Sovereignty in Transition by Neil Walker

By Neil Walker

Show description

Read or Download Sovereignty in Transition PDF

Best mexico books

The New World of Martin Cortes

Whereas gaining knowledge of "Malinche's Conquest", Anna Lanyon found Malinche had a son, Martin Cortes, remembered via Mexicans because the first mestizo, and used to be forced to enquire his tale, because it is as nice an experience as his mother's. it's a tale of trips among worlds: these of Indian mom and Spanish father, of the Americas and Europe, of feudal earlier and colonial destiny.

Extra info for Sovereignty in Transition

Example text

Issues (i) and (ii) neatly reflect [R] and [I]. e. universally acknowledged legal principles, we do not need the concept of sovereignty anymore. It cannot shield a state from intervention when gross violations of these principles are at issue, and it does not designate the instances that are to uphold them. Issue (ii) strongly suggests that there is some form of circularity hiding in the concept of sovereignty itself, regardless of whether it is applied on a national or a supranational level. The question is whether it takes legal rules to empower an agent (NATO) to act as an official, or a powerful agent (NATO) to really set and uphold some rules as legal in the first place?

See HLA Hart The Concept of Law 2nd edition (Oxford, Clarendon, 1994) ch 5. 70 Above, n 39, drawing on Panofsky. 72 Yet while these cases may be the most spectacular, they are merely the tip of the relational iceberg of constitutional pluralism. There are many other contexts of interaction between sites where the overlap of jurisdiction, interests and aspirations provides scope for competition and co-operation and where other mechanisms and practices of communication hold sway. Sometimes, as with the preliminary reference procedure under Article 234 EC, there is a formalised bridging mechanism at the level of structural rules which provides an authoritative resolution or avoidance of difference.

See in particular, the much discussed and controversial proposals of Joschka Fischer in ‘From Confederacy to Federation: Thoughts on the Finality of European Integration’, reprinted together with a series of responses in C Joerges, Y Meny and JHH Weiler (eds) ‘What Kind of Constitution for What Kind of Polity? Responses to Joschka Fischer’ (Florence, Robert Schuman Centre, 2000). qxd 10/15/2003 5:45 PM Page 27 Late Sovereignty in the European Union 27 unstable and shifting alliances and competitions between different geopolitical strategies and different substantive policy aspirations does not suggest any smooth completion of new sovereign projects, but instead further fragmentation, the emergence of more and more putative polities, which precisely because of the remorseless dynamic of fragmentation are not necessarily sovereign entities-in-waiting.

Download PDF sample

Rated 4.22 of 5 – based on 43 votes