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Vol 21 No 11 Nov/Dec 2016

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Cooperative Sovereignty

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ISBN13: 9789041114266
ISBN: 9041114262
Published: September 2000
Publisher: Brill Academic Publishers
Format: Hardback
Price: £188.00



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In the late 20th century, it has become widely accepted that States need to co-operate in order to pursue effectively their interests within the increasingly interdependent world order. At the same time, the principle of sovereignty is still often invoked as a claim for independence and a justification for non-cooperation. This book goes beyond that traditional understanding to develop a theory which holds that co-operation between States is not an independent principle supplementing State sovereignty or even a counterweight to State sovereignty. Rather, co-operation should be conceived an element of the very notion of sovereignty itself. Sovereignty is not a negative principle meaning merely State independence and freedom, but it also inherently includes a positive element which stresses a State's innate membership in the international community and its authority, its responsibility, its duty to participate actively in that community. In short, sovereignty not only means independence, it also means a responsibility to co-operate.;The first part of the book traces the history of the principle of sovereignty from the theories of Grotius and Francisco de Vitoria to the modern understanding of the principle in the light of the United Nations system. The second part of the book poses challenges to the traditional concept of sovereignty in the light of the 20th century interdependence, and the third part goes on to formulate a new theory which takes into account the principles of customary law and treaty law. The conclusions drawn on by the author are refreshing, but may also be controversial, and this book should contribute to the discussion and development of the principle of sovereignty in international law.

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Contents:
Preface. Summary of Contents. Table of Contents. Abbreviations. Introduction. Part I: Traditional Approach: Sovereignty and Permanent Soverignty as Independence.
1. Sovereignty as Independence.
2. Permanent Sovereignty Over Natural Resources as Independence. Part II: Challenges of the Traditional Approach.
3. The New Reality and the Premises of Sovereignty.
4. The New Reality and the Key Elements of Sovereignty. Part III: The Modern Approach: Sovereignty as Responsibility to Cooperate.
5. A Functional Analysis of Sovereignty.
6. Sovereignty and Permanent Sovereignty as Responsibility to Cooperate. Bibliography. Index.