External Sovereignty and International Law
13 Pages Posted: 9 Jan 2014
Date Written: 1995
This essay addresses the need to redefine current notions of sovereignty. It returns to earlier concepts of subjects joining to receive the benefits of peace and security provided by the sovereign. It diverges from most contemporary commentary by avoiding what has become traditional second-tier social contract analysis. In place of a social contract of states, this redefinition of sovereignty recognizes that international law in the twentieth century has developed direct links between the individual and international law. The trend toward democracy as an international law norm further supports discarding notions of a two-tiered social contract relationship between the individual and international law.
Keywords: international law, private parties, external sovereignty, development, consent, democracy, legal reform, legislative history, peace, security, state formation, social contract, rule of law, contemporary law, ICSID, investment treaties, jurisdiction, state accountability, state obligations
JEL Classification: K19, K33
Suggested Citation: Suggested Citation