Suchergebnisse

Jurisprudence has up until recently largely neglected international law as a subject of philosophizing. The Nature of International Law tries to offset against this deficiency by providing a comprehensive explanatory account of international law. It does so within an analytical tradition, albeit within the one which departs from the nowadays dominant method of the metaphysically-driven conceptual analysis. Instead, it adopts the prototype theory of concepts, which is directed towards determining typical features constitutive of the nature of international law. The book's central finding is that those features are: normativity, institutionalization, coercive guaranteeing, and justice-aptness. Since typical features are context sensitive, their specificities at the international level are further elucidated. The book, finally, challenges the often raised claim that fragmentation is international law's unique feature by demonstrating that international institutional actors, particularly adjudicative ones, largely perceive themselves as officials of a unified legal order

Disputes about sovereignty mainly arise in those cases where fundamental rights are infringed, or democratic participation denied, on account of the citizens' membership in certain ethno-cultural minority groups. Moreover, the fact that serious challenges to sovereignty can be detected even in ethno-culturally diverse polities, which by all standards qualify as fairly just liberal-democracies, can only mean that the complex relationship between sovereignty and the diversity challenge is in need of serious consideration and analysis. By observing sovereignty and diversity through the lens of a

Sovereignty, statehood, and the diversity challenge -- pt. 1.Theorizing contested sovereignty -- Liberalism, secession and violence -- Why borders? Self-determination and the ethics of secession -- Role of uti possidetis in determining boundaries -- pt. 2.Reconciling sovereignty and diversity -- Trust and tolerance as state making values in multicultural societies -- Can decentralization do what federalism promises? -- Minority protection mechanisms as means to prevent and settle disputes over sovereignty -- pt. 3. Sovereignty and diversity in practice -- The legal regulation of secession: lessons from Yugoslavia and Canada -- Final status for Kosovo: should we really be petrified with the partition option? -- Higher law making as a political resource: constitutional amendments and the constructive fragmentation of sovereignty in India