exercise this right—and why public accountability over natural resources is the only realistic solution to the “resource curse,” which makes resource-rich countries more prone to authoritarianism, civil conflict, and large-scale corruption. It also discusses why cosmopolitans, who have often been highly critical of prerogatives of state sovereignty, have good reason to endorse popular sovereignty over natural resources. Those who hope for more cosmopolitan institutions should see strengthening popular resource sovereignty as the most responsible path to achieving their own goals.


Author(s):  
Cécile Laborde ◽  
Aurélia Bardon

There is already an important literature on religion and political philosophy, focusing especially on controversies about religious symbols, freedom of speech, or secular education. The introduction explains the distinctive approach of the volume. Instead of focusing on specific political controversies, the book explores the conceptual, structural architecture of liberal political philosophy itself. The authors distinguish four different themes: the special status of religion in the law; state sovereignty, non-establishment, and neutrality; accommodation and religious freedom; and toleration, conscience, and identity. The chapter explains the particular questions raised in each of these four themes, and briefly presents the twenty-two contributions gathered in the volume.


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.


China Report ◽  
2019 ◽  
Vol 55 (2) ◽  
pp. 125-144
Author(s):  
Vikash Chandra

This article illustrates China’s counter-terrorism strategy at the United Nations (UN), analyses its cornerstones and underscores changing patterns. On this basis, it also seeks to make some broader observations about how rising powers behave in international organisations and to highlight their attitudes towards the liberal international order. It considers Chinese positions in the debates in the General Assembly (1972–2018), its Sixth Committee and the Security Council (since the early 1990s) and identifies four pillars of China’s counter-terrorism strategy. These include norm entrepreneurship, diplomatic measures, promotion of international cooperation and domestic measures to fulfil obligations emanating from UN resolutions, conventions and declarations. It shows how China has shaped the discourse on terrorism at the UN and how its counter-terror narratives and advocacy have been and are being shaped by the discourse among states and competing blocs like the Organization of Islamic Conference over this period. It concludes with the observation that, despite changes in its strategy in recent years, the defining principles of China’s counter-terrorism strategy, such as respect for state sovereignty and non-interference in internal affairs, have not eroded. Changes like accepting that the UN must play a ‘central coordination role’ in international counter-terrorism should be regarded as a further extension of China’s zeal to maintain the international order because the UN is a defining pillar of the present international order.


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