Jennifer M. Welsh (ed.)
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.001.0001
- Subject:
- Political Science, International Relations and Politics
The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged ...
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The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged tension between the principle of state sovereignty, and the evolving norms related to individual human rights. This edited collection examines the challenges to international society posed by humanitarian intervention in a post-September 11th world. It brings scholars of law, philosophy, and international relations together with those who have actively engaged in cases of intervention, in order to examine the legitimacy and consequences of the use of military force for humanitarian purposes. The book demonstrates why humanitarian intervention continues to be a controversial question not only for the United Nations but also for Western states and humanitarian organisations.Less
The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged tension between the principle of state sovereignty, and the evolving norms related to individual human rights. This edited collection examines the challenges to international society posed by humanitarian intervention in a post-September 11th world. It brings scholars of law, philosophy, and international relations together with those who have actively engaged in cases of intervention, in order to examine the legitimacy and consequences of the use of military force for humanitarian purposes. The book demonstrates why humanitarian intervention continues to be a controversial question not only for the United Nations but also for Western states and humanitarian organisations.
Michael Keating
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199240760
- eISBN:
- 9780191599644
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240760.003.0001
- Subject:
- Political Science, Comparative Politics
The concepts of nation and state must be separated conceptually. Nation should be understood as a normative concept based on a claim to self‐determination. This does not mean the creation of a state, ...
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The concepts of nation and state must be separated conceptually. Nation should be understood as a normative concept based on a claim to self‐determination. This does not mean the creation of a state, but rather the right to negotiate one's status within the state and constitutional order. State sovereignty, always a difficult concept, is being transformed by changes in the state and transnational integration. This opens up the possibility of shared and divided sovereignty as a way of reconciling nationality claims.Less
The concepts of nation and state must be separated conceptually. Nation should be understood as a normative concept based on a claim to self‐determination. This does not mean the creation of a state, but rather the right to negotiate one's status within the state and constitutional order. State sovereignty, always a difficult concept, is being transformed by changes in the state and transnational integration. This opens up the possibility of shared and divided sovereignty as a way of reconciling nationality claims.
Jennifer M. Welsh
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0004
- Subject:
- Political Science, International Relations and Politics
Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken ...
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Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken hold in international society, but also whether it should – particularly in the form suggested by Western states. The author argues that the ethical position of pluralism – as articulated by non-Western states – represents the most compelling case against humanitarian intervention, by emphasizing the impact on international society of relaxing the norm of non-intervention. Despite these pluralist objections, military intervention in cases of supreme humanitarian emergency can be defended on moral grounds, provided the intervention meets certain tests of legitimacy. Given the unintended consequences of military action, the author also suggests that more attention should be paid to the non-military means of operationalizing ‘sovereignty as responsibility’.Less
Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken hold in international society, but also whether it should – particularly in the form suggested by Western states. The author argues that the ethical position of pluralism – as articulated by non-Western states – represents the most compelling case against humanitarian intervention, by emphasizing the impact on international society of relaxing the norm of non-intervention. Despite these pluralist objections, military intervention in cases of supreme humanitarian emergency can be defended on moral grounds, provided the intervention meets certain tests of legitimacy. Given the unintended consequences of military action, the author also suggests that more attention should be paid to the non-military means of operationalizing ‘sovereignty as responsibility’.
Steve Vanderheiden
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780195334609
- eISBN:
- 9780199868759
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195334609.003.0003
- Subject:
- Political Science, Environmental Politics
This chapter examines the idea of cosmopolitan justice, or the application of egalitarian principles to relations between nations. Three primary challenges to this application are considered: the ...
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This chapter examines the idea of cosmopolitan justice, or the application of egalitarian principles to relations between nations. Three primary challenges to this application are considered: the doctrine of state sovereignty in international law and political theory, which holds that the internal affairs of states ought to be the exclusive prerogative of national governments; the theory of political realism, which denies the existence of valid normative ideals within international relations, maintaining instead that the advancement of national interests are the only defensible aims in policy such as that affecting climate; and the anti-cosmopolitanism of Rawls and some of his allies, maintaining that principles of justice can only apply within some societies, denying that the aggregate global effects of anthropogenic climate change raise any distinctive problems for justice itself. The case for cosmopolitan justice (by Beitz and others) is examined, paying particular attention to its application to problems of global climate.Less
This chapter examines the idea of cosmopolitan justice, or the application of egalitarian principles to relations between nations. Three primary challenges to this application are considered: the doctrine of state sovereignty in international law and political theory, which holds that the internal affairs of states ought to be the exclusive prerogative of national governments; the theory of political realism, which denies the existence of valid normative ideals within international relations, maintaining instead that the advancement of national interests are the only defensible aims in policy such as that affecting climate; and the anti-cosmopolitanism of Rawls and some of his allies, maintaining that principles of justice can only apply within some societies, denying that the aggregate global effects of anthropogenic climate change raise any distinctive problems for justice itself. The case for cosmopolitan justice (by Beitz and others) is examined, paying particular attention to its application to problems of global climate.
Michael Keating
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199240760
- eISBN:
- 9780191599644
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240760.003.0005
- Subject:
- Political Science, Comparative Politics
European integration provides a number of ways in which the nationalities question can be accommodated. It undermines the doctrine of unitary state sovereignty, detaches citizenship from rights, and ...
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European integration provides a number of ways in which the nationalities question can be accommodated. It undermines the doctrine of unitary state sovereignty, detaches citizenship from rights, and provides a number of opportunities for stateless nations to project themselves beyond state borders. The practical opportunities this gives are, perhaps, less impressive than the symbolic ones.Less
European integration provides a number of ways in which the nationalities question can be accommodated. It undermines the doctrine of unitary state sovereignty, detaches citizenship from rights, and provides a number of opportunities for stateless nations to project themselves beyond state borders. The practical opportunities this gives are, perhaps, less impressive than the symbolic ones.
James Mayall
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0007
- Subject:
- Political Science, International Relations and Politics
After the end of the Cold War, many in the West viewed Africa as a testing ground for the solidarist argument that sovereignty was no longer an absolute principle and that the international community ...
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After the end of the Cold War, many in the West viewed Africa as a testing ground for the solidarist argument that sovereignty was no longer an absolute principle and that the international community could intervene to protect individual from human rights violations. This argument seems particularly challenging in the African context, given the continental leadership’s historic commitment to territorial integrity and non-intervention. However, as the author shows, African leaders from 1945 to 1990 were largely upholding the pluralist international norms of the time. In other words, the case for humanitarian intervention – and the problems posed by the practice – are not region-specific. The early 1990s, during which the United Nations intervened in Somalia, seemed to confirm the solidarist position. However, the failure to intervene in Rwanda in 1994, and the more recent experience of interventions in Sierra Leone, present a more mixed picture. Humanitarian intervention remains a controversial practice because of its coercive means, and its tendency to attribute blame or responsibility in what are often very complex civil conflicts.Less
After the end of the Cold War, many in the West viewed Africa as a testing ground for the solidarist argument that sovereignty was no longer an absolute principle and that the international community could intervene to protect individual from human rights violations. This argument seems particularly challenging in the African context, given the continental leadership’s historic commitment to territorial integrity and non-intervention. However, as the author shows, African leaders from 1945 to 1990 were largely upholding the pluralist international norms of the time. In other words, the case for humanitarian intervention – and the problems posed by the practice – are not region-specific. The early 1990s, during which the United Nations intervened in Somalia, seemed to confirm the solidarist position. However, the failure to intervene in Rwanda in 1994, and the more recent experience of interventions in Sierra Leone, present a more mixed picture. Humanitarian intervention remains a controversial practice because of its coercive means, and its tendency to attribute blame or responsibility in what are often very complex civil conflicts.
Frédéric Mérand
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780199533244
- eISBN:
- 9780191714474
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533244.003.0001
- Subject:
- Political Science, Comparative Politics, European Union
The introduction explains the challenge posed by the European security and defense policy to the nature of the European state. Building on a critical dialogue between political sociologists and EU ...
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The introduction explains the challenge posed by the European security and defense policy to the nature of the European state. Building on a critical dialogue between political sociologists and EU scholars, it places military integration in the broader perspective of state formation since the 16th century. The puzzle is to understand why a large number of political leaders, defense planners, and diplomats are willing, without an external threat, to surrender key elements of state sovereignty. The argument is that the interpenetration of European states has created strong incentives for state actors to coordinate their foreign and defense policies at the EU level. More specifically, the development of ESDP is analyzed as the creation of transgovernmental field through fifty years of intense military and foreign policy cooperation among Europeans in the EU and also in NATO. Other theoretical perspectives on European defense (realism, liberalism, constructivism, and foreign policy analysis) are then presented and critiqued.Less
The introduction explains the challenge posed by the European security and defense policy to the nature of the European state. Building on a critical dialogue between political sociologists and EU scholars, it places military integration in the broader perspective of state formation since the 16th century. The puzzle is to understand why a large number of political leaders, defense planners, and diplomats are willing, without an external threat, to surrender key elements of state sovereignty. The argument is that the interpenetration of European states has created strong incentives for state actors to coordinate their foreign and defense policies at the EU level. More specifically, the development of ESDP is analyzed as the creation of transgovernmental field through fifty years of intense military and foreign policy cooperation among Europeans in the EU and also in NATO. Other theoretical perspectives on European defense (realism, liberalism, constructivism, and foreign policy analysis) are then presented and critiqued.
Kanti Bajpai
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780199251209
- eISBN:
- 9780191599293
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199251207.003.0010
- Subject:
- Political Science, International Relations and Politics
Bajpai begins by examining these four dominant traditions of thought and compares the attitudes of the four traditions towards state sovereignty, the use of force, the utility of rules and ...
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Bajpai begins by examining these four dominant traditions of thought and compares the attitudes of the four traditions towards state sovereignty, the use of force, the utility of rules and institutions, and inequality. The author shows the degree of compatibility between these four perspectives and the Westphalian concept of order and justice as well as with more solidarist approaches. He concludes by outlining what a just world order would look like from the four perspectives, and notes that a three‐way conversation on this topic is taking place between the Nehruvians, the increasingly influential Hindutvas, and the nascent neo‐liberals.Less
Bajpai begins by examining these four dominant traditions of thought and compares the attitudes of the four traditions towards state sovereignty, the use of force, the utility of rules and institutions, and inequality. The author shows the degree of compatibility between these four perspectives and the Westphalian concept of order and justice as well as with more solidarist approaches. He concludes by outlining what a just world order would look like from the four perspectives, and notes that a three‐way conversation on this topic is taking place between the Nehruvians, the increasingly influential Hindutvas, and the nascent neo‐liberals.
Erik O. Eriksen
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199572519
- eISBN:
- 9780191722400
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572519.001.0001
- Subject:
- Political Science, European Union, Democratization
The widening and deepening of the European Union have brought to the fore the question of democracy at the European level. The system of domination already in place at the European level requires and ...
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The widening and deepening of the European Union have brought to the fore the question of democracy at the European level. The system of domination already in place at the European level requires and aspires to direct legitimation—from the citizens themselves and not merely indirectly, from the member nation-states. Such can only be achieved by making the EU into a democratic polity. But can democracy be disassociated from its putative nation-state foundation? This book develops a revised concept of democratic legitimacy based on discourse theory. It is argued that post-national democracy requires a constitution but not necessarily a state. The Union amounts to less than a state but more than an international organization and a system of transnational governance. In the political theory of the multi-level constellation that makes up the EU, it is conceived of as a regional subset of an emerging cosmopolitan order. The EU is a state-less government. As it is not premised on group identity, it is able to accommodate a high measure of variance with regard to territory and function. The book analyses the reforms undertaken to bring the EU ‘closer to the citizens’. It documents elements of democratization and the reduction of arbitrary power. However, democracy requires that the citizens can approve or reject the laws they are subjected to. Since the institutional and civic conditions under which a public justification process would be deemed legitimate are not in place, European post-national democracy remains an unaccomplished mission.Less
The widening and deepening of the European Union have brought to the fore the question of democracy at the European level. The system of domination already in place at the European level requires and aspires to direct legitimation—from the citizens themselves and not merely indirectly, from the member nation-states. Such can only be achieved by making the EU into a democratic polity. But can democracy be disassociated from its putative nation-state foundation? This book develops a revised concept of democratic legitimacy based on discourse theory. It is argued that post-national democracy requires a constitution but not necessarily a state. The Union amounts to less than a state but more than an international organization and a system of transnational governance. In the political theory of the multi-level constellation that makes up the EU, it is conceived of as a regional subset of an emerging cosmopolitan order. The EU is a state-less government. As it is not premised on group identity, it is able to accommodate a high measure of variance with regard to territory and function. The book analyses the reforms undertaken to bring the EU ‘closer to the citizens’. It documents elements of democratization and the reduction of arbitrary power. However, democracy requires that the citizens can approve or reject the laws they are subjected to. Since the institutional and civic conditions under which a public justification process would be deemed legitimate are not in place, European post-national democracy remains an unaccomplished mission.
Jennifer M. Welsh
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0010
- Subject:
- Political Science, International Relations and Politics
This concluding chapter assesses the debate over humanitarian intervention in the light of the events of September 11, 2001. On the one hand, it can be argued that 9/11 has reversed the momentum ...
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This concluding chapter assesses the debate over humanitarian intervention in the light of the events of September 11, 2001. On the one hand, it can be argued that 9/11 has reversed the momentum behind the norm of ‘sovereignty as responsibility’. In the course of waging the war on terrorism, the powers of sovereign states have been increased and the willingness of Western states to criticize the treatment of civilians within other sovereign jurisdictions appears to have weakened. On the other, there are three reasons why humanitarian intervention – and the issues associated with it – will continue to preoccupy scholars and statesmen in a post-September 11th world. First, the terrorist attacks of 2001 have reinforced the view that instability within or collapse of a state anywhere in the world can have implications that reach far wider than that particular region. Second, the debate about what constraints should be placed on the use of force – particularly those related to proper authority – are as relevant for the ‘war on terror’ as they are for humanitarian intervention. Finally, as the missions in Afghanistan in 2001 and Iraq in 2003 have shown, humanitarian rationale are all-important in justifying the use of force in international society, even when other motives are at work.Less
This concluding chapter assesses the debate over humanitarian intervention in the light of the events of September 11, 2001. On the one hand, it can be argued that 9/11 has reversed the momentum behind the norm of ‘sovereignty as responsibility’. In the course of waging the war on terrorism, the powers of sovereign states have been increased and the willingness of Western states to criticize the treatment of civilians within other sovereign jurisdictions appears to have weakened. On the other, there are three reasons why humanitarian intervention – and the issues associated with it – will continue to preoccupy scholars and statesmen in a post-September 11th world. First, the terrorist attacks of 2001 have reinforced the view that instability within or collapse of a state anywhere in the world can have implications that reach far wider than that particular region. Second, the debate about what constraints should be placed on the use of force – particularly those related to proper authority – are as relevant for the ‘war on terror’ as they are for humanitarian intervention. Finally, as the missions in Afghanistan in 2001 and Iraq in 2003 have shown, humanitarian rationale are all-important in justifying the use of force in international society, even when other motives are at work.
Andrew Hurrell
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780199233106
- eISBN:
- 9780191716287
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199233106.003.0003
- Subject:
- Political Science, International Relations and Politics
This chapter addresses three questions: what are the main features of the liberal solidarist conception of international society? What are the major forces and factors that not only explain the ...
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This chapter addresses three questions: what are the main features of the liberal solidarist conception of international society? What are the major forces and factors that not only explain the emergence of solidarist forms of international society but also demand that international society move further in this direction? In what ways has liberal solidarism complicated the search for legitimacy? It builds on earlier usages of the term solidarism, taking it as a composite label for a qualitatively different kind of international society, in which four dimensions are especially important: the move to institutions and expansion of global rule-making; changes in the making, development, and justification of international law; the increasing emphasis placed on the enforcement of international norms and rules; and a changed understanding of the state and of state sovereignty. It is shown that all political orders struggle with the trade-offs amongst the different dimensions of legitimacy. They dominate politics even within the most well-established example of governance beyond the state, namely in Europe.Less
This chapter addresses three questions: what are the main features of the liberal solidarist conception of international society? What are the major forces and factors that not only explain the emergence of solidarist forms of international society but also demand that international society move further in this direction? In what ways has liberal solidarism complicated the search for legitimacy? It builds on earlier usages of the term solidarism, taking it as a composite label for a qualitatively different kind of international society, in which four dimensions are especially important: the move to institutions and expansion of global rule-making; changes in the making, development, and justification of international law; the increasing emphasis placed on the enforcement of international norms and rules; and a changed understanding of the state and of state sovereignty. It is shown that all political orders struggle with the trade-offs amongst the different dimensions of legitimacy. They dominate politics even within the most well-established example of governance beyond the state, namely in Europe.
George A. Bermann
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199245000
- eISBN:
- 9780191599996
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199245002.003.0008
- Subject:
- Political Science, European Union
Federal systems are about the distribution of legal and political power, but law is not only one of the currencies of federalism, it is also one of federalism's most important supports; this chapter ...
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Federal systems are about the distribution of legal and political power, but law is not only one of the currencies of federalism, it is also one of federalism's most important supports; this chapter considers the role that law plays in establishing and enforcing the system by which both legal and political power are distributed within the USA and the EU. Bermann explores the various ways in which the courts can, and choose to, enforce the principles of federalism beyond the classical ‘political’ and ‘procedural’ safeguards provided by the institutional structures themselves and the constraints on the deliberative process. He describes the reluctance on the part of courts on both sides to police the borders of enumerated competences, assess the ‘necessity’ of federal action, or carve out the ‘core’ of state sovereignty, all of which are ways of ‘second‐guessing’ the political process; he then points to the recent emphasis of the USA Supreme Court on what he calls the ‘relational’ aspects of federalism, whereby courts can identify ‘forbidden interfaces’ between State and federal governments, even without specific constitutional grounds. Bermann uses the examples of sovereign immunity and of anti‐commandeering to illustrate the manner in which court‐enforced constraints on the manner in which different levels of government interact can protect and promote democratic accountability in the USA. In contrast, European Union law offers no protection against risks to democracy from commandeering, but more broadly relies almost exclusively on the representation of member states and sub‐national units in the Council as structural political safeguards.Less
Federal systems are about the distribution of legal and political power, but law is not only one of the currencies of federalism, it is also one of federalism's most important supports; this chapter considers the role that law plays in establishing and enforcing the system by which both legal and political power are distributed within the USA and the EU. Bermann explores the various ways in which the courts can, and choose to, enforce the principles of federalism beyond the classical ‘political’ and ‘procedural’ safeguards provided by the institutional structures themselves and the constraints on the deliberative process. He describes the reluctance on the part of courts on both sides to police the borders of enumerated competences, assess the ‘necessity’ of federal action, or carve out the ‘core’ of state sovereignty, all of which are ways of ‘second‐guessing’ the political process; he then points to the recent emphasis of the USA Supreme Court on what he calls the ‘relational’ aspects of federalism, whereby courts can identify ‘forbidden interfaces’ between State and federal governments, even without specific constitutional grounds. Bermann uses the examples of sovereign immunity and of anti‐commandeering to illustrate the manner in which court‐enforced constraints on the manner in which different levels of government interact can protect and promote democratic accountability in the USA. In contrast, European Union law offers no protection against risks to democracy from commandeering, but more broadly relies almost exclusively on the representation of member states and sub‐national units in the Council as structural political safeguards.
Erik O. Eriksen
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199572519
- eISBN:
- 9780191722400
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572519.003.0001
- Subject:
- Political Science, European Union, Democratization
This Introduction spells out some of the supranational aspects of the multi-level constellation that makes up the European Union, which distinguish it from an ordinary international organization. ...
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This Introduction spells out some of the supranational aspects of the multi-level constellation that makes up the European Union, which distinguish it from an ordinary international organization. Then, the presumption of democracy as the legitimation principle of power is outlined, and the question of why constitutionalism rather than state sovereignty comes to the fore in a post-Westphalian order is discussed. Thereafter, theories of European democracy are revisited and three different positions are outlined. Lastly, an overview of the following chapters is presented.Less
This Introduction spells out some of the supranational aspects of the multi-level constellation that makes up the European Union, which distinguish it from an ordinary international organization. Then, the presumption of democracy as the legitimation principle of power is outlined, and the question of why constitutionalism rather than state sovereignty comes to the fore in a post-Westphalian order is discussed. Thereafter, theories of European democracy are revisited and three different positions are outlined. Lastly, an overview of the following chapters is presented.
Daniel J. Elazar
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199245000
- eISBN:
- 9780191599996
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199245002.003.0002
- Subject:
- Political Science, European Union
Draws a contrast between the American and European experiences of union, the one built upon an indigenous American ideology, which may be properly termed federal democracy, and the other in which ...
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Draws a contrast between the American and European experiences of union, the one built upon an indigenous American ideology, which may be properly termed federal democracy, and the other in which federation was too great a step for post‐World War II Europe. The problem is that of integrating the federal vision with the modern conception of state sovereignty, and this has given rise to two systems that are roughly intended to serve the same purpose (the joining together of identifiable polities in a common enterprise within an embracing authoritative framework), although the nature of their respective unions is different: one federal and the other confederal. Addresses the manner in which these two systems became models by looking first at the theoretical history of the competition between statism and federalism in the modern and postmodern epochs (the latter of which is only beginning to take form). In the following sections, it goes on to look at the rejection of federalism in Europe, the EU as a confederation, subsidiarity as federal or hierarchical, the EU's Catholic cultural origins, the spread of confederal arrangements in the new European model, federalism and confederalism as forms of democratic government, and the current challenge for Europe.Less
Draws a contrast between the American and European experiences of union, the one built upon an indigenous American ideology, which may be properly termed federal democracy, and the other in which federation was too great a step for post‐World War II Europe. The problem is that of integrating the federal vision with the modern conception of state sovereignty, and this has given rise to two systems that are roughly intended to serve the same purpose (the joining together of identifiable polities in a common enterprise within an embracing authoritative framework), although the nature of their respective unions is different: one federal and the other confederal. Addresses the manner in which these two systems became models by looking first at the theoretical history of the competition between statism and federalism in the modern and postmodern epochs (the latter of which is only beginning to take form). In the following sections, it goes on to look at the rejection of federalism in Europe, the EU as a confederation, subsidiarity as federal or hierarchical, the EU's Catholic cultural origins, the spread of confederal arrangements in the new European model, federalism and confederalism as forms of democratic government, and the current challenge for Europe.
Rana Mitter
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780199251209
- eISBN:
- 9780191599293
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199251207.003.0009
- Subject:
- Political Science, International Relations and Politics
Mitter's study argues that until the late Qing, concepts of international order and justice were alien to China's imperial rulers. Subsequently, however, in the nineteenth and early twentieth ...
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Mitter's study argues that until the late Qing, concepts of international order and justice were alien to China's imperial rulers. Subsequently, however, in the nineteenth and early twentieth centuries, China perceived itself to be the victim in an unjust world of aggressive, powerful, Western states. Contemporary Chinese perceptions of a just international order have been shaped by such past experiences and encompass a strong element of restitution. Its justice claims start with the Chinese state itself rather than with the needs of a broader global community.Less
Mitter's study argues that until the late Qing, concepts of international order and justice were alien to China's imperial rulers. Subsequently, however, in the nineteenth and early twentieth centuries, China perceived itself to be the victim in an unjust world of aggressive, powerful, Western states. Contemporary Chinese perceptions of a just international order have been shaped by such past experiences and encompass a strong element of restitution. Its justice claims start with the Chinese state itself rather than with the needs of a broader global community.
Adam Roberts
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780199251209
- eISBN:
- 9780191599293
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199251207.003.0003
- Subject:
- Political Science, International Relations and Politics
This chapter examines the order/justice issue within the institutionalized context of the UN. It asks whether the UN and its members have achieved a substantive consensus on the content of ...
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This chapter examines the order/justice issue within the institutionalized context of the UN. It asks whether the UN and its members have achieved a substantive consensus on the content of international justice, and concludes that the underlying tension evident in the UN Charter between rules designed to bolster interstate stability and those aimed at the promotion of justice still persist. Nevertheless, it also argues that the pursuit of various justice issues has long been seen as a legitimate part of UN activities; thus, despite the controversies such activities generate, the UN's interest in justice issues will continue.Less
This chapter examines the order/justice issue within the institutionalized context of the UN. It asks whether the UN and its members have achieved a substantive consensus on the content of international justice, and concludes that the underlying tension evident in the UN Charter between rules designed to bolster interstate stability and those aimed at the promotion of justice still persist. Nevertheless, it also argues that the pursuit of various justice issues has long been seen as a legitimate part of UN activities; thus, despite the controversies such activities generate, the UN's interest in justice issues will continue.
Simona Piattoni
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199562923
- eISBN:
- 9780191721656
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562923.003.0001
- Subject:
- Political Science, Comparative Politics, European Union
This chapter argues that, in the current context of weakening state sovereignty, multi‐level governance is a useful descriptor of changes that take place on different analytical axes, each describing ...
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This chapter argues that, in the current context of weakening state sovereignty, multi‐level governance is a useful descriptor of changes that take place on different analytical axes, each describing a different challenge to the national state. It further argues that, to become fully employable as a theory of political mobilization, policy‐making, and polity structuring, MLG needs to overcome three challenges: (1) a theoretical challenge that requires analysis and clarification of the concept of MLG; (2) an empirical challenge that establishes the realm of application of MLG and detects its causes and consequences; (3) a normative challenge that discusses the legitimacy of MLG arrangements and decisions. It concludes by describing the structure of the book.Less
This chapter argues that, in the current context of weakening state sovereignty, multi‐level governance is a useful descriptor of changes that take place on different analytical axes, each describing a different challenge to the national state. It further argues that, to become fully employable as a theory of political mobilization, policy‐making, and polity structuring, MLG needs to overcome three challenges: (1) a theoretical challenge that requires analysis and clarification of the concept of MLG; (2) an empirical challenge that establishes the realm of application of MLG and detects its causes and consequences; (3) a normative challenge that discusses the legitimacy of MLG arrangements and decisions. It concludes by describing the structure of the book.
Max. M Edling
- Published in print:
- 2003
- Published Online:
- January 2005
- ISBN:
- 9780195148701
- eISBN:
- 9780199835096
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195148703.003.0006
- Subject:
- Political Science, American Politics
Chapter 5 and the corresponding Ch. 10 in Part Three of the book provide background accounts of political development in the USA from the American War of Independence to the Philadelphia Convention, ...
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Chapter 5 and the corresponding Ch. 10 in Part Three of the book provide background accounts of political development in the USA from the American War of Independence to the Philadelphia Convention, and establish that, by 1787, Congress was marked by military weakness and financial insolvency. Here, the background is given to the conflict between the Federalists and the Antifederalists over the military clauses of the US Constitution, a conflict that is analyzed in Chs 6–8 (the debate over the fiscal clauses is analyzed in Part Three of the book). It is argued that two principles frustrated the ability of the Confederation Congress to provide the union with the military capacity it needed to function: first, the sovereignty of the states; and, second, the strong aversion in the American political tradition to a peacetime standing army. In the end, these principles led Congress to become passive in foreign affairs. Ends with an attempt to locate the Federalist demand for an improved military capacity of the national state not in the context of militarism, but in the context of the promotion of commerce.Less
Chapter 5 and the corresponding Ch. 10 in Part Three of the book provide background accounts of political development in the USA from the American War of Independence to the Philadelphia Convention, and establish that, by 1787, Congress was marked by military weakness and financial insolvency. Here, the background is given to the conflict between the Federalists and the Antifederalists over the military clauses of the US Constitution, a conflict that is analyzed in Chs 6–8 (the debate over the fiscal clauses is analyzed in Part Three of the book). It is argued that two principles frustrated the ability of the Confederation Congress to provide the union with the military capacity it needed to function: first, the sovereignty of the states; and, second, the strong aversion in the American political tradition to a peacetime standing army. In the end, these principles led Congress to become passive in foreign affairs. Ends with an attempt to locate the Federalist demand for an improved military capacity of the national state not in the context of militarism, but in the context of the promotion of commerce.
H. Wolfgang Reincke and Jan Martin Witte
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199270989
- eISBN:
- 9780191707704
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199270989.003.0004
- Subject:
- Law, Public International Law
This chapter presents two essays on the current challenges to the global system and what they may mean for the future of international law. The first essay discusses the differences between ...
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This chapter presents two essays on the current challenges to the global system and what they may mean for the future of international law. The first essay discusses the differences between interdependence and globalization in economic activities and the impact of economic globalization on state sovereignty and the international legal order. The second essay expands the discussion and looks at the globalization of other issue areas and the role of non-binding norms in the light of current trends.Less
This chapter presents two essays on the current challenges to the global system and what they may mean for the future of international law. The first essay discusses the differences between interdependence and globalization in economic activities and the impact of economic globalization on state sovereignty and the international legal order. The second essay expands the discussion and looks at the globalization of other issue areas and the role of non-binding norms in the light of current trends.
Alexander Orakhelashvili
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199546220
- eISBN:
- 9780191720000
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546220.003.0003
- Subject:
- Law, Public International Law
This chapter focuses on the essence of determinacy of legal rules, and the degrees of their indeterminacy as can be met in international judicial practice. If rules are indeterminate, this opens the ...
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This chapter focuses on the essence of determinacy of legal rules, and the degrees of their indeterminacy as can be met in international judicial practice. If rules are indeterminate, this opens the way for arguing that law is influenced by politics, and that rules can be subjectively interpreted. This would not support the consistency and effectiveness of legal regulation. After examining how tribunals can respond to alleged indeterminacy of rules, the chapter examines in detail how legal argument relates to political argument in the international legal system, and how legal obligation relates to the residual sovereignty of States. These issues are crucial for examining how interpretation works in the subsequent chapters, from Chapter 9 onwards.Less
This chapter focuses on the essence of determinacy of legal rules, and the degrees of their indeterminacy as can be met in international judicial practice. If rules are indeterminate, this opens the way for arguing that law is influenced by politics, and that rules can be subjectively interpreted. This would not support the consistency and effectiveness of legal regulation. After examining how tribunals can respond to alleged indeterminacy of rules, the chapter examines in detail how legal argument relates to political argument in the international legal system, and how legal obligation relates to the residual sovereignty of States. These issues are crucial for examining how interpretation works in the subsequent chapters, from Chapter 9 onwards.
