Globalization and Sovereignty: Rethinking Legality, Legitimacy, and Constitutionalism

ISBN-13: 9780521765855 / Angielski / Twarda / 2012 / 456 str.

Jean L Cohen

Opis

Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyses the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprising an international society of states and a global political community in which human rights and global governance institutions affect the law, policies and political culture of sovereign states. She advocates the constitutionalisation of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians and theorists of constitutionalism.

Recenzje

'… this book is a very impressive achievement and well worth reading by anyone interested in the debates on global governance, international law and constitutionalism, and reform of the UN system. The author does a superb job in weaving together some of the diffuse and often somewhat inaccessible bodies of literature that together present the complex picture of scholarly understandings of the future of global governance.' Gráinne de Búrca, Global Law Books

Spis treści

Introduction; 1. Sovereignty in the context of globalization: a constitutional pluralist approach; 2. Constitutionalism and political form: rethinking federation; 3. International human rights, sovereignty and global governance: toward a new political conception; 4. Sovereignty and human rights in 'post conflict' constitution-making: toward a jus post-bellum for 'interim occupations'; 5. Security council activism in the 'war on terror': legality and legitimacy reconsidered; Conclusion.