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- Title
PULLING AT THE THREADS OF WESTPHALIA: "INVOLUNTARY SOVEREIGNTY WAIVER" -- REVOLUTIONARY INTERNATIONAL LEGAL THEORY OR RETURN TO RULE BY THE GREAT POWERS?
- Authors
Kelly, Michael J.
- Abstract
This paper explores the nature of sovereignty, its 17th century fusion with the state as a new political entity, its evolution over time, and challenges to its systemic primacy in the 21st century by thinkers such as Dr. Richard Haass, whose involuntary sovereignty waiver theory is deconstructed as a viable alternative to UN Security Council military intervention preventing human rights abuses, terrorism, and proliferation of weapons of mass destruction. The article also explores Haass's recommendation that the world return to a Concert of Powers system modeled on that which developed from the 1815 Congress of Vienna, and evaluates use of the anticipatory self-defense doctrine as a method of executing involuntary sovereignty waiver theory. This paper also discusses the interplay between internationalist, realist, and neoconservative schools within the Bush foreign policy apparatus and evaluates the efficacy of Haass's theory being employed by each.
- Subjects
WESTPHALIA (Germany); GERMANY; SOVEREIGNTY; HAASS, Richard; INTERVENTION (International law); UNITED Nations. Security Council
- Publication
UCLA Journal of International Law & Foreign Affairs, 2005, Vol 10, Issue 2, p361
- ISSN
1089-2605
- Publication type
Article