External Sovereignty and International Law

13 Pages Posted: 9 Jan 2014

See all articles by Ronald A. Brand

Ronald A. Brand

University of Pittsburgh - School of Law

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

Brand, Ronald A., External Sovereignty and International Law (1995). Fordham International Law Journal, Vol. 18, p. 1685, 1995, U. of Pittsburgh Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2376358

Ronald A. Brand (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States

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