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Sovereignty in the Context of Globalization: A Constitutional Pluralist Perspective

In Samantha Besson & John Tasioulas (eds.), The philosophy of international law. New York: Oxford University Press (2010)

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  1. Toward a Dignity-Based Account of International law.Eric Scarffe - 2022 - Jus Cogens 4 (3):207-236.
    Once limited to issues in maritime and trade law, today the most recognizable examples of international law govern issues such as human rights, intellectual property, crimes against humanity and international armed conflicts. In many ways, this proliferation has been a welcomed development. However, when coupled with international law’s decentralized structure, this rapid proliferation has also posed problems for how we (and in particular judges) identify if, when, and where international law exists. This article puts forward a novel, dignity-based account for (...)
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  • (1 other version)Multi-Level Democracy.Christoph Möllers - 2011 - Ratio Juris 24 (3):247-266.
    Modern democratic polities regularly operate at several political levels. In the case of the EU at the level of the member-states and the EU itself, and in addition at federal, regional, and municipal levels. Is there any democratic rule to determine which level is more legitimate than the others? The article argues that from a majoritarian perspective there is none. Individual citizens may have quite different preferences with regard to the level that is of particular political importance for them. The (...)
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  • (1 other version)Multi‐Level Democracy.Christoph Möllers - 2011 - Ratio Juris 24 (3):247-266.
    Modern democratic polities regularly operate at several political levels. In the case of the EU at the level of the member‐states and the EU itself, and in addition at federal, regional, and municipal levels. Is there any democratic rule to determine which level is more legitimate than the others? The article argues that from a majoritarian perspective there is none. Individual citizens may have quite different preferences with regard to the level that is of particular political importance for them. The (...)
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