This chapter looks at sovereignty. Sovereignty is often defined as ‘supreme authority within a territory’. Analyses of sovereignty often operate across three domains — conceptual, descriptive-explanatory, and normative — with a view to examining the idea of sovereignty and its place in the political landscape. Since World War II, there have been significant international developments designed to consolidate the promise of an international state system committed to the principle of state sovereignty, while tempering its risks and excesses. A major landmark was the adoption of the Universal Declaration of Human Rights (1948). These developments raise questions about what sovereignty is, does, and where its limits ought to lie. The chapter then considers borders. Borders vary in the degree to which they are peaceful or contested, fortified, open or closed, and selectively open and closed to whom and what.
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12. Sovereignty and Borders
Sarah Fine
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3. Locating law in the international system
This chapter examines the sources of international law. International legal rules are not as easily located as their domestic law counterparts. Whereas at the domestic level, only a relatively small number of bodies are endowed with law-making powers, at the international level, all states have law-making capacity. Moreover, state acts are not the only source of international legal rules. The result is a mosaic of law-making processes, forums, and regimes. The chapter focuses on the two most significant sources of international law: treaties and customary international law. It then turns to the relationship between international law-making and the principle of state sovereignty. Finally, the chapter considers the body of non-binding norms, which increasingly permeates and regulates all facets of international life. This so-called soft law takes many forms; it is often highly influential in its own right and may harden into binding law over time.
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7. Global economic and trade governance
This chapter addresses the intersection of international law and international politics as it relates to global trade. To study global economic governance is to study international law, international relations, and international political economy (IPE) all at once. The chapter begins with a brief introduction to IPE, a discipline which seeks to understand the workings of the global economy in its political context. It examines the relationship between economic globalization and state sovereignty, before turning to the construction of the postwar global economic order, with a focus on the Bretton Woods institutions. The postwar global economic order has often been described as ‘liberal’ by virtue of its underlying assumptions and the ideological convictions of its framers. Importantly, the postwar liberal order was built by, and for, the developed countries of the Global North-a fact that has informed critiques emanating from the developing countries of the Global South. The chapter then assesses global trade governance, analysing the structure, powers, and role of the World Trade Organization.