Human Rights in the Emerging Global Order:
A New Sovereignty?
by
Published by Macmillan (UK) ISBN 0-333-72127-6 and St. Martin's Press ISBN 0-312-21468-5.
Abstract
This book examines how the concept of sovereignty is changing as a result of normative, empirical, and institutional developments. From a normative political theory perspective it argues that respect for human rights, popular sovereignty, and self-determination are inherent in the social purpose of the state and thus must be considered when evaluating claims to sovereignty and non-intervention. Human Rights in the Emerging Global Order examines how recent international practice in the areas of human rights, self-determination, refugees and human migration, and humanitarian intervention are challenging traditional conceptions of sovereignty in important, yet ambiguous, ways. Finally, it provides policy prescriptions to deal with these continuing humanitarian problems. The book concludes that the concept of sovereignty is changing, albeit in ambiguous ways, and argues that we need a more fluid notion of sovereignty that recognizes the partial, multiple and overlapping centers and levels of authority and power which are developing in the emerging global order.
Contents
Preface
List of Abbreviations
Introduction
Chapter 1: Reconstructing Sovereignty
The Concept of Sovereignty
A Postmodern Perspective
Undermining Sovereignty
International Law
Subnational and Transnational Actors
Changing Functions and Dynamics of the State
Human Rights
The New Sovereignty
Chapter 2: The Quest for Community: Internal Challenges to Sovereignty
Whose Identity?
Communal Conflict in Theory and Practice
Self-Determination As A Legal Norm
Self-Determination As A Moral Principle
Human Rights and Self-Determination
Self-Determination in Practice
Self-Determination and Sovereignty
Chapter 3: Permeable Borders: Human Migration
Crossing Borders
The Forcibly Displaced
Controlling Borders?
International Law and Institutional Frameworks
The Internally Displaced
The Morality of Borders
Open Borders
Admitting the Other
Human Migration and Sovereignty
Chapter 4: Humanitarian Access and Intervention
Access and Intervention
Intervention: The Legal Framework
Unilateral Humanitarian Intervention
Regional and Global Intervention
Humanitarian Access
Moral Issues
Criteria for Humanitarian Access and Intervention
Access, Intervention, and the New Sovereignty
Chapter 5: The Institutional Foundations of the New Sovereignty
Self-Determination
Displacement
Access and Intervention
Institutional Innovation and Sovereignty
Chapter 6: Concluding Observations on the New Sovereignty
Bibliography
Index
