Globalization and Sovereignty: Rethinking Legality, Legitimacy, and Constitutionalism [Hardcover]

This book examines the way in which globalisation has affected our thinking about sovereignty, human rights, law and legitimacy.This book seeks to show that human rights and sovereign equality are not antithetical but two key principles of our current dualistic international political system and that both are needed for a more just, legitimate and effective version of that system.This book seeks to show that human rights and sovereign equality are not antithetical but two key principles of our current dualistic international political system and that both are needed for a more just, legitimate and effective version of that system.Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyses the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprising an international society of states and a global political community in which human rights and global governance institutions affect the law, policies and political culture of sovereign states. She advocates the constitutionalisation of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians and theorists of constitutionalism.Introduction; 1. Sovereignty in the context of globalization: a constitutional pluralist approach; 2. Constitutionalism and political form: rethinking federation; 3. International human rights, sovereignty and global governance: toward a new political conception; 4. Sovereignty and hul£/