Beyond The State

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Guide to the theories and debates that surround the key political concepts of state, citizenship and democracy today.

Despite growing skepticism about the value of international law and its compatibility with state sovereignty, states should improve and strengthen international law because it makes a critical contribution to an international order characterized by peace and justice. In recent years, international agreements and institutions have become particularly contentious. China is refusing to abide by the decision of an international arbitration decision implementing UNCLOS rules in the South China Sea, and Donald Trump has withdrawn the US from international agreements including the Paris Agreement on Climate Change of 2015. Such retreats expose widespread ambivalence towards cooperation through international law, and reverse the gains made by long-standing processes of legalization. In Law Beyond the State, Carmen Pavel responds to the ambivalent attitude states have with respect to international law by offering moral and legal reasons for them to improve, strengthen, and further institutionalize its capacity. She argues that the same reasons which support the development of law at the domestic level, namely the cultivation of peace, the protection of individual rights, the facilitation of complex forms of cooperation, and the resolution of collective action problems, also support the development of law at the international level. The argument thus engages in institutional moral reasoning. Pavel shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen's welfare. Thus, Pavel shows that international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice. At a time when challenges of cooperation beyond state boundaries include climate change, health epidemics, and large-scale human rights violations, Law Beyond the State issues a powerful reminder of the tools we have to address them.

Recent years have seen a range of theoretical challenges to traditional notions of state sovereignty and a burgeoning debate about the power of the state in the face of globalization and new forms of governance. In this important new text, Georg Sørensen provides a systematic assessment of the contemporary state, steering a middle course between those who argue the state is in retreat and their critics. In so doing he sheds new light on just what is actually changing in the nature of sovereign statehood, on changes in the relative power of different states and on the changing relationship between the domestic and external aspects of state power.

This is an accessible yet challenging introduction to the state and state theory, the author makes the distinction between "state" and "government" and discusses a world beyond the state.

Law beyond the State brings together contributions by renowned experts on international and European Union law to celebrate the centennial of Goethe‒Universität Frankfurt. The essays explore Frankfurt's contribution to the development of international law; the historical development of international law; how this form of law can be used as a tool to improve the world and create a better future for all; the essential relevance of the spiritual dimension of legal orders, including the European Union, to ensuring their values will be taken seriously; and the possibility, offered by the Internet, for all persons concerned with global lawmaking to participate effectively in relevant decision-making processes.

A revisionist account of Zionist history, challenging the inevitability of a one-state solution, from a bold, path-breaking young scholar The Jewish nation-state has often been thought of as Zionism’s end goal. In this bracing history of the idea of the Jewish state in modern Zionism, from its beginnings in the late nineteenth century until the establishment of the state of Israel, Dmitry Shumsky challenges this deeply rooted assumption. In doing so, he complicates the narrative of the Zionist quest for full sovereignty, provocatively showing how and why the leaders of the pre-state Zionist movement imagined, articulated and promoted theories of self-determination in Palestine either as part of a multinational Ottoman state (1882-1917), or in the framework of multinational democracy. In particular, Shumsky focuses on the writings and policies of five key Zionist leaders from the Habsburg and Russian empires in central and eastern Europe in the late nineteenth and early twentieth centuries: Leon Pinsker, Theodor Herzl, Ahad Ha’am, Ze’ev Jabotinsky, and David Ben-Gurion to offer a very pointed critique of Zionist historiography.

Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.