The Future of the Sovereignty Game

2021 ◽  
pp. 164-176
Author(s):  
Ryan D. Griffiths
Keyword(s):  
Comparative Statics ◽  
Expected Frequency ◽  
International Recognition ◽  
The Future ◽  
New States ◽  
State Consent ◽  
Independence Movements ◽  
Prescriptive Analysis

This chapter concludes with a theoretical and prescriptive analysis of the future of the sovereignty game. It highlights several past configurations of the international recognition regime, and identifies three potential future configurations that focus on remedial rights, primary rights, and state consent. The chapter also discusses the comparative statics of each configuration — that is, the expected frequency of secession, conflict, and the fitness of new states as a result of the regime. The chapter then shifts to a more prescriptive analysis of how the game might be improved. It argues, with caution, for the merits of a regime that emphasizes consent-based democratized secession, in which independence movements have formal institutional access but where the conditions for political exit are nevertheless hard to reach. The resulting benefits for the sovereignty game are that conflict would be reduced both within and between states. Ultimately, the chapter details the potential critiques of the study, noting that the proposal says nothing about the importance of a remedial right and maintained that it is quite difficult to implement.

The Anthropologists' Frontier: The Last Phase of African Exploitation

1963 ◽  
Vol 1 (4) ◽  
pp. 455-459 ◽  
Author(s):  
James R. Hooker
Keyword(s):  
The Future ◽  
New States ◽  
Further Development

The rapid demise of empires in Africa is paralled by the equally swift retreat of social anthropologists to the wings. While Diedrich Westermann in 1934 could deplore the administrators' rejection of proffered anthropological advice, by 1945, at least where Europeans had settled, one gathers that administrators were slavish devotees of the profession, almost painfully eager to stare with puzzlement at premier chief lists and kinship tables of organisation. A further development was suggested in the middle 1950's, with a report from the Rhodesias of a nationalist boast that Africans relied upon anthropologists for information from the enemy European camp. But, as new states ran up their flags and despatched envoys to the U.N., anthropologists began to speak of alienation. in the future there may be a rupture unless anthropologists become historians or sociologists.

Symposium ‘The politics of international recognition’

2013 ◽  
Vol 5 (1) ◽  
pp. 94-107 ◽  
Author(s):  
Hans Agné ◽  
Jens Bartelson ◽  
Eva Erman ◽  
Thomas Lindemann ◽  
Benjamin Herborth ◽  
...  
Keyword(s):  
International Relations ◽  
International Law ◽  
International Politics ◽  
Political Practice ◽  
Policy Choices ◽  
International Recognition ◽  
International Theory ◽  
Social Theories ◽  
New States ◽  
Maximal Relevance

Recognition plays a multifaceted role in international theory. In rarely communicating literatures, the term is invoked to explain creation of new states and international structures; policy choices by state and non-state actors; and normative justifiability, or lack thereof, of foreign and international politics. The purpose of this symposium is to open new possibilities for imagining and studying recognition in international politics by drawing together different strands of research in this area. More specifically, the forum brings new attention to controversies on the creation of states, which has traditionally been a preserve for discussion in International Law, by invoking social theories of recognition that have developed as part of International Relations more recently. It is suggested that broadening imagination across legal and social approaches to recognition provides the resources needed for theories with this object to be of maximal relevance to political practice.

scholarly journals A JUDICIAL PERSPECTIVE ON ISLAMIC FINANCE LITIGATION IN MALAYSIA

1970 ◽  
Vol 21 (2) ◽  
Author(s):  
Tun Arifin Bin Zakaria
Keyword(s):  
Dispute Resolution ◽  
Financial Services ◽  
Legal Framework ◽  
Islamic Finance ◽  
Finance Industry ◽  
International Recognition ◽  
The Future ◽  
Competitive Products ◽  
Civil Courts

In the last four decades, Malaysian jurists and Sharî’ah scholars have immensely contributed to the field of Islamic finance sufficient to attract international recognition and acceptance. This has turned Malaysia to a vibrant global hub for Islamic financial services. In furtherance of this enviable position, a new legal framework was recently introduced which is expected to reemphasize the pragmatic and resilient nature of the Islamic finance industry. This paper therefore provides a judicial perspective on the recent reforms in the legal framework of Islamic finance industry, examines the dynamics of Islamic finance litigation, and highlights the important role of the judiciary and other dispute resolution institutions in shaping the future of the industry. In Malaysia, the nature of the trading concepts, upon which the Islamic finance facilities are based, are the major sources of disputes since the Islamic finance industry operates within a conventional framework and related disputes are litigated in the civil courts. It is therefore argued that the biggest challenge for the courts in the exercise of its judicial function is the application of relevant laws to Islamic finance transactions. The paper concludes that strengthening the legal architecture of the industrywill necessarily lead to the development of competitive products that are not only Sharî’ah-compliant but alsoconventionally viable. This can be achieved through the channelling of Islamic finance disputes to an alternative forum for appropriate dispute resolution. ABSTRAKDalam empat dekad yang lalu, cendekiawan Malaysia dan pakar Syariah telah memberi sumbangan yang besar kepada bidang kewangan Islam yang cukup bagi menarik pengiktirafan dan penerimaan antarabangsa. Ini telah menjadikan Malaysia suatu hab global bertenaga untuk perkhidmatan kewangan Islam. Bagi meneruskan kedudukan yang dicemburui ini, satu rangka kerja undang-undang baru telah diperkenalkan baru-baru ini yang diharap lebih menekankan kepada lumrah pragmatik dan berdaya tahan industri kewangan Islam. Oleh itu, kertas kerja ini memberikan perspektif kehakiman terhadap pembaharuan mutakhir dalam rangka kerja undang undang industri kewangan Islam, mengkaji dinamik litigasi kewangan Islam, dan menjelaskan peranan penting badan kehakiman dan institusi-institusi penyelesaian pertikaian yang lain dalam membentuk masa depan industri ini. Di Malaysia, lumrah konsep perdagangan, yang mana menjadi dasar kemudahan kewangan Islam, adalah punca utama pertikaian sejak industri kewangan Islam beroperasi di dalam rangka kerja konvensional dan pertikaian berkaitan telah dilitigasikan di mahkamah sivil. Maka ia telah dibahaskan bahawa cabaran terbesar bagi mahkamah pada menjalankan fungsi kehakimannya adalah aplikasi undang-undang yang berkaitan dengan urus niaga kewangan Islam. Kertas kerja ini menyimpulkan bahawa pengukuhan rangka kerja undang-undang industri akan membawa kepada pembangunan produk yang berdaya saing yang bukan sahaja patuh Syariah tetapi juga berdaya maju dari sudut konvensionalnya. Ini boleh dicapai melalui penyaluran pertikaian kewangan Islam kepada forum alternatif untuk penyelesaian pertikaian yang sesuai.

Freedom and Justice in Trade Governance

2020 ◽  
Vol 34 (3) ◽  
pp. 401-412
Author(s):  
Sarah C. Goff
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Trade Agreements ◽  
Distinctive Features ◽  
The World ◽  
The Future ◽  
Economic Exchanges ◽  
State Consent ◽  
Liberal Justice

AbstractTwo recent books consider the future of trade governance. Consent and Trade proposes reforms to trade agreements so that states can consent more freely to their terms. On Trade Justice defends reforms to the World Trade Organization, arguing that multilateralism is the foundation for a “new global deal” on trade. Each book describes trade's distinctive features and proposes a principle to regulate both trade and trade governance. Consent and Trade defends a principle of respect for state consent in trade agreements. On Trade Justice offers a theory of trade justice that requires nonexploitation. Consent and nonexploitation are important principles for economic exchanges. However, trade governance and trade itself are different forms of cooperation, with different agents and different interests at stake. Consent and nonexploitation are less compelling as principles for trade governance than for trade itself. Both books understate the conflict between their principles for trade governance and liberal justice.

A Symbol of Appeasement

2018 ◽  
pp. 96-114
Author(s):  
Laurence R. Jurdem
Keyword(s):  
United States ◽  
World War Ii ◽  
Soviet Union ◽  
The United States ◽  
General Assembly ◽  
The West ◽  
Policy Makers ◽  
The Soviet Union ◽  
New States ◽  
Independence Movements

One of the major concerns of writers for the publications of conservative opinion was the growth of leftist ideology that permeated much of the newly independent Third World. Many of the activist leaders who led their nations’ independence movements in Asia, Africa, and Latin America during the decades following World War II viewed the Soviet Union as an ally that was philosophically opposed to European imperialism. It was within the General Assembly of the United Nations that these new states began to exert their influence. Since the founding of the institution in 1945, the United States had been able to exert a large amount of influence in the major decisions taken up by the UN. The independent nations that now occupied the diplomatic chamber were determined to redress the economic injustices they believed had been committed against them by the West. Commentators who contributed to these publications were frustrated by the inability of American policy makers to stand up to the rampant criticism of the United States and its democratic values and believed that this represented another example of the decline of US foreign policy.

The politics of creating new states: A conceptual introduction

2020 ◽  
Vol 41 (5) ◽  
pp. 617-621
Author(s):  
Guy Lachapelle ◽  
Matt Qvortrup
Keyword(s):  
Special Issue ◽  
Ethnic Nationalism ◽  
Introductory Article ◽  
New States ◽  
Conceptual Distinction ◽  
Independence Movements

Drawing on the theoretical distinction between, respectively, ‘civic’ and ‘ethnic’ nationalism and the conceptual distinction between polyarchies and various degrees of competitive autocracies, this introductory article make a distinction between four pure types of independence movements. Based on this typology, the article sets the scene and presents the context for the articles in the Special Issue.

Succession to Treaties in New States

1970 ◽  
Vol 8 ◽  
pp. 123-156
Author(s):  
Okon Udokang
Keyword(s):  
South Africa ◽  
New Zealand ◽  
International Law ◽  
Free State ◽  
International Recognition ◽  
Present Purpose ◽  
Gradual Process ◽  
New States ◽  
Independent States ◽  
International Identity

For our present purpose it is useful to divide the Commonwealth countries into two categories according to the circumstances under which they achieved international recognition as subjects of international law: first, the older Dominions of Canada, Australia, New Zealand, Irish Free State and South Africa which acquired international identity through a gradual process of constitutional transition from Crown colony systems to responsible governments; and, second, the colonial territories that have become independent states since 1945.

Changes to the Editorial Team of the IJSM

2018 ◽  
Vol 39 (01) ◽  
pp. 3-3
Author(s):  
José Duarte
Keyword(s):  
Editorial Team ◽  
Scientific Quality ◽  
University Of Minnesota ◽  
Scientific Rigor ◽  
International Recognition ◽  
The Future ◽  
Assistant Editor ◽  
The University

There have been some changes to the Board of Editors of the IJSM. Already this year, Prof. Donald Dengel of the University of Minnesota, USA, replaced editor Prof. Joseph Houmard, who had been with the journal since 2006 and chose to leave the team for professional reasons.Unfortunately, our Editor-in-Chief Prof. Appell Coriolano is fast approaching his retirement from academia and will also be leaving the IJSM editorial team. Hans-Joachim Appell Coriolano joined the Editorial Board of the IJSM in 1987 and accepted the position of Assistant Editor in 1989. Over the years, he gradually assumed even greater responsibility for manuscript organization and editing. He has served as Editor-in-Chief since 2006 and is regarded as a true “primus inter pares” within the editors' team. For his tremendous commitment and unwavering dedication to the IJSM for nearly 30 years, Prof. Appell Coriolano is acknowledged by his peers and Thieme Publishers as the “heart and soul” of the IJSM as it exists today. The level of scientific quality and international recognition attained by the IJSM is in large part due to his valuable contributions and scientific rigor. It is therefore with great regret that we bid him farewell, but we are sure that his guidance and spirit will continue to shape the future of this publication.

The European convention on human rights in the XXI century: in search of balance

2021 ◽  
pp. 22
Author(s):  
Christos Giakoumopoulos
Keyword(s):  
Human Rights ◽  
Original System ◽  
European Convention ◽  
Council Of Europe ◽  
National Courts ◽  
The Future ◽  
New States ◽  
The Face ◽  
The One ◽  
Under Construction

The original system established by the European Convention on Human Rights is based on a delicate balance. Initially, this balance was achieved through the establishment of a mechanism sparing national susceptibilities in the face of the ambitious objectives displayed by the European project. The success of the system has led to the reform brought about by Protocol No. 11, strengthening its jurisdictional character. However, having coincided with the fall of the Berlin Wall and the enlargement of the Council of Europe, the system had to face new challenges: the number of potential applicants exceeded 800 million and the accession of new States with political and legal systems in transition and judicial systems under construction have caused litigation before the Court to explode. The process launched in Interlaken ten years ago has consolidated the capacities of the system, especially as the Court has been able to take advantage of it, on the one hand by putting in place innovative and effective measures and p rocedures and, on the other hand, by engaging in dialogue with national courts. Following the Interlaken process and the entry into force of Protocols No. 14, 15 and 16, the question arises as to whether the tools that these instruments have created, so essential for the effectiveness of the system today, will be sufficient to avoid tensions in the future. The groundwork for the future of the system will have to look at the synergies between the Court, the Committee of Ministers and the States Parties, aimed at giving the Convention system all the dimensions of engagement it needs: the jurisdictional dimension, above all, but also that of dialogue, consultation, cooperation and prevention. This will require a coordinated mobilization of all Council of Europe institutions.

Recogntion in International Law: Recognition of States and European Integration - Legal and Political Considerations

2016 ◽  
Vol 2 (2) ◽  
pp. 242
Author(s):  
Ermira Mehmeti
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Primary Objective ◽  
International Peace ◽  
International Recognition ◽  
Peace And Security ◽  
The Status ◽  
New States ◽  
Legal Arguments ◽  
Political Act

Recognition of States in international law is a political act based on interests and assessments made by states individually. However, in granting recognition, it is the legal arguments that must prevail. The recognizing State should base its decision on a legal framework which makes the act of recognition valid and credible. At the same time, such political decision supported by legal arguments may in no way threaten international peace and security, and may not be in collision with the peremptory norms of international law. Following is a paper on recognition of States in international law as seen from the aspect of international peace and stability. The primary objective of the international community, particularly since the establishment of the United Nations Organization, has been the maintenance of peace and security in the world. Therefore, the international recognition of entities that have demonstrated wide and strong capacity to be states, and whose attitude has been to serve the greater interests of peace, security, harmony and prosperity among people, must be a principled decision, not conditioned by mere political interests. International recognition of states is a precondition for the prosperity of new states. As such, it must obtain the status of a stabilizing instrument of new entities as well. When it comes to small states, this act is even more significant, for it secures and protects them from potential threats, hence strengthening the commitment for peace and stability. In the context of European Union membership process, it must be underlined that recognition may not become an obstacle to the aspiring States, though it seems to be the case at present. Macedonia and Kosovo are case in point. Recognition must become a catalyst and incentive for a quicker, more efficient and full-fledged euro-integrating process, which is crucial for preserving long-term stability, functioning democracy and peace and understanding among people.

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