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This book explores the interplay between sovereignty, politics and
law through different conceptualizations of sovereignty. Despite
developments such as European integration, globalization, and state
failure, sovereignty proves to be a resilient institution in
contemporary international politics. This book investigates both
the continuity and change of sovereignty through an examination of
the different ways it is understood; sovereignty as an institution,
as identity; as a (language) game; and as subjectivity. In this
illuminating book, Aalberts examines sovereign statehood as a
political-legal concept, an institutional product of modern
international society, and seeks an interdisciplinary approach that
combines international relations and international law. This book
traces the consequences of this origin for the conceptualization of
sovereign statehood in modern academic discourse, drawing on key
jurisprudence and international treaties, and provides a new
framework to consider the international significance of
sovereignty. As an innovative approach to a critical institution,
Constructing Sovereignty between Politics and Law will be of
interest to students and scholars of international relations,
international relations theory and international law.
With more than 158,000 treaties and some 125 judicial
organisations, international law has become an inescapable factor
in world politics since the Second World War. In recent years,
however, international law has also been increasingly challenged as
states are voicing concerns that it is producing unintended effects
and accuse international courts of judicial activism. This book
provides an important corrective to existing theories of
international law by focusing on how states respond to increased
legalisation and rely on legal expertise to manoeuvre within and
against international law. Through a number of case studies,
covering a wide range of topical issues such as surveillance,
environmental regulation, migration and foreign investments, the
book argues that the expansion and increased institutionalisation
of international law itself have created the structural premise for
this type of politics of international law. More international law
paradoxically increases states' political room of manoeuvre in
world society.
With more than 158,000 treaties and some 125 judicial
organisations, international law has become an inescapable factor
in world politics since the Second World War. In recent years,
however, international law has also been increasingly challenged as
states are voicing concerns that it is producing unintended effects
and accuse international courts of judicial activism. This book
provides an important corrective to existing theories of
international law by focusing on how states respond to increased
legalisation and rely on legal expertise to manoeuvre within and
against international law. Through a number of case studies,
covering a wide range of topical issues such as surveillance,
environmental regulation, migration and foreign investments, the
book argues that the expansion and increased institutionalisation
of international law itself have created the structural premise for
this type of politics of international law. More international law
paradoxically increases states' political room of manoeuvre in
world society.
This book explores the interplay between sovereignty, politics and
law through different conceptualizations of sovereignty. Despite
developments such as European integration, globalization, and state
failure, sovereignty proves to be a resilient institution in
contemporary international politics. This book investigates both
the continuity and change of sovereignty through an examination of
the different ways it is understood; sovereignty as an institution,
as identity; as a (language) game; and as subjectivity. In this
illuminating book, Aalberts examines sovereign statehood as a
political-legal concept, an institutional product of modern
international society, and seeks an interdisciplinary approach that
combines international relations and international law. This book
traces the consequences of this origin for the conceptualization of
sovereign statehood in modern academic discourse, drawing on key
jurisprudence and international treaties, and provides a new
framework to consider the international significance of
sovereignty. As an innovative approach to a critical institution,
Constructing Sovereignty between Politics and Law will be of
interest to students and scholars of international relations,
international relations theory and international law.
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