Illiberalism and National Sovereignty

2021 ◽  
pp. 250-260
Author(s):  
Neil Walker
Keyword(s):  
National Sovereignty

Sovereignty

2019 ◽  
Author(s):  
Hermann Heller
Keyword(s):  
International Law ◽  
Political Theory ◽  
Weimar Republic ◽  
Political System ◽  
Popular Sovereignty ◽  
Liberal Democracies ◽  
National Sovereignty ◽  
Nation States ◽  
The People ◽  
Pluralistic World

This 1927 work addresses the paradox of sovereignty, that is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt who seek to dissolve the paradox, this text sees the tensions that the paradox highlights as an essential part of a society ruled by law. Sovereignty, in the sense of national sovereignty, is often perceived in liberal democracies today as being under threat, or at least “in transition,” as power devolves from nation states to international bodies. This threat to national sovereignty is at the same time considered a threat to a different idea of sovereignty, popular sovereignty—the sovereignty of “the people”—as important decisions seem increasingly to be made by institutions outside of a country’s political system or by elite-dominated institutions within. This text was written in 1927 amidst the very similar tensions of the Weimar Republic. In an exploration of history, constitutional and political theory, and international law, it shows that democrats must defend a legal idea of sovereignty suitable for a pluralistic world.

scholarly journals National Sovereignty Versus Transboundary Water Cooperation: Can You See International Law Reflected in the Water?

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 178-182
Author(s):  
Francesco Sindico
Keyword(s):  
International Law ◽  
Transboundary Water ◽  
National Sovereignty ◽  
Customary International Law ◽  
Aquifer System ◽  
Water Cooperation ◽  
Guarani Aquifer ◽  
International Water Law ◽  
Downstream Flow ◽  
Transboundary Water Cooperation

Could Turkey dam the Tigris and Euphrates and deprive its downstream neighbors of vital water resources? Could Brazil over-pump the Guarani Aquifer System to the detriment of the other aquifer states? Could Egypt put pressure on upstream Nile states and prevent them from developing river related infrastructure that might limit downstream flow? International law in the field of transboundary water cooperation has evolved and would appear to condemn unilateral practices such as the ones suggested above. However, hydro politics and the lack of reception of international water law instruments by many countries sometimes make it difficult to see international law properly reflected in the management of major rivers, lakes and aquifers around the world. In this essay, I first highlight what international law dictates when it comes to the tension between national sovereignty and transboundary water cooperation. I then explore how this tension plays out in the three examples noted above. Due to limited acceptance of the existing international, bilateral, or regional legal instruments, the resolution of the tension between national sovereignty and transboundary water cooperation will often be left to customary international law.

scholarly journals Trade-offs and inconsistencies of the Russian foreign policy: The case of Eurasia

2021 ◽  
Vol 12 (1) ◽  
pp. 46-56
Author(s):  
Irina Busygina ◽  
Mikhail Filippov
Keyword(s):  
Foreign Policy ◽  
Great Power ◽  
Russian Foreign Policy ◽  
National Sovereignty ◽  
Trade Offs ◽  
Soviet Space ◽  
Ukrainian Crisis ◽  
Vladimir Putin ◽  
Former Soviet Republics ◽  
Post Soviet Space

In this article, we explore the inherent trade-offs and inconsistencies of Russia’s policies toward the post-Soviet space. We argue that attempts to rebuild an image of Russia as a “great power” have actually led to a reduction of Russian influence in the post-Soviet region. The more Russia acted as a “Great Power,” the less credible was its promise to respect the national sovereignty of the former Soviet republics. In 2011, Vladimir Putin declared that during his next term as president, his goal would be to establish a powerful supra-national Eurasian Union capable of becoming one of the poles in a multipolar world. However, Russia’s attempt to force Ukraine to join the Eurasian Union provoked the 2014 crisis. The Ukrainian crisis has de-facto completed the separation of Ukraine and Russia and made successful post-Soviet re-integration around Russia improbable.

Ethics, National Sovereignty and the Control of Immigration

1996 ◽  
Vol 30 (1) ◽  
pp. 171-197 ◽  
Author(s):  
Myron Weiner
Keyword(s):  
Public Opinion ◽  
Moral Obligation ◽  
Human Right ◽  
National Sovereignty ◽  
Migration Policies ◽  
Open Borders ◽  
The Relationship

This paper examines the debate as to whether migration is a basic human right or if the claims of outsiders are superseded by the principle of national sovereignty – the moral obligation of states to do the best for their own citizens. In evaluating migration and refugees it focuses on issues of open borders, migration selectivity, the capacity of sovereign states to control entry, the claims of refugees, the relationship between sovereignty and justifiable intervention, and the role of public opinion and morals throughout migration policies.

CCAMLR Conservation Measures: How the Chairman’s Statement Works

2015 ◽  
Vol 7 (1) ◽  
pp. 501-530 ◽  
Author(s):  
Denzil G.M. Miller
Keyword(s):  
Indian Ocean ◽  
State Sovereignty ◽  
Review Panel ◽  
National Sovereignty ◽  
Performance Review ◽  
Conservation Measure ◽  
Explicit Reference ◽  
Antarctic Marine ◽  
Indian Ocean Sector ◽  
Ocean Sector

The ‘Final Act of the Conference on the Conservation of Antarctic Marine Living Resources’ included a statement made on 19 May 1980 by its Chairman. The ‘Chairman’s Statement’ addressed the CAMLR Convention’s application in waters adjacent to the Kerguelen and Crozet Islands over which France exercises jurisdiction by virtue of its sovereignty over the islands. The Statement included explicit reference to waters adjacent to other islands within the CCAMLR Area, where the existence of State sovereignty is recognised by all the Convention Contracting Parties. In 2007 the CCAMLR Performance Review noted the increasing frequency with which some Commission Members were invoking the Chairman’s Statement. In particular, the Review Panel expressed the view that a point has been reached where any Conservation Measure adopted by CCAMLR invariably attracts a formal reservation on the perception that a conservation measure affects the maritime jurisdictions of certain Members, particularly those exercising national sovereignty over sub-Antarctic islands in the CCAMLR Indian Ocean sector. This paper examines the background to, and practices associated with, applying CCAMLR Conservation Measure reservations under the Chairman’s Statement.

scholarly journals Labor Standards: Where Do They Belong on the International Trade Agenda?

2001 ◽  
Vol 15 (3) ◽  
pp. 89-112 ◽  
Author(s):  
Drusilla K Brown
Keyword(s):  
Developing Countries ◽  
International Trade ◽  
Labor Standards ◽  
Labor Regulation ◽  
National Sovereignty ◽  
The Past ◽  
Trade Sanctions ◽  
Technical Advice ◽  
Intense Debate

During the past decade, universal labor standards have become the focus of intense debate. Advocates argue from humanitarian concerns and the interests of industrialized-country labor, seeking enforcement with WTO sanctions. Opponents regard labor regulation as a matter of national sovereignty, challenge the effectiveness of trade sanctions, and prefer the ILO emphasis on dialogue, monitoring and technical advice. This paper analyzes the labor standards debate, with specific attention to the analytical underpinnings of universal rules; evidence linking weak labor protections in developing countries to industrialized country wages; and the role of labor standards in WTO negotiations.

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