It seems as if global politics is experiencing something of a ‘Westphalian’ revival, especially in popularist aspirations to return to singular and undivided models of sovereignty, with the minimizing of religious diversity within each jurisdiction. 1 Assertions of sovereignty today still have a
are at the heart of debates about meeting the world’s energy demands, and that international law of the sea is at the heart of debates about how such demands are met and balanced against other ocean uses. Much of this debate is framed in terms of energy sovereignty, which raises questions about the
At the centre of the extended conversations between Deuteronomistic and priestly traditions is a debate about the nature of the divine sovereignty under which Israel lives out her life. To adopt a technical term from the social sciences, we might conceive of these two streams of tradition as
The form of sovereignty that Hobbes argues for in Leviathan and elsewhere has long been seen as an exemplar of absolute sovereignty . Within Hobbes scholarship, detailed appraisals of his arguments do of course, paint a more complex picture and some commentators make the
March 1949, which has often been referred to as the Grundnorm of the constitution, and which still forms part of the current (1973) constitution as Article 2A.
This article examines the concept of sovereignty in the or , as without a clear elucidation of sovereignty there can be no rule of law
1 Introduction: National Sovereignty and Globalization – Reversing the Trend The study of globalization became widespread at the end of the last century, and legal academia was no exception to this rule. Outside international law, even traditionally domestic disciplines such as constitutional law 1
Normative Conditions of the International Present
What is conceptually required for critically thinking through the problem of sovereignty in the contemporary Third World? What concepts and ideas call for reconsideration and perhaps revision? What strategies, both of deconstruction and
maṣlaḥa’s use until the 20th century. Khomeini’s writings on Islamic government and sovereignty transformed maṣlaḥa into a juridical tool which could be used to circumvent or suspend the very law it is meant to uphold—the sharī‘a—in order to promote the common good.
Until the establishment of the
environmental protection. Small islands have traditionally been portrayed as weak states, lacking elements of positive sovereignty. Through rethinking their own smallness as instead being large ocean states, however, these states are engaged in constructing a new sovereignty bargain, echoing earlier arguments