Contracting States


Book Description

Increasingly today nation-states are entering into agreements that involve the sharing or surrendering of parts of their sovereign powers and often leave the cession of authority incomplete or vague. But until now, we have known surprisingly little about how international actors design and implement these mixed-sovereignty arrangements. Contracting States uses the concept of "incomplete contracts"--agreements that are intentionally ambiguous and subject to future renegotiation--to explain how states divide and transfer their sovereign territory and functions, and demonstrate why some of these arrangements offer stable and lasting solutions while others ultimately collapse. Building on important advances in economics and law, Alexander Cooley and Hendrik Spruyt develop a highly original, interdisciplinary approach and apply it to a broad range of cases involving international sovereign political integration and disintegration. The authors reveal the importance of incomplete contracting in the decolonization of territories once held by Europe and the Soviet Union; U.S. overseas military basing agreements with host countries; and in regional economic-integration agreements such as the European Union. Cooley and Spruyt examine contemporary problems such as the Arab-Israeli dispute over water resources, and show why the international community inadequately prepared for Kosovo's independence. Contracting States provides guidance to international policymakers about how states with equally legitimate claims on the same territory or asset can create flexible, durable solutions and avoid violent conflict.




Contracting with Sovereignty


Book Description

The application of international law to state contracts with foreign private companies was the cause of continuing controversy throughout much of the twentieth century. State contractual undertakings with foreign investors raise a number of legal issues that do not fit well into the traditional pattern of international law as a law between states, but which also cannot be satisfactorily resolved by the exclusive application of the municipal law of the contracting state. In recent years the controversy has gained new prominence as a result of the advent of a new form of international dispute settlement, namely the mechanism of investment treaty arbitration. The main feature of this model of dispute resolution is that foreign investors are entitled to bring claims against states directly before international arbitral tribunals. This model, which emerged strongly in the late 1990s, has generated a rapidly expanding body of arbitral case law and in the process become one of the most significant new developments in modern international law. Many of the disputes subject to investment treaty arbitration have their origin in contractual commitments made by states toward foreign investors. At the same time international commercial arbitration continues to be the preferred means of dispute resolution in contracts between foreign investors and states or state entities. This book explores how contract claims against states are dealt with in the two parallel processes of treaty-based and contract-based arbitration. The book charts the development of commercial arbitration into an international legal remedy in this field, discusses the theoretical problems which it creates for international law, and outlines the most significant substantive features of the international law applicable to contract claims as developed by arbitral tribunals on the basis of treaty standards and customary law. This title is included in Bloomsbury Professional's International Arbitration online service.




Permanent Sovereignty over Natural Resources


Book Description

Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.




Outsourcing Sovereignty


Book Description

Reliance on the private military industry and the privatization of public functions has left our government less able to govern effectively. When decisions that should have been taken by government officials are delegated (wholly or in part) to private contractors without appropriate oversight, the public interest is jeopardized. Books on private military have described the problem well, but they have not offered prescriptions or solutions this book does.




Perspectives on Digital Humanism


Book Description

This open access book aims to set an agenda for research and action in the field of Digital Humanism through short essays written by selected thinkers from a variety of disciplines, including computer science, philosophy, education, law, economics, history, anthropology, political science, and sociology. This initiative emerged from the Vienna Manifesto on Digital Humanism and the associated lecture series. Digital Humanism deals with the complex relationships between people and machines in digital times. It acknowledges the potential of information technology. At the same time, it points to societal threats such as privacy violations and ethical concerns around artificial intelligence, automation and loss of jobs, ongoing monopolization on the Web, and sovereignty. Digital Humanism aims to address these topics with a sense of urgency but with a constructive mindset. The book argues for a Digital Humanism that analyses and, most importantly, influences the complex interplay of technology and humankind toward a better society and life while fully respecting universal human rights. It is a call to shaping technologies in accordance with human values and needs.




The Social Contract, and Discourses


Book Description

After an old university friend and fellow archeologist's murdered, forensic archeologist Ruth Galloway travels to Lancashire to examine the bones he found, which reveal a shocking fact about King Arthur, and discovers a campus living in fear of a sinister right-wing group called the White Hand.




State Responsibility for Breaches of Investment Contracts


Book Description

This book critically analyses the origins, the creation, and the evolution of an international law on investment contract protection.




Resistance and Change in the International Law on Foreign Investment


Book Description

Explores the political context of the rapid changes in the international law on foreign investment made through investment arbitration.




Co-governed Sovereignty Network


Book Description

This open access book introduces MIN, a novel networking architecture to implement the sovereign equality of all countries in the cyberspace. Combining legal theory and network technology, it first discusses the historical development of sovereignty and expounds the legal basis of cyberspace sovereignty. Then, based on the high-performance blockchain, it describes a new network architecture designed to implement co-governance at the technical level. Explaining network sovereignty and including rich illustrations and tables, the book helps readers new to the field grasp the evolution and necessity of cyberspace sovereignty, gain insights into network trends and develop a preliminary understanding of complex network technologies such as blockchain, security mechanisms and routing strategies. The MIN network implements the our principles of cyberspace adopted by most nations and people: respecting cyber sovereignty; maintaining peace and protection; promoting openness and cooperation; and building good order to provide network system security. There maybe three scales of application scenario for MIN, the big one is for UN of Cyberspace, the middle one is for Smart city, the small one is for enterprise group or organizations as private network, MIN-VPN. We have developed the product of MIN-VPN, you could find its message on the preface if care about the security of your network.




Cultural Sovereignty beyond the Modern State


Book Description

Die Zeitschrift bietet der Erforschung der europäischen Interaktionen und der geistig-sozialen Prozesse übergreifenden Charakters ein Forum, aber auch Studien zur Ausstrahlung Europas nach Außereuropa. Jeder Band des Jahrbuchs ist einem Kernthema gewidmet, ohne dass dies die Aufnahme "sonstiger" Beiträge ausschließt. Die Zeitschrift enthält Forschungsberichte zu ausgewählten Themen. Durch eine Auswahlbibliographie des im zurückliegenden Jahr erschienenen einschlägigen Schrifttums und eine Rubrik, in der sich Europa-Institute und Europa-Projekte des In- und Auslands vorstellen, wird sein informativer Charakter noch unterstrichen.