Item description for Cooperative Sovereignty:From Independence to Interdependence in the Structure of International Environmental Law by Franz Perrez...
In the late 20th century, it has become widely accepted that States need to cooperate 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 new theory which holds that cooperation between States is not an independent principle supplementing State sovereignty or even a counterweight to State sovereignty. Rather, cooperation 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 cooperate.
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 will most definitely contribute to the discussion and development of the principle of sovereignty in international law.
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Est. Packaging Dimensions: Length: 9.61" Width: 6.46" Height: 1.1" Weight: 1.76 lbs.
Release Date Sep 20, 2000
ISBN 9041114262 ISBN13 9789041114266
Reviews - What do customers think about Cooperative Sovereignty:From Independence to Interdependence in the Structure of International Environmental Law?
Environmental Interdependence and Cooperative Sovereignty Apr 9, 2001
The traditional concept of sovereignty as independence and freedom constitutes an iron curtain between states and is rather an impediment than a useful concept in today's interdependent world. By turning the traditional understanding of sovereignty as unlimited freedom and independence upside-down and arguing that the responsibility to co-operate is an integral part of sovereignty, Franz Xaver Perrez's book "Cooperative Sovereignty: From Independence to Interdependence in International Environmental Law" provides a new, contemporary and indeed very helpful concept of sovereignty. The author persuasively demonstrates that while sovereignty has emerged as a primarily negative principle emphasising independence and freedom, this independence was limited at the origins of the principle and that sovereignty evolved only in the 18th and 19th century into an absolute concept of unlimited freedom and independence. However, this traditional understanding isn't able anymore to provide an effective conceptual basis to deal with today's challenges. After a examining the traditional understanding of sovereignty, the book "Cooperative Sovereignty" makes clear that the premises and the key-elements of sovereignty appear today in a different light. It demonstrates that in order to deal effectively with today's challenges, sovereignty has to include a duty to co-operate and that the modern international law indeed accepts such a duty. The conclusion that sovereignty in the light of the modern international law includes inherently the authority to be a member of the international community and as such the right and the duty to co-operate is convincing. For me as an environmental lawyer, the interesting discussions of the environmental context of sovereignty - be it the evolution of international environmental law, the existence of an obligation to co-operate in international environmental law or the states' position in a globally interdependent eco-system - are an especially valuable part of this book. Much has been written on sovereignty, its thorough analysis, its concise argumentation and its innovative conclusion make this book an outstanding and important contribution to this literature.
A fresh look on sovereignty - a concept easily misunderstood Apr 9, 2001
Is sovereignty what we tend to think it is? Probably not quite - read this book! Its new look on this evergreen concept is worth every minute. Perrez does a masterly job in guiding the reader on a refreshing tour through the history of the concept all the way to the end of the twentieth century, with a focus on environmental law, a fruitful ground indeed for his explorations. His profound analysis demonstrates that, at the turn of the millennium, sovereignty cannot be thought without co-operation, an element that was always an inherent part of the concept itself. One would wish that all policy makers and international lawyers understood and internalized this message when embarking on shaping international relations and the law of (sovereign) nations in the 21st century!