グローバル化と国家主権：合法性と正当性の再考 Globalization and Sovereignty : Rethinking Legality, Legitimacy, and Constitutionalism

Cohen, Jean L.

Cambridge University Press（2012/08発売）

• 製本 Hardcover:ハードカバー版／ページ数 456 p.
• 言語 ENG
• 商品コード 9780521765855
• DDC分類 320.15

Full Description

Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

Contents

Introduction; 1. Sovereignty in the context of globalization: a constitutional pluralist approach; 2. Constitutionalism and political form: rethinking federation; 3. International human rights, sovereignty and global governance: toward a new political conception; 4. Sovereignty and human rights in 'post conflict' constitution-making: toward a jus post-bellum for 'interim occupations'; 5. Security council activism in the 'war on terror': legality and legitimacy reconsidered; Conclusion.