State Formation And Shared Sovereignty

Through a comparative study of alliances in the Holy Roman Empire and the Low Countries, Christopher W. Close offers new perspectives on how alliances in early modern Europe promoted shared sovereignty, and how this influenced the evolution of states in early modern Europe.

"In May 1608, several Protestant rulers in the Holy Roman Empire convened an emergency summit in the Swabian town of Auhausen. Weeks earlier, they had walked out of the Imperial Diet, the Empire's main legislative assembly, to protest what they deemed Catholic attempts to undermine the Empire's constitution. Speaking in one voice, those gathered in Auhausen condemned their opponents' "hostile and violent actions" as a threat to the Empire and its members, known as Imperial Estates. If left unchecked, rogue actors would "create one disturbance after another in the beloved Fatherland, thereby wreaking havoc with the entire ancient and praiseworthy imperial constitution. The result will be nothing less than the destruction of all good order, law, and prosperity." Only by uniting "in a loyal understanding and association" could peace-loving authorities prevent this catastrophe. Accordingly, the Estates assembled in Auhausen formed an alliance, set to last for ten years, which became known as the Protestant Union. By pooling their resources through this corporate framework, the Union's founders argued they acted as the Empire's saviors. Their collective endeavor did not seek "the collapse of the Holy Empire's constitution, but much more to strengthen the same and to better preserve peace and unity in the Empire.""--

In fragile states, domestic and international actors sometimes take the momentous step of sharing sovereign authority to provide basic public services and build the rule of law. While sovereignty sharing can help address gaps in governance, it is inherently difficult, risking redundancy, confusion over roles, and feuds between partners when their interests diverge. In Sovereignty Sharing in Fragile States, John D. Ciorciari sheds light on how and why these extraordinary joint ventures are created, designed, and implemented. Based on extensive field research in several countries and more than 150 interviews with senior figures from governments, the UN, donor states, and civil society, Ciorciari discusses when sovereignty sharing may be justified and when it is most likely to achieve its aims. The two, he argues, are closely related: perceived legitimacy and continued political and popular support are keys to success. This book examines a diverse range of sovereignty-sharing arrangements, including hybrid criminal tribunals, joint policing arrangements, and anti-corruption initiatives, in Sierra Leone, Cambodia, Lebanon, Timor-Leste, Guatemala, and Liberia. Ciorciari provides the first comparative assessment of these remarkable attempts to repair ruptures in the rule of law—the heart of a well-governed state.

Many conflicts throughout the world can be characterized as sovereignty conflicts in which two states claim exclusive sovereign rights for different reasons over the same piece of land. It is increasingly clear that the available remedies have been less than successful in many of these cases, and that a peaceful and definitive solution is needed. This book proposes a fair and just way of dealing with certain sovereignty conflicts. Drawing on the work of John Rawls in A Theory of Justice, this book considers how distributive justice theories can be in tune with the concept of sovereignty and explores the possibility of a solution for sovereignty conflicts based on Rawlsian methodology. Jorge E. Núñez explores a solution of egalitarian shared sovereignty, evaluating what sorts of institutions and arrangements could, and would, best realize shared sovereignty, and how it might be applied to territory, population, government, and law.

The present international system, composed for the most part of sovereign, territorial states, is often viewed as the inevitable outcome of historical development. Hendrik Spruyt argues that there was nothing inevitable about the rise of the state system, however. Examining the competing institutions that arose during the decline of feudalism--among them urban leagues, independent communes, city states, and sovereign monarchies--Spruyt disposes of the familiar claim that the superior size and war-making ability of the sovereign nation-state made it the natural successor to the feudal system. The author argues that feudalism did not give way to any single successor institution in simple linear fashion. Instead, individuals created a variety of institutional forms, such as the sovereign, territorial state in France, the Hanseatic League, and the Italian city-states, in reaction to a dramatic change in the medieval economic environment. Only in a subsequent selective phase of institutional evolution did sovereign, territorial authority prove to have significant institutional advantages over its rivals. Sovereign authority proved to be more successful in organizing domestic society and structuring external affairs. Spruyt's interdisciplinary approach not only has important implications for change in the state system in our time, but also presents a novel analysis of the general dynamics of institutional change.

State sovereignty is an inherently social construct. The modern state system is not based on some timeless principle of sovereignty, but on the production of a normative conception that links authority, territory, population, and recognition in a unique way, and in a particular place (the state). The unique contribution of this book is to describe and illustrate the practices that have produced various sovereign ideals and resistances to them. The contributors analyze how the components of state sovereignty are socially constructed and combined in specific historical contexts.

From the middle of the 20th century, the cessation of sovereignty, either partial or complete, has become a commonplace of international relations. This volume examines how states divide & transfer sovereignty & functions, in particular how 'incomplete contracts' have come to assume a central role in the process.

Viewed through an interdisciplinary lens, this study analyzes Westphalian sovereignty, the global economy, ethnonationalism, territorial identity, the state of nature, implications of weak and failed states, conflict management, and shared sovereignty in the negotiation process. This project reexamines sources of conflict and demonstrates the moral ramifications of shared sovereignty as a diplomatic alternative to violence.

State sovereignty is the foundation of international relations. This thought-provoking book explores the gap between seeing sovereignty as either absolute or relative. It argues that state sovereignty is both factual and judicial and that the 'loss' of sovereignty exists only at the margins of the international society. With many interesting real-world examples of ambiguous sovereignty examined, this is an important argument against those who are quick to claim that 'sovereignty' is under assault.