Search Results

No Access

Sebastian R. Prange and Robert J. Antony

Introduction The prize of piracy is economic, but as a historic phenomenon, the dynamic that creates it is political. 1 The political history of the early modern world is above all a history of the quest for sovereignty. The development, adaptation, and diffusion of concepts and projects of

No Access

Stephen Stec

© Koninklijke Brill NV, Leiden, 2010 DOI: 10.1163/187197310X513743 International Community Law Review 12 (2010) 361–389 I NTERNATIONAL C OMMUNITY L AW R EVIEW brill.nl/iclr Humanitarian Limits to Sovereignty: Common Concern and Common Heritage Approaches to Natural Resources and Environment

No Access

WANG Qin

For a long period Ye Shengtao’s “The Emperor’s New Clothes” has been read as a simple fairytale along with his other fairytale writings. Its politico-philosophical implications thus is blurred by students’ focus on the “historical context” of the 1930s of China, when Ye Shengtao’s fairytales were composed. This essay argues that Ye Shengtao’s “The Emperor’s New Clothes” could be dealt with as a politico-philosophical text, despite or because of the historical context of China at that time which does not provide a political reality corresponding to what is called “sovereignty” in its classical sense in the field of political science. By interpreting Ye Shengtao’s “The Emperor’s New Clothes” from a perspective of conceptual analysis by reading it together with other two stories about the same topic written by Hans Andersen and Juan Manuel, this essay also attempts to read the story against the grain of the history of modern Chinese literature, taking it as an allegory of sovereignty and its fragility, staging it theoretically with philosophical thoughts on sovereignty in the works of, for example, Hobbes, Spinoza, Jacques Derrida, and Giorgio Agamben. While Manuel’s story first puts forth the problematic of sovereignty, Andersen’s version pushes to the extreme the logic of self-legitimation carried out by the narrative of sovereignty. Ye Shengtao’s rewriting, in this textual context, deconstructs this logic and points out a possibility of the politics of democracy.

No Access

Kaarel Piirimäe

Baltic, mostly Estonian, interpretations of self-determination and sovereignty in the first half of the twentieth century suggests that federalist thinking actually preceded self-assertion in the confines of a nation-state. Far from being “entirely unattractive and even uninteresting,” as Mastny contends

No Access

Matthew Simpson

A Paradox of Sovereignty in Rousseau’s Social Contract M ATTHEW S IMPSON Department of Philosophy Luther College Decorah, IA 52101, USA simpma01@luther.edu One unique part of Rousseau’s Social Contract is his argument that a just society must have a specific constitutional arrangement of powers

No Access

Fiona J. Kidd

associated with a ruling dynasty. Sovereignty provides a different lens through which to understand the function of the Ceremonial Complex at Akchakhan-kala. The term is laden with multiple meanings, but recent anthropological discussions highlight a focus on the “negotiated relationship between the ruler

No Access

Vladimir A. Arakcheev

custom. It is of no small importance that the acquisition of full authority by these state institutions was closely linked to the process by which Pskov gained sovereignty and separated itself from Novgorod. Related to this is the question of whether the Pskov Republic was a sovereign state? There is no

No Access

Francesco Francioni

In spite of occasional references to the “public interest” or the “public good” in legal instruments on foreign investment and in arbitral practice, effective implementation of the concept remains elusive. This is the case first of all due to the fact that arbitrators are faced with the difficulties inherent in performing the delicate function of a quasi “judicial review” of contested host State’s measures. The second factor relates to the fact that the notion of “public good” that emerges from contemporary arbitral practice is confined to the national public interest of the host State and does not include the general interest of the international community as a whole. This article argues that, given the present state of the international economy, the regime of investment protection has to be reconciled not only with the public interest of the host State but also with the emerging concepts of international common goods, which include the global environment, human rights and the cultural heritage of humanity. Given the lack of global institutions responsible for the management of such common goods, this article advocates a functional approach to the exercise of sovereignty that transcends the traditional principles of territoriality and nationality and entails the obligation of both home and host countries to take into account the effects of their investment policies on the general interest of the international community.

No Access

Cooperative Sovereignty

From Independence to Interdependence in the Structure of International Environmental Law

Franz Xaver Perrez

In the late 20th century, it has become widely accepted that States need to cooperate in order to pursue effectively their interests within the increasingly interdependent world order. At the same time, the principle of sovereignty is still often invoked as a claim for independence and a justification for non-cooperation. This book goes beyond that traditional understanding to develop a new theory which holds that cooperation between States is not an independent principle supplementing State sovereignty or even a counterweight to State sovereignty. Rather, cooperation should be conceived an element of the very notion of sovereignty itself. Sovereignty is not a negative principle meaning merely State independence and freedom, but it also inherently includes a positive element which stresses a State's innate membership in the international community and its authority, its responsibility, its duty to participate actively in that community. In short, sovereignty not only means independence, it also means a responsibility to cooperate.
The first part of the book traces the history of the principle of sovereignty from the theories of Grotius and Francisco de Vitoria to the modern understanding of the principle in the light of the United Nations system. The second part of the book poses challenges to the traditional concept of sovereignty in the light of the 20th century interdependence, and the third part goes on to formulate a new theory which takes into account the principles of customary law and treaty law. The conclusions drawn on by the author are refreshing, but may also be controversial, and this book will most definitely contribute to the discussion and development of the principle of sovereignty in international law.
No Access

Mikhail Antonov

This chapter examines a number of theoretical difficulties related to the implementation, in Russia, of the decisions and awards of foreign courts and arbitral tribunals. Along with the normative conditions for recognizing and enforcing foreign decisions, the author draws attention to the educational background of legal professionals— especially judges—in Russia. It is suggested that the statist conception of law inherited from Soviet legal scholarship implicitly leads to the contemporary Russian legal doctrine of negating the obligatory force of decisions from foreign courts. In the opinion of the author, the core of this conception resides in the traditional concept of sovereignty, which excludes the direct effect of legal acts made by foreign states, private arbitration tribunals, and international organizations. Nevertheless, there have been signs of a change in the attitude of the Russian judiciary in several key rulings by commercial courts. The author concludes that one now can observe seeing tendencies indicative of the development of a different concept of law in the mentality of legal professionals in Russia.