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Sovereignty

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Full-Text Articles in International Relations

Beyond Recognition: The Significance Of External Legitimacy For De Facto States In The Global Arena, Megan K. Payler Ms Dec 2023

Beyond Recognition: The Significance Of External Legitimacy For De Facto States In The Global Arena, Megan K. Payler Ms

Electronic Thesis and Dissertation Repository

This dissertation investigates the concept of external legitimacy and its implications for de facto states in the international system. Previous research on state recognition has primarily relied on United Nations recognition as a binary measure, neglecting the nuanced variation in the external legitimacy of de facto states. To address this gap, this study introduces a new External Legitimacy Dataset and develops a comprehensive measure of external legitimacy. Using this dataset, the study demonstrates the utility of the measure by providing latent estimates for 31 de facto states and predicting violence based on their level of external legitimacy. The results indicate …


Facing Famine: Justice And The Case Of Unilateral Intervention, Tanner R. Brooks Apr 2023

Facing Famine: Justice And The Case Of Unilateral Intervention, Tanner R. Brooks

Honors Theses

Through the course of this year, 900 thousand people will have to struggle through conditions of famine, and a total of 345.2 million will experience food insecurity of some kind. These concerning figures represent an over twofold increase since 2020.1 This presents a serious problem, as access to food is so plainly vital to every aspect of an individual’s existence. It should therefore be uncontroversial to assert the grave nature of the occurrence of famine and other food emergencies faced by so many today. Food emergencies are not merely a result of insufficient food, but rather the institutional policies enacted …


Efficacy Of The European Union And The United States' Sanctioning Of Russia In Response To Breaches Of Ukrainian Sovereignty, Alexej W. Latimer Oct 2022

Efficacy Of The European Union And The United States' Sanctioning Of Russia In Response To Breaches Of Ukrainian Sovereignty, Alexej W. Latimer

Claremont-UC Undergraduate Research Conference on the European Union

This research inquiry breaks down some of the intricacies of US and EU sanctions imposed on Russia following the breaches of Ukrainian sovereignty by the Kremlin in 2014. These sanctions are examined for their direct fiscal impacts and implicit efficacies as the result of specific policies. This paper seeks to identify nuanced characteristics of various sanctions and determine how sanction efficacy is tied to the classification under which the controlled product/good category is considred. This is just an initial record of observed patterns in sanctioning within a specific geopolitical realm. The paper was written in December 2021, and therefore prior …


The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram Sep 2022

The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram

Philosophy: Faculty Publications and Other Works

Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as …


Another Postcolonialism: Innovating Sovereignty From Below Through The Responsibility To Protect, Gabriel P. Mares Jun 2022

Another Postcolonialism: Innovating Sovereignty From Below Through The Responsibility To Protect, Gabriel P. Mares

Doctoral Dissertations

I focus on the work of civil society actors, scholars, and diplomats from the Global South, in particular the South Sudanese anthropologist and diplomat Francis Deng, and the ways in which they attempt to remake sovereignty through institutions. Using sovereignty-as-responsibility and the Responsibility to Protect (R2P) as problem spaces, I recover an alternate vision of sovereignty and the community of states that emerged in response to defenses of non-intervention by postcolonial state actors. Focusing on sovereignty allows these agents to simultaneously critique and innovate that which is “above” (the international state system) and that which is “below” (the sovereign state). …


The Violence In Our Humanity: Principles, Action, And The Erosion Of State Sovereignty, Rasheed Idou Jun 2022

The Violence In Our Humanity: Principles, Action, And The Erosion Of State Sovereignty, Rasheed Idou

Theses and Dissertations

The past two decades have witnessed an increasing number of armed conflicts, both inter- and intra-nationally, and an even more increasing number of multilateral military interventions without UN Security Council authorization. Central to the discussion of these interventions are the themes of humanitarianism and state sovereignty. The aim of this thesis is to investigate the relationship between humanitarian imperatives and principles of sovereignty within the context of armed conflict to better understand the tensions that have led to the current global outcomes. In so doing, it identifies how humanitarian principles, imperatives, and actions have affected the contemporary conception of state …


Whose Rights Are They, Anyway?, Edward A. Lynch, Courtney F. Chenette Jul 2021

Whose Rights Are They, Anyway?, Edward A. Lynch, Courtney F. Chenette

Political Science Faculty Scholarship

The authors discuss sovereignty and the history behind a nation’s prerogative to intercede in the affairs of other nations to protect human rights.


Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley May 2021

Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley

Undergraduate Honors Theses

Governmental sovereignty is created and maintained by mutual respect for the rule of law by the government and citizens. To maintain legitimacy, a government must act within the bounds of the contract that created it. Otherwise, the relationship founded by said contract would be nullified, as would the duties and obligations that flow from that relationship. Torture exemplifies an ultra vires act used by the United States to show the consequences of over-extended authority on political legitimacy and the rule of law. Founded on the philosophies of Hugo Grotius, Thomas Hobbes, and Christine Korsgaard, this research investigates the nature of …


Robert The Bruce Fights For Scottish Independence Once Again: The Influence Of Nationalism And Myth In Scotland's Modern Pursuit Of Independence, Claire Hintz Jan 2021

Robert The Bruce Fights For Scottish Independence Once Again: The Influence Of Nationalism And Myth In Scotland's Modern Pursuit Of Independence, Claire Hintz

Undergraduate Honors Theses

Robert the Bruce, King of Scots from 1306-1329, led the Scottish to victory in the Wars of Independence against England. Today, the fight for Scottish Independence is alive and being led by the Scottish National Party (SNP) as they push for a second independence referendum. The first, in 2014, failed with 45% of Scots voting YES and 55% voting NO. Since Brexit, however, support for Scottish independence has consistently risen; polls in 2020 showed sustained majority support for Scottish independence for the first time in recent Scottish history. Nationalism, or the constructed ideology that is politically used to uphold a …


The Vulnerable Sovereign, Ronald A. Brand Jan 2021

The Vulnerable Sovereign, Ronald A. Brand

Articles

The connection between sovereignty and law is fundamental for both domestic (internal sovereignty) and the international (external sovereignty) purposes. As the dominant forms of government have evolved over time, so has the way in which we think about sovereignty. Consideration of the historical evolution of the concept of sovereignty offers insight into how we think of sovereignty today. A term that was born to represent the relationship between the governor and the governed has become a term that is used to represent the relationships between and among states in the global legal order. This article traces the history of the …


Should We Pool Or Should We Nationalize? A Quantitative Assessment Of The Role Of Sovereignty In Brexit, Alexa K. Urmaza Jan 2021

Should We Pool Or Should We Nationalize? A Quantitative Assessment Of The Role Of Sovereignty In Brexit, Alexa K. Urmaza

Honors Theses

The announcement of Brexit on June 23, 2016 shocked Europe as well as the greater global community. Political scientists continue to debate the causes of Brexit, but this paper argues that the debate over sovereignty, particularly the tension between national and pooled sovereignties, played a substantial role in the outcome of the referendum. This paper evaluates the extent to which the Brexit referendum was a rejection of pooled sovereignty and a reprioritization of national sovereignty. This paper conducts a discourse analysis on 4109 sources from the Leave and Remain campaigns, which were all assessed for the use of nineteen terms …


Indigenous Rights In International Law: A Focus On Extraction In The Arctic, Aine Healey Lawlor Jan 2021

Indigenous Rights In International Law: A Focus On Extraction In The Arctic, Aine Healey Lawlor

Honors Projects

This paper seeks to evaluate the evolution and future of Indigenous rights in extractive industry on a global scale and uses the Arctic both to explore the complexity of these rights and to provide paths forward in advancing Indigenous self-determination. Indigenous rights lack a strong international foundation and are often dependent upon local and domestic regimes, yet this reality is currently shifting. The state of extraction internationally, particularly in the Arctic, is also facing major uncertainty in the coming decades as demand continues to rise. Indigenous rights and the rules governing extractive industry intersect because much of the world’s remaining …


From Valladolid To Venezuela : The Legacy Of Las Casas, Vitoria, And Sepúlveda In The Current Venezuelan Crisis., C. Evan Clark May 2020

From Valladolid To Venezuela : The Legacy Of Las Casas, Vitoria, And Sepúlveda In The Current Venezuelan Crisis., C. Evan Clark

College of Arts & Sciences Senior Honors Theses

This thesis analyzes the current Venezuelan crisis and the international legal questions it has posed concerning sovereignty, the responsibility to protect, and international efforts to influence a state’s internal politics. In particular, the thesis expounds the historical and theoretical context behind international legal principles that governments, international organizations, and nongovernmental organizations (NGOs) have invoked in favor of Juan Guaidó or Nicolás Maduro. The thesis’s analysis centers around its examination of the parallels between the international legal principles that relate to the Venezuelan crisis and the political and ethical arguments of the sixteenth-century Spanish social reformer Bartolomé de las Casas and …


Why Can't We Be Friends: The Significance Of Sovereignty And China's "One Country, Two Systems", Harrison R. Malinowski Jan 2020

Why Can't We Be Friends: The Significance Of Sovereignty And China's "One Country, Two Systems", Harrison R. Malinowski

Senior Projects Spring 2020

Senior Project submitted to The Division of Social Studies of Bard College.


Governance In A Globalised World, Richard Woodward Jul 2019

Governance In A Globalised World, Richard Woodward

Books/Book Chapters

Discussions surrounding the sources of power and authority that govern the social world have taken place since ancient times. Finally, in the latter half of the twentieth century, it appeared that this debate had been decisively resolved in favour of the view that governance was the preserve of governments. This was a consequence of the ascendance in the social sciences of methodologies that presupposed human activities to correspond to the territorial boundaries of sovereign states. The privileging of sovereign territoriality did not reflect a poverty of scholarly thinking but was a by-product of their social world. (Taylor, 1996). By the …


The Annexation Of Hawai'i: A Violation Of Foreign Sovereignty By The United States Of America, Larissa R. Schuermyer May 2019

The Annexation Of Hawai'i: A Violation Of Foreign Sovereignty By The United States Of America, Larissa R. Schuermyer

Honors Projects

The Kingdom of Hawai’i was annexed by the United States of America in 1898 and was given statehood in 1959. Prior to its annexation, the Kingdom of Hawai’i had a legitimate functioning government with sovereign recognition from many in the international arena, including the United States, as early as 1840. This article analyzes current and past definitions of the state and sovereignty, as well as precedence from international law, to determine if the United States violated the sovereignty of the Kingdom of Hawai’i before and during the annexation process. A preponderance of evidence, including explanations of the preexisting Hawaiian political …


Evolving Conceptions Of Sovereignty As Applied To Membership In International Organizations, Luke C. Radice Jan 2019

Evolving Conceptions Of Sovereignty As Applied To Membership In International Organizations, Luke C. Radice

CMC Senior Theses

In the current international climate, both nations and individuals increasingly question both the validity and necessity of international organizations. This paper seeks to answer some of those questions, and to determine why countries choose to surrender significant portions of the national power that they are afforded under traditional perceptions of “Westphalian sovereignty”. This question is answered through an analysis of historical political thought on the concept of Sovereignty, then is applied to two case studies: the United Nations and the European Union, in which the benefits and downsides of surrendering sovereignty are discussed. Ultimately, this thesis concludes that the concept …


It Could Never Last: Why British Sovereignty And Its Influence Since 1945 Resulted In Brexit, Jeffrey Brandt Dec 2018

It Could Never Last: Why British Sovereignty And Its Influence Since 1945 Resulted In Brexit, Jeffrey Brandt

Master's Theses

The EU Referendum of June 2016 marked a watershed moment for the United Kingdom, as it sought to once again reassert its sovereignty and retake its place in the world as an independent state, free from European Union infringement. The British are usually seen as the cussid ones in Europe, stubbornly holding on to their principles and traditions of sovereignty. But why is that? Carefully tracing UK history, particularly from the end of the Second World War to the present day, it becomes understandable why the result of the 2016 referendum should not be quite a surprise. Studying events in …


We Refugees, Again, Aaron Linas Sep 2018

We Refugees, Again, Aaron Linas

Dissertations, Theses, and Capstone Projects

Dramatic shifts in climate have generated a new form of global displacement. These ‘climate migrants’ challenge the notion of state sovereignty by introducing a new paradigm for global responsibility. I seek to address this emerging demand of sovereignty by outlining the normative mechanisms of state institutions when encountering displaced persons. The extreme cases of disappearing island nations creates stateless population incompatible with standard liberal values of humanitarianism and border security. My claim is that current normative institutions and principles of assistance to migrating people are insufficient to manage the international crisis of climate change. To be able to aid migrants …


Is Citizenship Still Relevant? State Sovereignty, Migration, And Sanctuary Cities In A Globalizing World, Melissa J. Lauro Apr 2018

Is Citizenship Still Relevant? State Sovereignty, Migration, And Sanctuary Cities In A Globalizing World, Melissa J. Lauro

Student Publications

This paper argues that sanctuary cities and sanctuary policies in the United States are a manifestation of the conflicts resulting from processes of globalization, which have changed traditional notions of citizenship, state sovereignty, and state security, as well as fostered a cultural backlash and identity politics within the U.S.


State Sovereignty And Human Security: The Migration-Securitization Nexus In The Global South, Eugene R. Sensenig Nov 2017

State Sovereignty And Human Security: The Migration-Securitization Nexus In The Global South, Eugene R. Sensenig

Biennial Conference: The Social Practice of Human Rights

This paper deals with the issues of state sovereignty and refugee policy in insecure and marginalized regions of the Global South. Using the displaced Syrian populations (UN-recognized and undocumented) in Lebanon as a case in point, the attempt will be made to portray and discuss the responses of underdeveloped host communities to overwhelming increases in the size of their non-national population. Lebanon has faced various waves of refugees since its independence in 1943, making up between 2.5% (Iraqis) and 25% (Syrians) of the entire citizen population, currently estimated to be slightly over 4 million. Almost 500,000 Palestinian refugees are registered …


Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik Dec 2016

Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


Does Brexit Spell The Death Of Transnational Law?, Ralf Michaels Jan 2016

Does Brexit Spell The Death Of Transnational Law?, Ralf Michaels

Faculty Scholarship

The British leave vote in the referendum on EU membership has important implications for how we think about law . The vote must be viewed as a manifestation of a globalized nationalism that we find in many EU member states and many other countries. As such, it is also a challenge of the idea of transnational law, forcefully introduced in Jessup’s book on Transnational law 60 years ago. In this paper, I suggest that the hope to return from transnational law to the nation state of the 19th century is nostalgic and futile. However, I argue that transnational law has …


International Law In The Obama Administration's Pivot To Asia: The China Seas Disputes, The Trans- Pacific Partnership, Rivalry With The Prc, And Status Quo Legal Norms In U.S. Foreign Policy, Jacques Delisle Jan 2016

International Law In The Obama Administration's Pivot To Asia: The China Seas Disputes, The Trans- Pacific Partnership, Rivalry With The Prc, And Status Quo Legal Norms In U.S. Foreign Policy, Jacques Delisle

All Faculty Scholarship

The Obama administration’s “pivot” or “rebalance” to Asia has shaped the Obama administration’s impact on international law. The pivot or rebalance has been primarily about regional security in East Asia (principally, the challenges of coping with a rising and more assertive China—particularly in the context of disputes over the South China Sea—and resulting concerns among regional states), and secondarily about U.S. economic relations with the region (including, as a centerpiece, the Trans-Pacific Partnership). In both areas, the Obama administration has made international law more significant as an element of U.S. foreign policy and has sought to present the U.S. as …


Regulatory Coherence And Standardization In The Trans-Pacific Partnership, Phoenix X.F. Cai Jan 2016

Regulatory Coherence And Standardization In The Trans-Pacific Partnership, Phoenix X.F. Cai

Sturm College of Law: Faculty Scholarship

This article posits a new taxonomy and framework for assessing regulatory coherence in the new generation of mega-regional, cross-cutting free trade agreements. Using the Trans-Pacific Partnership as the primary example, this article situates the rise of regulatory coherence within the current trade landscape, provides clear definitions of regulatory coherence, and argues that the real engine of regulatory coherence lies in the work of international standard setting organizations. This work has been little examined in the current literature. The article provides a detailed examination of the mechanics by which the Trans-Pacific Partnership promotes regulatory standardization and concludes with some normative implications …


International Power Relations And State Collapse: The Ephemeral State Of Sovereignty In The Modern World Order, Christopher Allen Reese May 2015

International Power Relations And State Collapse: The Ephemeral State Of Sovereignty In The Modern World Order, Christopher Allen Reese

Chancellor’s Honors Program Projects

No abstract provided.


The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo Mar 2015

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …


Against The Grain: The Imf, Bread Riots, And Altered State Development In The Hashemite Kingdom Of Jordan, David M. Leathers Jan 2015

Against The Grain: The Imf, Bread Riots, And Altered State Development In The Hashemite Kingdom Of Jordan, David M. Leathers

CMC Senior Theses

Since the end of World War II, and especially over the past three decades, there has been a dramatic increase of interactions between international financial institutions (IFIs) and states. This paper will explore these interactions by examining the Hashemite Kingdom of Jordan and the International Monetary Fund (IMF). This paper rests on the assumption that the complex implications of these interactions are not yet comprehensively understood and will move towards that goal by setting forth a collection of new approaches to further understand IFI-state interaction. It will discuss Jordan’s economic and political history, structural adjustment policies implemented by the IMF, …


Power Shifts In International Law: Structural Realignment And Substantive Pluralism, William W. Burke-White Jan 2015

Power Shifts In International Law: Structural Realignment And Substantive Pluralism, William W. Burke-White

All Faculty Scholarship

For most of the past sixty years, the United States and Europe have led, independently and collectively, the international legal system. Yet, the rise of the BRICs over the past decade has caused a profound transformation of global politics. This paper examines the implications of this redistribution of power for international law. While international lawyers have long debated the ability of law to constrain state behavior, this paper shifts the debate from the power of law to the role of power within international law. It first advances a structural argument that the diffusion, disaggregation, and issue-specific asymmetries in the distribution …


Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana Dec 2014

Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana

Aziz Rana

No abstract provided.