Hegemony And Sovereign Equality

The “interest contiguity theory,” which is the book’s centerpiece, holds that rather than a smooth, one-way cruise through history, humankind’s journey from the inception to the present has brought him/her face to face with broadly three types of interests. The first is the individual interest, which, strange as it may sound, tends to be internally contradictory. The second is society’s (or “national”) interest which, due to the clash of wills, is even more difficult than personal interest to harmonize. The third is the interest espoused to justify the establishment and maintenance of supranational institutions. Though conflicting, some interests are, due to their relative closeness (or contiguity), more easily reconcilable than others. In tracing the links between and among the three broad types of interests, the book begins with a brief philosophical discussion and then proceeds to examine the implications of human knowledge for individual liberty. Against the backdrop of the epistemological and ontological questions raised in the first chapter, the book examines the contending perspectives on the theory of the state, and in particular, the circumstances under which it is justified to place the interest of society over that of the individual. The focus of the fourth chapter is on the insertion of the supranational governance constant in the sovereignty equation, and on the conflict between idealist and realist, and between both and the Kantian explanations for the new order. The adequacy or otherwise of the conflicting explanations of the change from anarchy to a ‘new world order’ is the subject taken up in the succeeding chapters. Besides suggesting a new analytical tool for the study of politics and international relations, the contiguity theory offers statespersons new lenses with which to capture the seismic, perplexing and sometimes disconcerting changes unfolding before their eyes.

Successive hegemonic powers have shaped the foundations of international law. This book examines whether the predominance of the United States is leading to foundational change in the international legal system. A range of leading scholars in international law and international relations consider six foundational areas that could be undergoing change, including international community, sovereign equality, the law governing the use of force, and compliance. The authors demonstrate that the effects of US predominance on the foundations of international law are real, but also intensely complex. This complexity is due, in part, to a multitude of actors exercising influential roles. And it is also due to the continued vitality and remaining functionality of the international legal system itself. This system limits the influence of individual states, while stretching and bending in response to the changing geopolitics of our time.

The presence of Great Powers and outlaw states is a central but under-explored feature of international society. In this book, Gerry Simpson describes the ways in which an international legal order based on 'sovereign equality' has accommodated the Great Powers and regulated outlaw states since the beginning of the nineteenth-century. In doing so, the author offers a fresh understanding of sovereignty which he terms juridical sovereignty to show how international law has managed the interplay of three languages: the languages of Great Power prerogative, the language of outlawry (or anti-pluralism) and the language of sovereign equality. The co-existence and interaction of these three languages is traced through a number of moments of institutional transformation in the global order from the Congress of Vienna to the 'war on terrorism'.

A bracing critique of human rights law and activism from the perspective of the Global South. How are human rights norms made, who makes them, and why? In Human Rights Standards, Makau Mutua traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. Examining key texts and documents published since the inception of the human rights movement at the end of World War II, he crafts a bracing critique of these works from the hitherto underutilized perspective of the Global South. Attention is focused on the deficits of the international order and how that order, which is defined by multiple asymmetries, defines human rights in a manner that exhibits normative gaps and cultural biases. Mutua identifies areas of further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy across various cleavages and divides. The result is the first truly comprehensive critical look at the making of human rights norms and standards and, as such, will be an invaluable resource for students, scholars, activists, and policymakers interested in this important topic.

Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

Confucianism and Reflexive Modernity criticizes the paradigm of Asian Value Debate and defends a balance between individual empowerment and flourishing community for human rights in the context of global risk society from an enlightened post-Confucianism perspective.