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Title: Reconceptualizing sovereignty in the post-national state : statehood attributes in the international order
Author: Inocencio, F. G. I.
Awarding Body: Nottingham Trent University
Current Institution: Nottingham Trent University
Date of Award: 2010
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The Aims of this thesis are to understand the changes of the concept of sovereignty in the international system considering the role of regional and functional arrangements and the contribution of federalism as a political theory. Federal theory is particularly important to the concept of sovereignty, particularly if one considers the diversity of federal political systems and their different historical experiences. Thus the thesis examines the federal experience of the United States throughout history and the European tradition of federalism. The present research is an attempt to emphasise the diversity of federalism as a legal and political concept and to demonstrate that federal political systems can be applicable beyond the modern state. The EU is a paradigmatic case of a regional arrangement, ‘proto-federal’ that challenges the notion of sovereignty as an exclusive statehood attribute. The thesis examines the recent decision of the German Federal Constitutional Court concerning the Treaty of Lisbon, which can be seen as an archetype of the challenges posed to European integration. Moreover, the thesis analyses the concept of subsidiarity, considered by some as a potential replacement of the concept of sovereignty. A theory of institutions is required in order to understand the mechanisms of international cooperation between states, this means that sovereignty should take into account international institutions and their constitutive role on state behaviour. Furthermore, the reconceptualization of sovereignty should consider at least three different factors: the rise of regional and functional legal orders, the different understandings of sovereignty offered by the federalist tradition and the processes of ‘deterritorialization’ and disaggregation of authority.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available