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1
Yakoviyk, Ivan, Yevhen Bilousov, and Kateryna Yefremova. "EUROPEAN INTEGRATION AS A CHALLENGE FOR THE IMPLEMENTATION OF ECONOMIC STATE SOVEREIGNTY." Access to Justice in Eastern Europe 5, no. 3 (August 13, 2022): 8–18. http://dx.doi.org/10.33327/ajee-18-5.2-a000330.
Анотація:
One of the most significant modern examples of political and economic integration for Ukraine is the EU, given the plan for European integration. In gaining membership in this integration entity, states face the issue of delegating their powers to the Union. The issue of modification of state sovereignty in the context of the EU’s relations with member states and candidate countries for EU membership is acute, which raises concerns about the forced restrictions on their state economic sovereignty. The methodological basis of the study are such general-science and special methods as historical-legal, dialectical, comparative-legal, and others. The historical-legal method was used to study the genesis of the content of the legal categories of ‘economic sovereignty’, ‘sovereign debt’, and the stages of European integration. The usage of the dialectical method provided a comprehensive study of the process of forming EU economic policy, as well as defining the ratio between the categories of ‘economic sovereignty restriction’ and ‘restriction of sovereign economic rights of the state’. By using the comparative-legal method, the paper reveals the specifics of the approaches of individual states to the legal regulation of relations to ensure economic sovereignty and economic security of the state. The study, based on the experience of the new EU member states, has shown that European integration as a whole contributes to changing the volume of sovereign powers of states during the implementation of economic state sovereignty. However, the authors conclude that such a process is twofold: on the one hand, factors that objectively reduce the economic sovereignty of countries through the delegation of their sovereign rights are increasing, and, on the other, most states voluntarily and consciously accept such restrictions to obtain economic, political, and social benefits.
2
Philpott, Daniel. "Usurping the Sovereignty of Sovereignty?" World Politics 53, no. 2 (January 2001): 297–324. http://dx.doi.org/10.1353/wp.2001.0006.
Анотація:
Stephen Krasner's Sovereignty and Michael Ross Fowler and Julie Marie Bunck's Law, Power, and the Sovereign State together pose the deepest challenge yet to the assumption of sovereignty in international relations scholarship. Both claim not merely that state sovereignty is now compromised but also that it has always been severely truncated, violated, and curtailed. Both works contribute importantly to the field by amassing and cataloging formidable evidence of compromises of sovereignty. Yet by failing to provide a yardstick by which to compare these compromises with states' comparative respect for sovereignty, both works ultimately fail to sustain their thesis. Both also overlook the constitutive dimension of sovereignty, a dimension whose acknowledgment would render sovereignty far more stable than either admits. By contrast, a third work, Rodney Bruce Hall's National Collective Identity, commendably explores the constitutive role of sovereignty and applies it to the development of the nation-state system. The strengths and weaknesses of all three works help set an agenda for future scholarship on sovereignty.
3
Smith, Leonard. "The Wilsonian Challenge to International Law." Journal of the History of International Law / Revue d'histoire du droit international 13, no. 1 (2011): 179–208. http://dx.doi.org/10.1163/157180511x552081.
Анотація:
AbstractAfter the Great War, Woodrow Wilson challenged the foundations of international law based on fully sovereign states. “Wilsonianism” as elaborated in the Fourteen Points, and in other speeches, rested on a logic that made a universalized liberal individual the locus of sovereignty in the new world order. The truly radical implications of Wilsonianism had no sterner critic than Robert Lansing, Wilson's secretary of state and one of the founders of the American Journal of International Law. Lansing held tenaciously to a positivist paradigm of international law as it had evolved by the early twentieth century. This article reconsiders the conflict between Wilson and Lansing not so much as a duel between individuals as a duel between conflicting conceptions of sovereignty and the purpose of international law in the new world order.
4
Cooper, Julie E. "Spinoza vs. the Kahal: The Zionist Critique of Spinoza’s Politics." Jewish Social Studies 29, no. 2 (March 2024): 94–127. http://dx.doi.org/10.2979/jss.00010.
Анотація:
Abstract: The 1920s and 30s witnessed an explosion of interest in Spinoza among Zionist intellectuals. The reflexive equation of nation and state has led scholars to conclude that Zionists were drawn to Spinoza because he justified state sovereignty. This assumption is mistaken. Eastern European Zionists rejected Spinoza’s sovereignty-centered political thought—precisely because it denies political standing to non-sovereign bodies such as the kahal. Drawing on diasporic history, Spinoza’s Zionist critics elaborated a distinctive political vision that prized national autonomy but did not equate self-rule with sovereign power. I foreground Zionist repudiation of Spinozist sovereignty to challenge reigning assumptions about the ideological sources of non-sovereign politics. Theorists influenced by German Jewish thought have predicated the cultivation of non-sovereign political imagination on a disavowal of nationalism. This opposition—between diaspora and nation, between nationalism and non-sovereignty—is false. In eastern Europe, nationalist figurations of galut (exile) have long inspired non-sovereign, non-Spinozist political imaginaries.
5
Pitty, Roderic, and Shannara Smith. "The Indigenous Challenge to Westphalian Sovereignty." Australian Journal of Political Science 46, no. 1 (March 2011): 121–39. http://dx.doi.org/10.1080/10361146.2010.546336.
6
Cochran, Molly. "Postmodernism, ethics and international political theory." Review of International Studies 21, no. 3 (July 1995): 237–50. http://dx.doi.org/10.1017/s026021050011767x.
Анотація:
A group of writers have taken up Nietzsche's hammer against the constructions of contemporary international theory. Postmodern approaches problematize the dominant understanding of international relations as a world of sovereign states which demarcate inside from outside, order from anarchy, identity from difference. More generally, they challenge the notion of sovereignty as an ahistorical, universal, transcendent concept, be it applied to the sovereign state, the sovereign individual or a sovereign truth. Sovereignty and the dichotomies regulated by its power are mechanisms of domination and closure which limit the play of political practice. It is the aim of these writers to hammer away at these limitations, opening space for plural and diverse practices in world politics.
7
Miranda, J. V. "Bound by Sovereignty." English Language Notes 58, no. 2 (October 1, 2020): 136–50. http://dx.doi.org/10.1215/00138282-8558023.
Анотація:
Abstract Recently scholars have called for an Indigenous turn in medieval studies that challenges the historical assumptions of the field by actively engaging in a decolonial and anticolonial praxis. This essay argues that this turn must confront the problem of reciprocity that arises from distinct Indigenous and medieval articulations of sovereignty, which reveal the potential of this tenuous intersection despite the possibility of irreconcilable antagonisms. Tracing sovereignty—specifically through a “politics of recognition” as proposed by the Yellowknives Dene scholar Glen Coulthard—in Dante’s Monarchia (and Paradiso) and Leslie Marmon Silko’s Ceremony provides an analytic example of this comparative framework, since both authors challenge readers to question the imposition of authority and the logics that legitimate and justify dominant forms of governance. Yet Dante and Silko also draw on distinct articulations of sovereignty that suggest the limitations of decolonial and anticolonial praxis within a field bound to a Western episteme that underwrites colonial and imperial authority.
8
de Caria, Riccardo. "Blockchain-Based Money as the Ultimate Challenge to Sovereignty." European Journal of Comparative Law and Governance 6, no. 2 (June 3, 2019): 131–45. http://dx.doi.org/10.1163/22134514-00602004.
Анотація:
The article considers the radical challenge that blockchain, and in particular the blockchain-based cryptocurrency Bitcoin, poses to state sovereignty. If blockchain ever succeeds to be adopted on a large scale, Bitcoin, or any other permissionless blockchain-based cryptocurrency for that matter, is a direct threat to one of the key tenets of sovereignty: the monopoly over money. Without this traditional monopoly, states will not be able to exist as they have so far. Building on this premise, the article argues that blockchain-based money is currently posing a serious challenge to state sovereignty and could therefore reshape public law. This article also contends that Bitcoin in particular might collapse for technical reasons. However, if Bitcoin proves to be resilient enough to resist ongoing legal challenges, then the very “basic norm” of our legal systems will arguably change.
9
Persico, Tomer. "Halakha and the challenge of Israeli sovereignty." Journal of Israeli History 37, no. 2 (July 3, 2019): 282–84. http://dx.doi.org/10.1080/13531042.2019.1717752.
10
Lumbard, Joseph E. B. "Islam and the Challenge of Epistemic Sovereignty." Religions 15, no. 4 (March 26, 2024): 406. http://dx.doi.org/10.3390/rel15040406.
Анотація:
The search for knowledge has been central to the Islamic tradition from its inception in the Quran and the sayings of the Prophet Muhammad (aḥādīth). The injunctions to obtain knowledge and contemplate the signs of God in all things undergird a culture of ultimate questions in which there was an underlying epistemic unity among all fields of knowledge, from the religious sciences to the intellectual sciences to the natural sciences. Having lost sight of the underlying metaphysic that provides this epistemic unity, many thinkers in the modern period read the classical Islamic texts independently of the cognitive cartography and hierarchy of which they are a part. This approach leads to further misunderstandings and thus to a sense of hermeneutical gloom and epistemic subordination characteristic of coloniality. Postcolonial theory provides effective tools for diagnosing the process by which this epistemic erosion produces ideologically and epistemically conscripted subjects. But as it, too, arises from within a secular frame, it is only by understanding the cognitive cartography of the sciences within Islam that epistemic confidence and sovereignty can be reinstated.
11
Ivic, Sanja, and David Ramiro Troitiño. "Digital Sovereignty and Identity in the European Union: A Challenge for Building Europe." European Studies 9, no. 2 (December 1, 2022): 80–109. http://dx.doi.org/10.2478/eustu-2022-0015.
Анотація:
Abstract Summary This paper aims at showing how the concepts of national sovereignty and national identity are challenged by the digital revolution. In the age of modernism, both concepts were defined as a condition for society’s loyalty to the political framework, but this long-established format changed with the new technologic developments. The digital revolution requires a postmodern – heterogeneous and fluid – idea of identity, as well as a post-modern idea of sovereignty, which is non-territorial, neither hierarchical. Therefore, the postmodern idea of sovereignty and the concept of identity are significant for the development of the concepts of digital sovereignty and European digital identity.
12
Walker, R. B. J. "Security, Sovereignty, and the Challenge of World Politics." Alternatives: Global, Local, Political 15, no. 1 (January 1990): 3–27. http://dx.doi.org/10.1177/030437549001500102.
13
Zemanek, Karl. "Globalization versus Sovereignty: A Challenge to International Law." Austrian Review of International and European Law Online 21, no. 1 (March 17, 2019): 73–99. http://dx.doi.org/10.1163/15736512-02101004.
14
Allam, ,. Wael. "Sovereignty as a challenge to food supply security." المجلة المصرية للقانون الدولى 59, no. 59 (December 1, 2003): 531–55. http://dx.doi.org/10.21608/ejil.2003.302387.
15
BENHABIB, SEYLA. "The new sovereigntism and transnational law: Legal utopianism, democratic scepticism and statist realism." Global Constitutionalism 5, no. 1 (March 2016): 109–44. http://dx.doi.org/10.1017/s2045381716000010.
Анотація:
Abstract:This article examines the contemporary debate about the spread of transnational law and its sovereigntist critiques. Sovereigntists argue that the rapid development of international and transnational treaties and the emergence of regional human rights courts such as the European Court of Human Rights (ECtHR) undermine sovereignty and thus pose a threat to democratic self-determination. I criticise the new sovereigntism and argue that transnational human rights strengthen rather than weaken democratic sovereignty, and name processes through which rights-norms are contextualised in polities ‘democratic iterations’. I develop the ‘authorship model of democratic legitimacy’ in order to show how constitutional rights and international human rights can be understood to be in harmony and dissonance with one another. The challenge is to think beyond the binarisms of the cosmopolitan versus the civic republican; democratic versus the international and transnational; democratic sovereignty versus human rights law. Distinguishing between state sovereignty and popular sovereignty enables us to do so. By constraining certain sovereign powers of the state, international human rights regimes and courts can enhance popular sovereignty in that they strengthen the rights of the marginalised and the excluded. The article also briefly touches upon the significance of the Alien Tort Statute in US courts from the standpoint of the development of international human rights norms and focuses onHirst v the United Kingdom, recently adjudicated by the ECtHR, to substantiate the distinction between state and popular sovereignty.
16
Yoshimori, Masaaki. "Rising global economic power by China to challenge new global order." SocioEconomic Challenges 7, no. 2 (2023): 21–30. http://dx.doi.org/10.21272/sec.7(2).21-30.2023.
Анотація:
This paper’s arguments guide Chinese political economy. This analytical idea is based on Rodrik’s political-economy trilemma: global economic integration, democracy, and national sovereignty. Chinese policymakers face a trade-off among three policy goals: (hyper-) globalization, democracy, and national sovereignty. China’s President Xi and the Chinese Communist Party (CCP) have chosen global economic integration and national sovereignty (fewer human rights). To reflect the analytical idea, which can measure the length of a vector, is a mathematics methodology. As a result, Chinese political events such as the Great Proletarian Cultural Revolution in 1966, the death of Mao Zedong in 1976, and the choice of Chinese President Xi Jinping as General Secretary of the Communist Party in 2012 had an impact on reshaping when the length of vector (the sphere’s radius of 2) was more than 2. The future direction of China will lead to a “Golden Straitjacket.” The “Golden Straitjacket.” makes a country push forward trade liberalization and national sovereignty — i.e., democracy is constrained. Chinese policy has changed to stronger centralization of political power and decision-making for President Xi and the CCP. Also, China expands a global economic integration and national sovereignty. However, China needs to contribute to globalization without causing more conflicts to Western countries. In other words, China should be loath to relinquish the individual and national benefits of integrated international economies. “Fast and furious” is the first step of globalization for a peaceful world.
17
Stec, Stephen. "Humanitarian Limits to Sovereignty: Common Concern and Common Heritage Approaches to Natural Resources and Environment." International Community Law Review 12, no. 3 (2010): 361–89. http://dx.doi.org/10.1163/187197310x513743.
Анотація:
AbstractThe Peace of Westphalia released forces leading to the Industrial Revolution, ultimately freeing sovereign states to develop competing systems of economic development that had in common the uncontrolled exploitation of the environment. Over time, a law of humanity developed in response to the failings of a law of sovereign states in two main spheres: that of the dignity of the individual and that of matters of “common concern” that require a global, humanitarian response. Environmental issues have moved to the forefront of the latter, as can be demonstrated by an examination of terms used in international law to describe environmental matters, and have given rise to new forms of international and transnational cooperation. By being reminded that humanitarian issues of common concern were at the root of the Westphalian shift itself, we see that it is the radical form of sovereignty that developed in the 19th and 20th centuries that in fact proved inadequate. The key questions, therefore, are what the global environmental challenge teaches us about the potential for sovereignty to be “reclaimed” for humanity, and how and whence authoritative norms to modulate sovereignty will arise.
18
Varley, Karine. "Defending sovereignty without collaboration: Vichy and the Italian Fascist threats of 1940–1942." French History 33, no. 3 (September 2019): 422–43. http://dx.doi.org/10.1093/fh/crz064.
Анотація:
Abstract This article asks how Vichy sought to defend French sovereignty against Italian threats across those unoccupied areas of France and its colonial empire which were covered by the Italian armistice between June 1940 and November 1942. It suggests that, while Vichy’s response to German violations of French sovereignty was limited by its policy of collaboration, no such constraints were in place when it came to Italian interventions. Despite this, however, the defence of French sovereignty against Italian threats was not a straightforward story of defiance. Opposing Italian actions in one policy domain in one territory had to be weighed against the potential repercussions in another policy domain in another territory. It also had to be calibrated with the implications for French relations with Berlin. The Italian dimension to Vichy’s actions therefore suggests that the biggest challenge in negotiations was not Vichy’s desire to defend its sovereign status so much as the lure of collaboration.
19
Linden-Retek, Paul. "The subjects of spatial statism: Reclaiming politics and law in international entanglement: Afterword to the Foreword by Ran Hirschl and Ayelet Shachar." International Journal of Constitutional Law 18, no. 1 (January 2020): 36–44. http://dx.doi.org/10.1093/icon/moaa011.
Анотація:
Abstract In their Foreword, Hirschl and Shachar challenge the supposed contemporary decline of state sovereignty and describe the enduring and expansive spatial reach of state power to counter threats to sovereign territorial control. This Afterword looks into the normative foundations of this account and its consequences for public international law and for international courts, in particular. “Spatial statism” exposes, I argue, a disjunction between the concepts of state sovereignty and popular sovereignty—and thus disrupts the normative expectation that those subject to the law are also its authors. It is this expectation that international judicial review must seek to restore. The attempt to do so is burdened by analytical and practical difficulties. But the project, I argue, is essential. In confronting the new “spaces” of international entanglement, judges must redeem the idea that citizens might yet reclaim those entanglements as a “common world,” not just a space in which they are brought together, unfreely, under the mantle of state coordination and coercion.
20
Romanova, Tatiana A., and Gleb V. Kotsur. "Sovereignty as a way out of collective anxiety: the EU’s discourse on money, health, and food." Obshchestvennye nauki i sovremennost, no. 4 (December 15, 2023): 68–80. http://dx.doi.org/10.31857/s0869049923040056.
Анотація:
The European Union (EU) has developed as an actor that overcomes national sovereignty in global politics. Yet, as of 2017, the EU has used the “sovereignty” category at the supranational level, both in general and in combination with “sectoral” adjectives. The objective of research is to demonstrate that the use of “sectoral sovereignty” can be examined as the EU’s work with collective anxiety, which results from various challenges that can hardly be controlled. The anxiety is examined in the context of emotion culture with the focus on public images of sentiments whereas the incorporation of sovereignty in the EU’s discourse comes out as a “self-identification with an aggressor” - with something that has previously been viewed as a threat to integration. In the EU’s discourse “sovereignty” means a set of actions targeted at drawing a border between the internal and the external, at establishing higher autonomy. Three cases are examined with the help of discourse analysis: challenge of technological companies and monetary sovereignty; pandemic threat and health sovereignty; problems in global agricultural trade and food sovereignty. In each case elements of the EU’s collective anxiety are described; sovereignty as a system of actions to address anxiety is identified; the overall support for this work in the EU is revealed. The conclusions are drawn on when and where “sectoral” sovereignty helps the EU to limit its anxiety. Yet, the successful incorporation of sovereignty in the EU’s discourse does not mean a complete overcoming of anxiety; instead, dialectic relations between collective anxiety and sovereignty emerge.
21
MUHAMMAD SAERI, DR MUHAMMAD SAERI, M. HUM. "CHALLENGE IN SECURITY ARRANGEMENT OF MELAKA STRAITS." Indonesian Journal of International Relations 3, no. 2 (March 16, 2020): 17–29. http://dx.doi.org/10.32787/ijir.v3i2.85.
Анотація:
ABSTRACT
Melaka Strait is a border area of some South East Asia countries, especially three countires which get in touch directly with this area that are Indonesia, Malaysia, and Singapore. Melaka Strait as a suit region for the three countries has strategik position in many aspects, especially ideology, security, and economiy. According to idiological aspect Melaka Strait is a part of teritory of the three countries which dealing with their sovereignty. Based on this principal, Indonesia and Malaysia considered that Malaka Strait is integrate to the sovereignty of these coutries, so that security arrangement of the strait should submit to the regulation authority of the both coutries. In difference side, Singapore considers that security management of Melaka Strait is not dealing with states sovereignty, and put Malaka Straits into international security management will never disturb the sovereignty of the coutries surrounding the strait. Singapore believe that international cooperation of Malaka Strait management with others maritime power is needed. Considered to security aspect, Melaka Straits is one of regions with high risk and high cases robbery in the world. Until this time Indonesia , Malaysia, and Singapore are not able perfectly yet to stop the robbery strike problems in Melaka Straits. The development of political scurity today also put Melaka Straits into open position to get negative impact of South Cina Sea konflict dealing with Spratly Islands between Cina and several ASEAN countries. Malaka Straits also came open to be a target of terrorisme attact, althou real indication to this case is not found yet. Melaka Straits considered to economy aspect, is a crowded shipping line area which passed through by international voyages. As an international trading line this straits conduct significant role as a supporting factor of world economy development. The strategik position of Malaka straits give a very big impact to economy development of countries surrounding this area. According to this important role, so that security of Melaka Straits should to become reality, and this matter is challenge to Indonesia, Malaysia, and Singapore.
22
Mendelsohn, Barak. "Sovereignty under attack: the international society meets the Al Qaeda network." Review of International Studies 31, no. 1 (January 2005): 45–68. http://dx.doi.org/10.1017/s0260210505006297.
Анотація:
This article examines the complex relations between a violent non-state actor, the Al Qaeda network, and order in the international system. Al Qaeda poses a challenge to the sovereignty of specific states but it also challenges the international society as a whole. This way, the challenge that Al Qaeda represents is putting the survival of the system under risk. Consequently it requires that the international society will collectively respond to meet the threat. But challenges to both the practical sovereignty of states and to the international society do not have to weaken the system. Instead, such challenges if handled effectively may lead to the strengthening of the society of states: a robust international society is dynamic and responsive to threats. Its members could cooperate to adapt the principles and the institutions on which the system is founded to new circumstances. Through its focus on the preservation qualities of the international society this article also reinforces the significance of the English School to the study of international relations. It raises important questions that could be answered in the framework of the English School.
23
Barba, Marcela, and Fernando Egert. "Media, political disinformation and the challenge of informational sovereignty." Compolítica 12, no. 3 (June 5, 2023): 139–56. http://dx.doi.org/10.21878/compolitica.2022.12.3.658.
24
Hemberger, Suzette. "A Government Based on Representations." Studies in American Political Development 10, no. 2 (1996): 289–332. http://dx.doi.org/10.1017/s0898588x00001504.
Анотація:
In the course of the debates over the ratification of the U.S. Constitution, no one disputed that the people were sovereign, but how this sovereignty was to be embodied proved quite controversial. The post-Revolutionary generation faced the challenge of creating a republican form of government from an oppositional popular politics. Federalists responded by claiming for their Constitution, and for the national government it created, a monopoly on the legitimate representation of the people. They championed the official over the popular and invoked the idea of the nation to authorize this transfer of authority. It was a transfer that would not go unchallenged, and, as a result, the constitutional politics of the early republic repeatedly posed the question of whether popular sovereignty could survive the transformation of the demos into a nation.
25
Cutler, Brock. "Believe in the Border, or, How to Make Modernity in the Nineteenth-Century Maghrib." Journal of the Economic and Social History of the Orient 60, no. 1-2 (January 9, 2017): 83–114. http://dx.doi.org/10.1163/15685209-12341420.
Анотація:
The Algerian-Tunisian frontier zone was much contested in the late nineteenth century, defying the logic of modernity that sought to establish territoriality. This modernity appeared only through an imbrication of raids, warfare, environmental shifts, and competing territorial claims. The violence of the territorial process, the changing geography of sovereignty, and uncertain frontier delimitation: these and other elements challenge the image of modernity arising in a fixed territory according to a linear chronology. This article argues that modernity in the Maghrib, seen through the lens of territory, is a temporally and spatially variable process: “modern” sovereign power existed only at certain levels of abstraction and within certain environmental relations. To consider modernity in the Maghrib, we will have to see how claims of sovereignty and the process of territorialization were understood by actors operating on local, regional, and imperial scales.
26
Deng, Francis M. "Divided Nations and the Challenges of Protection." Global Responsibility to Protect 3, no. 4 (2011): 438–50. http://dx.doi.org/10.1163/187598411x602026.
Анотація:
AbstractThe international community confronts a major gap between the ideals propounded by the United Nations and the realities on the ground that often negate those ideals. The lofty principles of peace, security, prosperity and respect for fundamental rights and civil liberties stand in sharp contrast with identity-based conflicts. These conflicts emanate not from mere difference, but from acute divisions within nations and the gross inequalities, discrimination, marginalization, and denial of rights associated with those divisions. When the international community tries to get involved to redress these domestic injustices, sovereignty is invoked as a barricade. Since military intervention to protect populations within countries is very costly in human and material terms, and although it cannot be ruled out under compelling circumstances, it is generally avoided. The challenge then becomes one of how to negotiate sovereignty, to engage governments in a constructive dialogue based on sovereignty as responsibility for state protection of its people, if necessary with the support of the international community. That is the challenge I have continued to confront in the various posts I've held throughout my career. That challenge constitutes the core message of this article.
27
Akbar, Ali, та Abdullah Saeed. "A Critique of the Concept of Ḥākimiyya: Nasr Hamid Abu Zayd’s Approach". Religions 13, № 11 (14 листопада 2022): 1100. http://dx.doi.org/10.3390/rel13111100.
Анотація:
This article seeks to demonstrate how the Egyptian scholar Nasr Hamid Abu Zayd (d. 2010) challenges the concept of divine sovereignty (ḥākimiyya), or the rule of God, developed during the twentieth century, primarily by Sayyid Qutb and Abul Ala Mawdudi—a concept that has inspired many Sunni Islamist movements. The article first explores key aspects of the concept of ḥākimiyya as presented by these two thinkers. Then, key components of Abu Zayd’s humanistic hermeneutics are explained briefly. The article argues that Abu Zayd uses this hermeneutic to challenge the concept of ḥākimiyya and the three main ideas associated with it: (1) the notion of divine sovereignty; (2) the associations between divine sovereignty, the Prophet, and the Qurʾān; and (3) the necessity of implementing Sharia. The article concludes that while challenging the concept of divine sovereignty, Abu Zayd argues for a political theory which seeks to de-politicize Islam—a theory which emphasizes that the state should take a neutral position toward the religious orientation of its citizens and the state law should not necessarily be derived from religious principles.
28
Senier, Siobhan. "Dawnland Voices 2.0: Sovereignty and Sustainability Online." Publications of the Modern Language Association of America 131, no. 2 (March 2016): 392–400. http://dx.doi.org/10.1632/pmla.2016.131.2.392.
Анотація:
Indigenous communities are marrying ecological humanities and digital humanities in ways that productively expand the definition of both terms. On the ecological side, indigenous activism argues for the sustainability and interdependence of the natural and the human. In this, it challenges many of the same things that ecocriticism challenges—the supremacy or distinctiveness of the human, anthropocentric notions of time—though such activism predates ecocriticism quite a bit. Many traditional indigenous narratives assert close affinity, even identity, between a people and their river, for instance, or a people and their animals, or people and trees; they were figuring nonhuman agency long before Bruno Latour. On the DH side, indigenous people are engaging electronic media outside major DH structures and funding. These insurgent engagements challenge the very definition of DH as a field (with its predilection for large-scale archives, metadata, and open access) while also raising questions about the sustainability of the digital itself. Despite the implicit teleologies still assumed by many people—from oral to written to digital—indigenous ecological digital humanities (EcoDH) never present themselves as the end point or answer. Rather, they are part of a vast and diverse communicative ecosystem that includes petroglyphs, living oral traditions, newsletters, wampum, sci-fi novels, baskets, and language apps.
29
Kostić, Dejana. "Proliferation of borders: On border policing, state, and sovereignty." Genero, no. 24 (2020): 159–91. http://dx.doi.org/10.5937/genero2024159k.
Анотація:
This article summarizes relevant literature in critical border studies and explores how contemporary changes in border policing and management affect the nature of the contemporary state and sovereignty. It asks: If it is not clear where exactly borders are, how does this impact our understanding of state sovereignty? How is the deterritorialization of borders challenging our understanding of territorial sovereignty? How is outsourcing "legitimate means of violence" to non-state actors on borders reshaping the state's authority? In dominant political and public discourse, borders are seen as a common and defining feature of modern statehood. The modern nation-state political theology has invested the monopoly of governance over borders exclusively to the state. However, contemporary border practices challenge such an idea. Ethnographic studies show that while borders are bound to the nation-state sovereign power, they are also sites where multiple actors come into play and are increasingly disentangled from the geopolitical lines on a map. Ethnographic focus provides insights into everyday workings of sovereign power, a topic often overloaded with abstraction and relegated to the realm of theory. However, while ethnographic studies about border control and management question the prevailing ideas about state and borders, these studies often remain trapped in statist logic and spatial assumptions of the modern territorial state. Considering the historical perspective and incorporating the analysis of economic processes on the state and border could help mitigate the shortcomings mentioned above.
30
Acharya, Amitav. "State Sovereignty after 9/11: Disorganised Hypocrisy." Political Studies 55, no. 2 (June 2007): 274–96. http://dx.doi.org/10.1111/j.1467-9248.2007.00664.x.
Анотація:
This article examines the implications of the 9/11 attacks and the US-led ‘global war on terror’ for debates about state sovereignty. To support its attacks on Afghanistan and Iraq, the Bush administration put forth a ‘selective sovereignty’ thesis that would legitimise intervention in states that are accused of supporting terrorists. This new rationale for intervention was paradoxically justified as a means of ensuring a ‘well-ordered world of sovereign states’, which had been imperilled by transnational terrorist networks. This article argues that the ‘selective sovereignty’ thesis exaggerates the challenge posed by terrorist organisations to Westphalian sovereignty, and understates the US's own unprincipled violation of its core norm of non-intervention. A related argument of this article is that on the face of it, the ‘selective sovereignty’ approach fits the notion of ‘organised hypocrisy’ put forward by Stephen Krasner, which refers to ‘the presence of long-standing norms [in this case non-intervention] that are frequently violated’ for the sake of some ‘higher principles’ – violations that are generally tolerated by the international community. But the higher principles evoked by the US to justify its war on Iraq, such as the human rights of the Iraqis, and democracy promotion in the Middle East, are now clearly seen to have been a façade to mask the geopolitical and ideological underpinnings of the invasion. In this sense, the war on terror has revived national security and naked self-interest as the principal rationale for intervention, notwithstanding the self-serving efforts by some Bush administration officials to ‘graft’ the ‘selective sovereignty’ thesis on to the evolving humanitarian intervention principle. This policy framework is hypocrisy for sure, but as the international response to the war on Iraq (including the lack of UN authorisation for the war and the transatlantic discord it generated) demonstrates, it should be viewed more as a case of ‘disorganised hypocrisy’.
31
Cobbett, Elizabeth, and Ra Mason. "Djiboutian sovereignty: worlding global security networks." International Affairs 97, no. 6 (November 1, 2021): 1767–84. http://dx.doi.org/10.1093/ia/iiab181.
Анотація:
Abstract The research problem this article addresses is whether the unique confluence of overseas security forces in a single territorial space through the leasing of land for foreign military bases compromises the state's sovereignty. We study Djibouti's practice of renting land to military powers from an analytical position that is diametrically opposed to the literature on the ‘scramble’ for Africa and often erroneous assumptions of an erosion of sovereignty. Using the concept of ‘worlding’, we argue in this article that instead of reading ‘military base diplomacy’ as eroding and undermining Djibouti's sovereignty, this case demonstrates the ways in which ‘the art of being global’ underpins new forms of territoriality and unexpected forms of locality in Africa. Consequently, we maintain that African experiences of sovereignty offer the challenges, along with the rewards, of greater analytical depth to International Relations scholarship while expanding our understanding of different empirical cases beyond the western-centric accounts of sovereignty in line with an abstract ideal that does not tell us much about the world, postcolonial experiences and global politics. Through a case-study approach, we focus specifically on the stark distinctions between Japan and China, which both have their respective first postwar overseas military bases in the country, and the Djiboutian state itself, in terms of how each are interpreting and practicing sovereignty to fit their own national narrative, international status and domestic legal frameworks. The findings challenge simplistic analyses of African states as victims of exploitative Great Powers, gradually and repeatedly being stripped of their sovereignty.
32
Fazal, Tanisha M. "Religionist Rebels & the Sovereignty of the Divine." Daedalus 147, no. 1 (January 2018): 25–35. http://dx.doi.org/10.1162/daed_a_00471.
Анотація:
Existing categorizations of rebel groups have difficulty classifying some of today's most vexing rebels–those, such as the Islamic State, that reject the Westphalian state system and depend on an almost entirely religious justification for their cause. Such rebel groups often have unlimited war aims and are unwilling to negotiate with the states whose sovereignty they challenge. In this essay, I present the new category of “religionist rebels.” I show that religionist rebels have been present throughout the history of the state system, and explore the particular challenges they pose in the civil war context. Religionist rebels are often brutal in their methods and prosecute wars that are especially difficult to end. But the nature of religionist rebellion also suggests natural limits. Thus, religionist rebels do not, ultimately, present a long-term threat to the state system.
33
Chekalenko, Liudmyla. "The Phenomenon of State Sovereignty: Past and Present." Diplomatic Ukraine, no. XXI (2020): 688–99. http://dx.doi.org/10.37837/2707-7683-2020-34.
Анотація:
The article examines the current condition of the status of state sovereignty, which is being gradually replaced by such social and political phenomenon as sovereignism. The author is convinced that the reason of its current rise is the weakening of sovereignty, the artificially made, legally enshrined, and not always successful mechanism of the state’s existence. Sovereignism became widely spread in the aftermath of World War II. The erstwhile world order in international relations rested upon state sovereignty, where the strong provided assistance to the weak in return for certain privileges, and the weak sought to find a protector of their sovereignty among the world’s leaders and international organisations. The author states any social phenomenon has to develop and evolve. This is also the case with sovereignty, an obsolete form of the state’s existence, which is searching for new variants of development on the global scale. Sovereignism may be regarded as a new pattern in the development of sovereignty and a means of weakening it. At the same time, it may be viewed as an impetus to strengthening sovereignty. Sovereignism has led to deadly wars and the influx of migrants all around the world; it is a hazardous challenge of the present. This fever of forgone political ambitions transcending state borders and spreading all over the globe is destructing established norms, traditions, and stability. Sovereignism is creating a new social identity in regions at war, which is a dangerous challenge for national security. Thus, sovereignism brings instability, chaos, clashes, and human toll. The author draws a conclusion that given current developments the protection of a weak state is possible only through integration with advanced economies and international agencies able to take responsibility for their partners and, most importantly, through building one’s own national defence forces. Keywords: nationalism, sovereignty, human rights, dignity, war.
34
Tsiouvalas, Apostolos. "Recalcitrant Materialities of a Liminal Ocean: Deconstructing the ‘Arctic Nomos’." Yearbook of Polar Law Online 14, no. 1 (February 23, 2023): 76–97. http://dx.doi.org/10.1163/22116427_014010005.
Анотація:
Published in 1950, Carl Schmitt’s Nomos of the Earth has been one of the most influential contributions in legal theory, illustrating inter alia the territorial conceptualization of the Eurocentric global legal order. While the Earth’s nomos has been largely hinged on the constructed ontology of a land-sea dichotomy and the appropriation and division of space through the establishment of sovereignty upon it, this article contends that the particular geomorphology of the Arctic seascape, the multiscalar dynamics of Arctic politics, and the rapid pace of change in the region render the Arctic spatial order rather intricate and may challenge the existing territorial application of state sovereignty. After critically deconstructing the process of territorialization of the Arctic Ocean, the article delves into three conceptual challenges – one ontological, one epistemological, and one technological respectively – pertinent to the juridical imaginary of the ‘Arctic nomos’ engraved by sovereignty, and seeks to expose the limits of the existing regime in place.
35
IMBERT, YANNICK. "God Intended It for Good: Re-forming Evil." Unio Cum Christo 6, no. 1 (April 1, 2020): 131. http://dx.doi.org/10.35285/ucc6.1.2020.art8.
Анотація:
The Confession That God Intends Evil For Good, Which Is One Of The Great Conclusions Of The Cycle Of Joseph (Gen 37–50), Sheds Light On The Limited Manner In Which We Have Tried To Answer The Challenge Of Evil. Each Generation Faces Anew The Challenge Of Explaining The Sovereign Action Of A Benevolent God In A World Where Evil Rages. This Article Explores The Three Key Words Of The Sentence “God Intended It For Good”: God, Intended, And Good. Our Aim Is To Reflect On A “re-formed” Answer In Emphasizing The Need For A Language That Reclaims The Richness, Diversity, And Incomprehensibility Of The Biblical Language About God’s Action In The World. KEYWORDS: Evil, Theodicy, Causality, Anthropomorphism, Incomprehensibility (of God), Sovereignty (of God)
36
Palmer, Meredith Alberta. "Rendering settler sovereign landscapes: Race and property in the Empire State." Environment and Planning D: Society and Space 38, no. 5 (May 16, 2020): 793–810. http://dx.doi.org/10.1177/0263775820922233.
Анотація:
This article examines the politics of race, indigeneity, and landscape in US American enactments of property. Its substance is the homelands of the Haudenosaunee, now territorialized as upstate New York. The 2005 US Supreme Court case City of Sherrill v. Oneida Indian Nation denied the Oneida of the Haudenosaunee the right to expand their sovereignty onto former reservation lands through the purchase of land title. In this article, I follow the genesis of the term “non-Indian character” of an area, first written in the Sherrill decision. In tracing the genealogy of this term, I examine the racial tenets embedded in US land survey tools and discourse of property-making after the Revolutionary War. I then discuss how efforts of the Holland Land Company, New York state agents, and yeoman settlers rendered settler sovereign landscapes through acts of Haudenosaunee dispossession and concepts of Indian inferiority. As Indigenous people continue to challenge US legal concepts of property today, the settler state has reauthorized this framing of Native American sovereignty that is bounded and may only recede territorially. I consider how racist understandings of Indian inferiority maintain land as property, to show how US sovereignty rests territorially on anti-indigenous concepts of race and place.
37
Borras, Arnel M., and Faisal Ali Mohamed. "Health Inequities and the Shifting Paradigms of Food Security, Food Insecurity, and Food Sovereignty." International Journal of Health Services 50, no. 3 (March 22, 2020): 299–313. http://dx.doi.org/10.1177/0020731420913184.
Анотація:
Global hunger, food insecurity, and malnutrition are on the rise, partly resulting in furthering health inequities between classes and groups of peoples among and within countries. A systematic understanding of the links between inequities in food politics and health issues is a challenge, and it is partly complicated by the presence of 3 contending and shifting paradigms in food politics, namely, food security, food insecurity, and food sovereignty. These paradigms suggest competing views as to the causes of and solutions to hunger, food insecurity, and malnutrition. We argue that food sovereignty offers a better alternative for understanding and responding to food issues in relation to the challenge of tackling health inequities. However, the ways in which and the degree to which the issues of health inequities are incorporated in the current narratives and practices of food sovereignty is rather thin, and vice versa. Our concluding argument is that an interactive dialogue in research and social actions between food sovereignty, on the one hand, and health inequity, on the other hand, can mutually enrich and strengthen both fields of research and spheres of social actions.
38
Speed, Shannon, María Teresa Sierra, Lynn Stephen, Jessica Johnson, and Heike Schaumberg. "Women’s Rights and Sovereignty/Autonomy." Journal of Legal Anthropology 1, no. 3 (September 1, 2013): 360–93. http://dx.doi.org/10.3167/jla.2013.010305.
Анотація:
In recent years in both the United States and Latin America, indigenous peoples have taken increasing control over local justice, creating indigenous courts and asserting more autonomy in the administration of justice in their tribes, regions, or communities. New justice spaces, such as the Chickasaw District Courts in Oklahoma and the Zapatista Good Governance Councils in Chiapas, work to resolve conflict based largely on indigenous ‘customs and traditions.’ Many of the cases brought before these local legal bodies are domestic cases that directly involve issues of gender, women’s rights and culture. Yet the relationship between ‘indigenous traditions’ and women’s rights has been a fraught one. This forum article considers how these courts emerged in the context of neoliberalism and whether they provide new venues for indigenous women to pursue their rights and to challenge gendered social norms or practices that they find oppressive.
39
Tisnanta, Hs, James Reinaldo, and Fathoni Fathoni. "The Dilemma of Indonesia Welfare State Challenge of Realizing Social Welfare in the Global Era." FIAT JUSTISIA:Jurnal Ilmu Hukum 11, no. 3 (February 28, 2018): 231. http://dx.doi.org/10.25041/fiatjustisia.v11no3.936.
Анотація:
Globalization has placed Indonesia in a dilemma in creating the welfare of the people. Many legislations with liberal character are disallowed through the constitutional review by the constitutional court. The liberal character then becomes constraints for government to realize social welfare, thus harming the economic interest of people and contrary to the constitution (UUD 1945). Efforts to create welfare cannot be separated from state sovereignty in determining the economics welfare policy in the form of law. The State needs to adopt policies of recalibrating sovereignty to realize its objectives. Sovereignty is the essential requirement to be able to build pengayoman law character, ideology by Pancasila ideology and UUDNRI 1945. The legal substance of pengayoman law (protection and succor) will realize a balance between global interests and the interests of the nation. Pengayoman Law integrates the efficiency and freedom with fairness and welfare excellence. Also, the Pengayoman Law always opens the space to give a guarantee/partiality to the poor through social policies that are based on human dignity. Keywords: Welfare, Challenges, Globalization, Dilemma
40
Nwauche, ES. "Enforcing ECOWAS Law in West African National Courts." Journal of African Law 55, no. 2 (September 14, 2011): 181–202. http://dx.doi.org/10.1017/s0021855311000106.
Анотація:
AbstractOne of the constitutional challenges of regional integration is how to manage the limitation of national judicial sovereignty of member states to ensure that community law is recognized as superior to national law and is accordingly applied and interpreted by national courts at the instance of community citizens. This challenge arises from the national ordering of legal systems and the fact that states are the primary parties to agreements in which they limit their sovereignty in favour of the success of the community. This article examines the enforceability of the law of the Economic Community of West African States in the national courts of the West African states which comprise ECOWAS, with the aim of determining how this affects the integration goals of ECOWAS.
41
Gaub, Florence, and Lotje Boswinkel. "How the Gulf States are using their air space to assert their sovereignty." International Affairs 97, no. 4 (July 2021): 985–1006. http://dx.doi.org/10.1093/ia/iiab075.
Анотація:
Abstract All Arab states, including the Gulf states, are regularly considered an anomaly in International Relations: allegedly artificially created, lacking clear identity, borders and sovereignty. We challenge this assertion by looking at one dimension of sovereignty often overlooked: the air space. We measure this assertion along the classical lines of sovereignty: do the states have the institutions, regulations and capacity to manage their air space, do they use it for economic and diplomatic purposes, do they have the means to conduct war in it, and does it feature in their national identity? We find that particularly since 1990, the Gulf States have affirmed their sovereignty markedly in all these areas. These findings show two things: that sovereignty can be a feature of a state regardless of the nature of its creation, and that it can be affirmed in a space previously overlooked, the air.
42
Gavrilov, Evgeniy. "Digital Sovereignty in the Context of Globalization: Philosophical and Legal Aspects." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2020, no. 2 (October 2, 2020): 146–52. http://dx.doi.org/10.21603/2542-1840-2020-4-2-146-152.
Анотація:
The article features the problem of consolidating and understanding the digital sovereignty of the State and the individual. The author addresses the challenge of establishing a correlation between the idea of digital sovereignty and the global socio-political change. The paper focuses on the effect of modern trends of social development, i.e. accelerated social informatization and globalization, on the development of doctrine of digital sovereignty and its legal design. The author believes that the idea of digital sovereignty is a reaction to the transformation of the global social order, which resulted in new doctrinal provisions and legal norms. They give citizens the right to determine the process of formation, storage, and management of digital data, as well as to ensure their inviolability. The legal formalization of digital sovereignty can indicate either the protection of statehood and personality or, on the contrary, their absorption by structures of the global order. As a result, such categories as "sovereignty, "statehood, or "personality" may eventually lose their actual meaning and real content. The conceptualization of the phenomenon of neurosovereignty and its implementation programs might be the future of the theory and practice of sovereignty.
43
Durrani, Haris A. "Space Law, Shari?a, and the Legal Place of a Scientific Enterprise: The Case for a Parallel Challenge of Sovereignty." Comparative Islamic Studies 10, no. 1 (October 6, 2016): 27–59. http://dx.doi.org/10.1558/cis.26732.
Анотація:
This article synthesizes questions of sovereignty in shari?a scholarship today with parallel challenges in the nascent field of space law. Space law’s focus on regulating political, economic, and social factors related to outer space particularly its focus on the “peaceful uses of outer space” against its prevalent military applications— makes space law especially relevant to the “Muslim world,” where Euroamerican dominance of this military high ground represents a specific differential of violence, power, and authority. Using a comparative approach to bring together these two perceived ends of law in their social, political, technological, and religious interactions with modern legal structures, this paper investigates the nature of law and its relationship to sovereignty and the state through differentials of power. Focusing on each field’s debated notions of “law” as opposed to “governance,” the veracity and multiplicity of shared or parallel legal contentions illustrate the challenge (for some, the crisis) of modernity as a legal (and broader) project of differentials of power across legal scopes. This shows that further comparative interrogations of space law and shari?a can continue to produce, and perhaps resolve, similar and pressing questions about the problem of sovereignty in modernity.
44
Heymann, David L. "SARS and Emerging Infectious Diseases: A Challenge to Place Global Solidarity above National Sovereignty." Annals of the Academy of Medicine, Singapore 35, no. 5 (May 15, 2006): 350–53. http://dx.doi.org/10.47102/annals-acadmedsg.v35n5p350.
Анотація:
Severe acute respiratory syndrome (SARS) emerged in a world where information about infectious disease outbreaks travels at speeds and in ways not imagined just 30 years ago, and where scientists are increasingly working together on detecting and responding to public health events that threaten international public health and economic security. The SARS outbreak clearly demonstrated that it is no longer the exclusive privilege of countries to report and respond to infectious diseases occurring in their own territories, but that the global community has also assumed this role, aided by the ease and power of electronic communication through the World Wide Web. This phenomenon has been cited by some scholars as a potential infringement on national sovereignty that compromises the concept that states reign supreme over their territories and peoples. At the same time, however, countries are increasingly seeking to collaborate internationally in infectious disease surveillance and response, as shown in the current situation of avian influenza (H5N1), and in the formal agreement leading to the revised International Health Regulations (IHR), suggesting that a new world order prevails over issues that once had been considered the sole domain of a sovereign nation.
45
Uusitalo, Jenna. "Responsibility to Protect and Human Security: Doctrines Destroying or Strengthening the Sovereignty?" International and Comparative Law Review 18, no. 1 (June 1, 2018): 89–103. http://dx.doi.org/10.2478/iclr-2018-0021.
Анотація:
Summary Responsibility to protect (R2P) and human security are controversial doctrines which reflect the international politics rather than purely defend their original legal aims. Simultaneously both doctrines demonstrate the change in the international law and politics as well as challenge the classical perception of the sovereignty. Through the practical examples the present article illustrates how these doctrines are affecting to sovereignty and discusses some selected problems attached to the interventions applied under these principles. Essentially the article argues that, despite their noble ideology, doctrines of R2P and human security are too extensive to be applied coherently by the international community, but that they can nevertheless have potential to strengthen sovereignty.
46
Cornell, Stephen, and Joseph P. Kalt. "Sovereignty and Nation-Building: The Development Challenge in Indian Country Today." American Indian Culture and Research Journal 22, no. 3 (January 1, 1998): 187–214. http://dx.doi.org/10.17953/aicr.22.3.lv45536553vn7j78.
47
Giunta, Isabella. "Food sovereignty in Ecuador: peasant struggles and the challenge of institutionalization." Journal of Peasant Studies 41, no. 6 (August 28, 2014): 1201–24. http://dx.doi.org/10.1080/03066150.2014.938057.
48
Holt-Giménez, Eric. "From Food Crisis to Food Sovereignty: The Challenge of Social Movements." Monthly Review 61, no. 3 (July 1, 2009): 142. http://dx.doi.org/10.14452/mr-061-03-2009-07_11.
49
Khashan, Hilal. "The Eclipse of Arab Authoritarianism and the Challenge of Popular Sovereignty." Third World Quarterly 33, no. 5 (June 2012): 919–30. http://dx.doi.org/10.1080/01436597.2012.687509.
50
Cornell, Stephen, and Joseph P. Kalt. "Sovereignty And Nation-Building: The Development Challenge in Indian Country Today." Journal of Aboriginal Economic Development 3, no. 2 (December 1, 2003): 86–100. http://dx.doi.org/10.29173/jaed169.