Pulling at the Threads of Westphalia: Involuntary Sovereignty Waiver - Revolutionary International Legal Theory or Return to Rule By the Great Powers?

80 Pages Posted: 2 Feb 2007  

Michael J. Kelly

Creighton University School of Law; American Society of International Law

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, President of the Council on Foreign Relations, whose involuntary sovereignty waiver theory is deconstructed as a viable alternative to U.N. 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.

Keywords: sovereignty, haass, terrorism, terrorist, weapons of mass destruction, WMD, genocide, realist, neoconservative, bush, congress of vienna, united nations, security council, self-defense, pre-emptive strike, preventive war, nuclear, foreign relations, great powers, decolonization, colonialism

JEL Classification: K33

Suggested Citation

Kelly, Michael J., Pulling at the Threads of Westphalia: Involuntary Sovereignty Waiver - Revolutionary International Legal Theory or Return to Rule By the Great Powers?. UCLA Journal of International Law & Foreign Affairs, Vol. 10, No. 2, p. 361, 2005. Available at SSRN: https://ssrn.com/abstract=960581

Michael J. Kelly (Contact Author)

Creighton University School of Law ( email )

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HOME PAGE: http://www.creighton.edu/law/faculty/kelly/index.php

American Society of International Law

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HOME PAGE: http://www.asil.org/

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