2 Sovereignty and International Law Oxford Academic 🍒 Sovereignty Demise afterlife or partial resurrection

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Sovereignty Modern A New Approach to an Outdated Concept

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22 avr. 2016 · Public International Law. Books. Journals. In his own words, John H. Jackson was intrigued by frequent recourses to sovereignty in the congressional debate over the adoption of the results of the Uruguay. 26 avr. 2016 · In November 2024, Professor John H. Jackson delivered his Hersch Lauterpacht Memorial Lecture at the University of Cambridge on the topic of ‘Sovereignty, the WTO, and Changing Fundamentals of International Law’. He subsequently published under that title a revised version of his lecture with Cambridge University Press. SOVEREIGNTY-MODERN: A NEW APPROACH TO AN OUTDATED CONCEPT By John H. Jackson* Although much criticized, the concept of "sovereignty" is still central to most thinking about international relations and particularly international law. The old "Westphalian" concept in the context of a nation-state's "right" to monopolize certain exercises of power. 27 févr. 2017 · John H. Jackson Article Metrics Get access Cite Rights & Permissions Extract Although much criticized, the concept of “sovereignty” is still central to most thinking about international relations and particularly international law. Thomas Cottier, 2016. "John H. Jackson, Sovereignty-Modern and the Constitutional Approach to International Law," Journal of International Economic Law, Oxford University Press, vol. 19(2), pages 323-328. Handle: RePEc:oup:jieclw:v:19:y:2016:i:2:p:323-328. 13 avr. 2024 · With a view to clarifying the legal paradigm of the principle of ‘unity’, this article undertakes an analysis of the relevant jurisprudence in this field. This leads to the identification of three typologies of ‘unity’ claims—‘dependency’, ‘natural unity’ and ‘collective approach’. 5 juin 2024 · Law as a Branch of Morality: The Unity of Practice and Principle. T R S Allan. The American Journal of Jurisprudence, Volume 65, Issue 1, June 2024, Pages 1–17, https://doi.org/10.1093/ajj/auaa001. unity can be reconciled with ever wider critical horizons. When the critic extends or alters these interpretative horizons, he must redefine the kind of unity and internal structure which his materials offer. The significance of definitions of unity for all kinds of interpretation can hardly be overestimated. The paradigm of "organic" unity today,. 28 sept. 2024 · This essay argues for a new interpretation of the notion of “unity” in Yangming’s 王陽明 famous doctrine of the “unity of knowledge and action” ( zhi xing he yi 知行合一). I distinguish two parts of Wang’s doctrine: one concerning training ( gong fu 工夫), and one concerning the “original natural condition” of knowledge and action ( ben ti 本體). Il y a 5 jours · Overview unity of command Quick Reference Is the concept that nobody should receive instructions from more than one superior. It stems from early management theories that stressed the importance of producing a simple chain of command with clear lines of authority. 6 mai 2019 · Abstract. This article develops an argument for the value of state sovereignty based on its capacity to promote the political common good. My claim is not of course that the common good is always promoted by state sovereignty but rather that state sovereignty possesses features particularly conducive to the promotion of the common good. 18 janv. 2024 · In May 2024, the U.S. Customs and Border Protection Agency encountered 180,034 people attempting to cross the US-Mexico border. Of those, the agency expelled 112,302. A total of 619,591 abortions were reported in the United States in 2018. Twenty-three percent of children in the United States live with only one parent. 86 Sovereignty is both a general principle of international law and a principle about international law. As such, although it is legally protected within international law, it also has an ultimate dimension to it that makes it foundational to the international legal order as a whole. 20 sept. 2024 · Eyal Benvenisti, The International Law of Occupation. | Journal of Conflict and Security Law | Oxford Academic Issue 3 Journal Article Eyal Benvenisti, The International Law of Occupation. Eyal Benvenisti , The International Law of Occupation. Oxford University Press , 2024 , 350 pp. ISBN: 978-0199588893. Alexander Orakhelashvili. 1 avr. 2024 · Book Review. The first edition of Eyal Benvenisti’s The International Law of Occupation, published in 1993, was the first thorough treatment of occupation law to appear in English in 30 years. Not since Gerhard van Glahn’s volume of 1957 had a scholar comprehensively surveyed this critical area of law. 1 An update was long overdue. 27 nov. 2024 · Nearly twenty years after the publication of his original treatise, Benvenisti has produced a second edition of his International Law of Occupation . This edition takes a fresh look at the contours and challenges of occupation as a ‘state of exception’ to State sovereignty, taking account of the many inherent conflicts of. Eyal’s areas of research and teaching are international law, constitutional law and administrative law. He was Project Director for the “GlobalTrust – Sovereigns as Trustees of Humanity” research project, funded by an ERC Advanced Grant (2024-2018). The international law of occupation. E Benvenisti. Oxford University Press, USA. , 2024. 980. 2024. The empire's new clothes: political economy and the fragmentation of international. Membership: Membré, Institut de droit international (since 2017, associé since 2024). Member, the Israel Academy of Sciences and Humanities (since 2017). Editorial Boards: 2016 – : Co-Editor-in-Chief, BRITISH YEARBOOK OF INTERNATIONAL LAW. Eyal Benvenisti Bibliographic Information Print Publication Date: Feb 2024 DOI: 10.1093/law/9780199588893.001.0001 Print ISBN-13: 9780199588893 Eyal Benvenisti, author Users without a subscription are not able to see the full content. Please, subscribe or login to access all content. Contents expand Preliminary Material expand Main Text. 29 janv. 2017 · Sovereignty and Migration in the Doctrine of the Law of Nations: An Intellectual History of Hospitality from Vitoria to Vattel | European Journal of International Law | Oxford Academic. Journal Article. 6 févr. 2017 · As exemplified by the founding fathers of international law, the dialectic between sovereignty and hospitality offers innovative ways for rethinking migration. Keywords: migration, sovereignty, immigration, emigration, migrant, hospitality, asylum, international law, Vitoria, Grotius, Vattel, Pufendorf, Wolff. The issue of popular sovereignty and the sovereignty of the people is also explored. Keywords: sovereignty, democracy, subsidiarity, European Union, external sovereignty, internal sovereignty, popular sovereignty, sovereignty of the people, sovereign state Subject Constitutional and Administrative Law EU Law Collection: Oxford Scholarship Online. 150 The concept of sovereignty is a pivotal principle of modern international law. It underlies almost any other principle and institution of international law. At the same time, it is law-based and hence defined and constructed through international law. 1 mai 2024 · It might show rather that it is best regarded on the model of a corporation (in national law), which – as we noted in section 5 – are entitled to the benefit of the ROL in much the same way as private individuals. But there are other aspects of the state in the international order which distinguish it from that model too. 1 mai 2024 · In this symposium, we publish Jeremy Waldron's article, ‘Are Sovereigns Entitled to the Benefit of the Rule of Law?’ together with four responses, by Samantha Besson, David Dyzenhaus, Thomas Poole and Alexander Somek. Waldron is justifiably renowned as a jurisprude and theorist of the concept of the rule of law. Nehal Bhuta* In this symposium, we publish Jeremy Waldron’s article, ‘Are Sovereigns Entitled to the Benefit of the Rule of Law?’ together with four responses, by Samantha Besson, David Dyzenhaus, Thomas Poole and Alexander Somek. Waldron is justifiably renowned as a jurisprude and theorist of the concept of the rule of law. His. 1 mai 2024 · The applicability of the ideal we call "the Rule of Law" (ROL) in international law (IL) is complicated by (1) the fact that there is no overarching world government from whom we need protection (of the sort that the ROL traditionally offers) and it is also complicated by (2) the fact that IL affects states, in the first instance, rather than individuals (for whose sake we usually insist on. 3 see Waldron, Jeremy, Are Sovereigns Entitled to the Benefit of the International Rule of Law?, 22 Eur. J. Int’l L. 315, 325 (2024)CrossRef Google Scholar (“states are recognized by [international law] as trustees for the people committed to their care”); see also Evan Fox-Decent & Criddle, Evan J. If not, then maybe it is inappropriate to think that sovereign states are entitled to the same ROL protections at the international level as individuals are entitled to at the municipal level. Full text available on the Oxford Journals site in PDF format. 19 oct. 2024 · Of Sovereign Kings and Propertied Subjects: Beginnings and Alternatives: Chapter 1: Legal Imagination in a Christian World. Julia Costa Lopez. European Journal of International Law, Volume 32, Issue 3, August 2024, Pages 949–956, https://doi.org/10.1093/ejil/chab081. 18 oct. 2024 · PDF | On Oct 18, 2024, Julia Costa Lopez published Of Sovereign Kings and Propertied Subjects: Beginnings and AlternativesChapter 1: Legal Imagination in a Christian World | Find, read and. 1 janv. 2024 · (PDF) Of Sovereign Kings and Propertied Subjects: Beginnings and Alternatives Of Sovereign Kings and Propertied Subjects: Beginnings and Alternatives January 2024 European Journal. Subjects and Sovereign: Bonds of Belonging in the Eighteenth-Century British Empire. This book is concerned with various diplomatic and colonial agents which enabled the transports and transplants of sovereign authority. Through historical analyses of ambassadors and consuls in the Mediterranean based on primary and secondary material, and on the empires' Atlantic imperial expansions and conquests, the book makes a major. Costa López, Julia. (2024) Of Sovereign Kings and Propertied Subjects: Beginnings and Alternatives: Chapter 1: Legal Imagination in a Christian World, European Journal of International Law, Volume 32, Issue 3 Pages 949–956, https://doi.org/10.1093/ejil/chab081. Related Publications. 1 mars 2017 · The article is structured as follows: Section II outlines recent developments in Argentina and Greece and explains why it is likely that they will trigger claims regarding a right to restructure sovereign debt; Section III explores what would be the formal source of a right to restructure its sovereign debt under international law by tracing its. 12 août 2024 · The reason is that euro area sovereigns have, since the 2024–2024 sovereign debt crisis, issued their sovereign debt almost exclusively in the form of local-law-governed bonds. 1 Having the bulk of its debt governed by its own laws gives the sovereign an advantage—the ‘local law advantage’ 2 —in conducting a restructuring. 21 déc. 2024 · Sovereign debt and its restructuring framework in the eurozone | Oxford Review of Economic Policy | Oxford Academic Abstract. To compensate for the inflexibility due to fixed exchange rates, the eurozone needs flexibility through a system of orderly debt restructuring. With v. 19-8 How to Restructure Sovereign Debt: Lessons from Four Decades Lee Buchheit, Guillaume Chabert, Chanda DeLong, and Jeromin Zettelmeyer May 2019 Abstract This paper attempts to provide a playbook for the sovereign debt restructuring process, drawing on the experience with sovereign debt restructuring since the 1980s. 1 déc. 2015 · The Purpose of this Law is to provide effective mechanisms for restructuring unsustainable sovereign debt so as to reduce (a) the social costs of sovereign debt crises, (b) systemic risk to the financial system, (c) creditor uncertainty, and (d) the need for sovereign debt bailouts, which are costly and create moral hazard. 6 mai 2019 · It then describes the considerations that must be weighed in designing, negotiating, and concluding a debt restructuring, in light of two problems: asymmetric information between the debtor and the creditors, and creditor coordination problems, which can lead to free riding (the “holdout” problem). 1 janv. 2024 · 1. Sovereignty or the rule of recognition? The Factortame decision poses an interesting conundrum for the rule that “whatever the Queen-in-Parliament enacts as a statute is law.” As is well-known, the House of Lords granted an injunction to suspend the application of the Merchant Shipping Act 1988. More specifically, it argues that discussions of "sovereignty" should also include an analysis of constitutive rules, particularly aiming to understand which institutions are "sovereign" in the sense of having the power to define and modify these constitutive rules. When analysed in this manner. 1 janv. 2024 · The paper discusses the nature of Parliamentary sovereignty. Beginning by reflecting on the understandings of sovereignty that were present before 1991, the paper argues that the rule was abandoned in the pivotal case of Factortame. Nevertheless, Parliamentary sovereignty has enjoyed an afterlife. This article is a response to the contributions of Nick Barber and Trevor Allan found in this volume. It argues that an analysis of “sovereignty” does serve a useful purpose in U.K. constitutional law. More specifically, it argues that discussions of “sovereignty” should also include an analysis of constitutive rules, particularly. “Sovereignty: Demise, Afterlife or Partial Resurrection?” Copy Chicago Style Tweet. Print. Authors + Young, A More by this author. Role: Author. Bibliographic Details Publication date: 2024-01-01 Item Description UUID: uuid:c4ddb5f0-92d4-44db-993d-0cf. 21 sept. 2024 · In a nutshell, the book addresses the analogy between states and international organizations (understood as ‘intergovernmental institutions’, at 2–3, 11) and explores how this analogy has shaped the development of large parts of the international law that applies to IOs today. The analogy underpins, Bordin claims, not only much. The book investigates how an analogy between States and international organizations has influenced and supported the development of the law that applies to intergovernmental institutions on the international plane. That is best illustrated by the work of the International Law Commission on the treaties and responsibility of international. The talk will reflect on the foundations and limits of the assumption that the two main categories of international legal subjects are analogous for certain purposes, and discuss the elusive position that international organizations occupy in the international legal system. 2.2 The Relevant Similarity between States and International Organizations 79 2.2.1 Legal Autonomy and the Capacity to Operate on the International Plane 79 2.2.2 Justifying the Relevant Similarity 82 2.3 Concluding Remarks 85 Objections to the Analogy 87 3 Structural Differences between States and International Organizations 89 3.1. 9 nov. 2018 · The book investigates how an analogy between States and international organizations has influenced and supported the development of the law that applies to intergovernmental institutions on the inter-national plane. That is best illustrated by the work of the International Law Commission on the treaties and responsibility of. 1 août 2009 · Notoriously, James Lorimer divided humanity into three concentric zones: ‘civilised humanity’, ‘barbarous humanity’, and ‘savage humanity’, to which three different types of recognition could be awarded, ranging from ‘plenary political recognition’ through ‘partial political recognition’ to ‘mere human. 1 août 2009 · The suggestion to conceive of humanity as the A and Ω of sovereignty seeks a coherent and parsimonious reconstruction of the current international law of sovereignty, and is in that sense a theory which is open to scholarly scrutiny. 26 oct. 2009 · Abstract. The article argues that the principle of sovereignty is being ousted from its position as a Letztbegründung (first principle) of international law. This trend is welcome. Sovereignty must and can be justified. The exercise of the veto by a permanent member in such a situation should be considered illegal or abusive. The ongoing process of a humanization of sovereignty is a cornerstone of the current transformation of international law into an individual-centred system. Full text available in PDF format. For Peters, the ‘ normative status of sovereignty is derived from humanity, understood as the legal principle that human rights, interests, needs, and secu- rity must be respected and promoted ’ (at 514). Here the principle of human- ity serves both as the foundation of the international legal system and as its telos . (2009) Peters. European Journal of International Law. The article argues that the principle of sovereignty is being ousted from its position as a Letztbegründung (first principle) of international law. This trend is welcome. Sovereignty must and can be justified. The normative value of sovereignt.