BOOK PREVIEW [coming May 2017] Sovereignty Conflicts and International Law and Politics: A Distributive Justice Issue. Chapter One: General Structure

Sovereignty Conflicts and International Law and Politics

A Distributive Justice Issue

By Jorge E. Núñez

Previously:


Chapter One

General structure

To evaluate the potential for using principles of distributive
justice to resolve certain kinds of sovereignty conflicts, 
the monograph is divided into three Parts.

The First Part

The First Part—i.e. Chapters One and Two—includes 
discussion on two preliminary potential pitfalls to this project 
that is the use of Rawlsian methodology and the use of the 
concept of ‘sovereignty’. Chapter One, the Introduction, 
presents some simplifying assumptions and the 
basic elements that constitute this study and in 
particular goes through the critical discussion on 
Rawls methodology in order to justify its application.
Chapter Two will address a key task in developing the 
new approach: to examine if the concept of 
‘sovereignty’, which is assumed by many to be absolute, 
can be (and in fact, actually is) limited. This Chapter 
follows two lines of analysis: a) conceptual; and b) historical.

The Second Part

The Second Part—i.e. Chapters Three, Four, and Five—
introduces and explores the current state of affairs in 
international law and politics in terms of conceptual elements 
and potential remedies to sovereignty conflicts.
Chapter Three will focus on assessing the need for a revised 
‘shared sovereignty’ and will review different ways in which 
this concept (in various versions or conceptions) and similar 
ones have been previously applied in legal and political 
scholarly literature.
Chapter Four will examine self-ownership as a way to define 
sovereignty. More precisely, if it can be established that 
sovereignty may in theory be limited and the need of a 
revised ‘shared sovereignty’ the next step will be to evaluate 
how sovereignty can be shared—i.e. how a State can limit 
itself by sharing its rights and obligations and still remain 
sovereign.
Chapter Five highlights the main remedies applied at 
international level to sovereignty conflicts and will explore 
each in order to determine whether any of them could be a 
reasonable solution to the sovereignty conflicts discussed. 
What this Chapter will argue is that there is a need for a 
reasonable solution that the reviewed international remedies 
cannot offer.

The Third Part

The Third Part—i.e. Chapters Six, Seven, and Eight—will 
explore the use of Rawlsian methodology in order to put a 
solution to certain sovereign conflicts, and discuss if the 
outcome is a reasonable remedy for them.
Chapter Six will introduce and explore: a) the conditions for 
achieving justice—toleration, peace, etc.; b) why the ‘just 
acquisition’ principle may not work; and c) why the Rawlsian 
method of conceiving of the respective claimants as behind a 
‘veil of ignorance’ just might.
Chapter Seven will test the proposed model by working out 
what sorts of institutions and arrangements could, and would 
best, realise it. In order to do that this Chapter will make use 
of some sovereign conflicts to show that the model can be 
extended from the general principles to workable institutions 
that realise those principles in: a) population; b) territory; c) 
government and law; and d) all that they imply (e.g. 
defence, natural resources, financial system).
Finally, Chapter Eight will conclude by assessing the model’s 
potential and highlighting any possible limitations and 
implications.

More preview posts coming in January 2017.




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