This book provides a new and somewhat unorthodox interpretation of it from the standpoint of a theory of practice. As usual, Bronner presents his work in a style accessible to both an academic and general readership.

The Right of Sovereignty - Daniel Lee - Oxford University Press

The entry provides, on the one hand, a restatement of sovereignty’s historical development, a presentation of the concept and its various conceptions, a critical explanation of its legal nature and sources, and an analysis of its current regime under international law; and, on the other, a discussion of its contentious relationship to human rights and democracy and an assessment of some of the specific difficulties it raises for international law nowadays and of how it is currently developing.The second is that “there was only one meaningful Brexit, which was to leave the Single Market, the Customs Union and the jurisdiction of the European Court of Justice”. For Schmitt, the mixture of legal and moral elements in earlier conceptions of sovereignty actually constituted the fundamental problem of sovereignty throughout its history. If States were to remain ultimate authorities on the inside, they needed to be independent on the outside. As a matter of fact, international law is not—or not yet, some would say—the law of a global State or political community but of many national and regional polities. In short, it is one of the characteristics of sovereignty to be a threshold-concept, whose threshold itself is contestable.

Sovereignty, and International Governance | Oxford State, Sovereignty, and International Governance | Oxford

One argument against it may reside in the contestation of sovereignty and hence of this minimal threshold. But sovereignty, and sovereign equality, in particular, protects democratic autonomy in a State’s external affairs and remains justified for this separately from international human rights. Importantly, however, international sovereignty protects a collective entity of individuals—a people—and not individual human beings per se.According to Schmitt, by contrast, the concept of sovereignty is not even normative in a legal sense anymore. International sovereignty objectively limited in this way became, in other words, a direct way to secure domestic sovereignty in a legitimate fashion. Brexit, like it or not, is a fact, and it would be a great service to us all if someone could set out a half-convincing case for why it makes sense. Or do you want to subject yourself to the discipline required now to achieve ultimate and lasting freedom? Throughout history, a whole range of people have made claims to juridical independence in everyday life.

Aboriginal sovereignty in Australia - Creative Spirits Aboriginal sovereignty in Australia - Creative Spirits

Hence the difficulty there can be in distinguishing between parliamentary sovereignty on the inside and State sovereignty on the outside. Perhaps the part that I enjoyed most about the book is how Ryan split the book into explanations of topics and then dove into how to address issues. Here, in his book The Sovereign, Bronner provides an original and provocative set of views on this urgent topic—especially topical owing to its clear focus on such pressing issues as immigration, refugees, populism, transnational power, and the fate of democracy not only in the United States but around the world.

Secondly, and this is as much a cause as a consequence, international law was conceived exclusively as a network of conventions and mutual promises whose source was State consent. In international law, internal sovereignty is used to mean the supreme authority within a territory or the ultimate power within that territory ( Customs Regime between Germany and Austria [Advisory Opinion] [Individual Opinion of Judge Anzilotti] 57).

Globalization and Sovereignty - Cambridge University Press

Finally, however, and as for Bodin, the sovereign is limited by the laws of nature and in particular the individual right to protect one’s own life. Others enumerate different competences which might constitute a minimal threshold of authority and be used to identify a sovereign entity. However, when it is, the tensions are reminiscent of those between popular sovereignty and human rights in the domestic context and ought actually to be resolved in the domestic context.The only exception one may mention is the internal sovereignty of protectorates that is not (yet) matched by external sovereignty ( Protectorates and Protected States). Moreover, just as modern domestic sovereignty emerged through a limitation of classic and early modern sovereignty, modern international sovereignty is a limited version of its classic correspondent. It was then that the principle of territorial delimitation of State authority and the principle of non-intervention were formally established.