Globalization and Sovereignty: Rethinking Legality, by Jean L. Cohen

By Jean L. Cohen

Sovereignty and the sovereign country are usually obvious as anachronisms; Globalization and Sovereignty demanding situations this view. Jean L. Cohen analyses the hot sovereignty regime emergent because the Nineties evidenced by way of the discourses and perform of human rights, humanitarian intervention, transformative career and the UN specific sanctions regime that blacklists alleged terrorists. proposing a scientific idea of sovereignty and its transformation in overseas legislations and politics, Cohen argues for the continuing significance of sovereign equality. She deals a conception of a dualistic international order comprising a world society of states and a world political neighborhood within which human rights and worldwide governance associations impact the legislation, rules and political tradition of sovereign states. She advocates the constitutionalisation of those associations, in the framework of constitutional pluralism. This e-book will entice scholars of overseas political concept and legislations, political scientists, sociologists, felony historians and theorists of constitutionalism.

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My third thesis in the chapter is that the much-discussed project of the further constitutionalization of public international law is the right remedy, but a great deal depends on how it is understood. As already indicated, the UN is now at the center of the global political system and certain global governance functions are unavoidable. These must be guided in part by cosmopolitan principles and the rule of law. A project for correcting the flawed hybrid design of the Charter is crucial, but it must aim at a different type of dualism: a new sovereignty regime that places all the members of the UN in the same structural relationship to the organization (inside it), formalizing the principle of sovereign equality of states in relation to the UN itself.

27 The dilemma that neither a sovereign will nor a sovereign state can be bound or permanently bind itself yet must be able to act as a legal person in international law and hence to bind itself and be bound by that law flows, as indicated in the introduction, from this absolutist conception. 2 the legalist challenge 29 The principles of non-intervention and domestic jurisdiction, the rules of war, and the obligation to respect treaties applied only to European member states, not between them and the rest of the world – no equal sovereignty was ascribed to non-European states no matter how much effective control or competent governance they exhibited.

The risk is a new form of global hegemony that undermines the legitimacy of contestation and politics as antithetical to the global rule of law. As we shall see, however, the new global legal pluralists also abandon the discourse of sovereignty as anachronistic and authoritarian insofar as it has always been used to deny the legal quality of non-state domestic normative orders and of non-sovereign polities. What the new global legal pluralists object to in the current discourse of global constitutionalism is its tendency to transpose the hierarchical unitary and monist sovereigntist mindset formerly linked to the state, to the global domain.

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