Defining Down Sovereignty
In a globalizing world where transnational terrorism poses a serious threat to the security of many people, the Westphalian system of state sovereignty based on the sanctity of borders is increasingly obsolete. Today’s counterterrorism efforts have yielded to sovereignty rhetorically while routinely violating it in practice—this is unsustainable, and a new definition of sovereignty is called for. This chapter proposes building on the precedent of the Responsibility to Protect (RtoP) paradigm, which redefined sovereignty as a form of citizenship that entails responsibilities as well as rights, and asserts that the international community should recognize a further responsibility of states to curb any transnational terrorism that emanates from within their borders. The chapter concludes by stipulating that coercive regime change should not factor into upholding the rehashed sovereignty norm, but that a failure to prevent transnational terrorism could result in partial loss of sovereignty as nations respond to the threats against them.
- Ackerman, B. 2011. Obama’s unconstitutional war. Foreign Policy.Google Scholar
- Bilefsky, D., and Landler, M. 2011. As U.N. backs military action in Libya, U.S. role is unclear. The New York Times.Google Scholar
- Bobbitt, P. 2009. Terror and consent: The wars for the twenty-first century. New York: Anchor.Google Scholar
- Commission on Global Governance. 1995. Our global neighborhood: Report of the commission on global governance. New York: Oxford University Press.Google Scholar
- Cornell University Law School. n.d. Section 2405 foreign policy controls. Accessed 18 Jul 2017. https://www.law.cornell.edu/uscode/html/uscode50a/usc_sec_50a_00002405----000-.html.
- de Jouvenel, B. 1957. Sovereignty: An inquiry into the political good. Cambridge, UK: Cambridge University Press.Google Scholar
- Deng, F.M. 1996. Sovereignty as responsibility: Conflict management in Africa. Washington, DC: The Brookings Institution.Google Scholar
- Deng, F.M., S. Kimaro, T. Lyons, D. Rothchild, and I.W. Zartman. 1996. Sovereignty as responsibility: Conflict management in Africa. Washington, DC: Brookings Institution Press.Google Scholar
- Department of Justice. n.d. Lawfulness of a lethal operation directed against a U.S. citizen who is a senior operational leader of Al-Qa’ida or an associated force. Washington, DC: DOJ Memo.Google Scholar
- Etzioni, A. 2013. A liberal communitarian paradigm for counterterrorism. Stanford Journal of International Law 49 (2): 330–370.Google Scholar
- ———. 2014. Rules of engagement and abusive citizens. Prism 4 (4): 87–102.Google Scholar
- Evans, G., M. Sahnoun, et al. 2001. The responsibility to protect: Report of the International Commission on Intervention and State Sovereignty. Ottawa: International Development Research Centre.Google Scholar
- ———. 2011b. The antecedents of ‘sovereignty as responsibility’. European Journal of International Relations 17 (2): 233–255.Google Scholar
- Goldsmith, J., and D. Levinson. 2009. Law for states: International law constitutional law, public law. Harvard Law Review 122 (7): 1792–1868.Google Scholar
- Guha, R., and Spegele, B. 2013. China-India border tensions rise. The Wall Street Journal.Google Scholar
- Hannum, H. 1990. Autonomy, sovereignty, and self-determination: The accommodation of conflicting rights. Philadelphia: University of Pennsylvania Press.Google Scholar
- Ikenberry, G.J. 2011a. Liberal leviathan. Princeton: Princeton University Press.Google Scholar
- ———. 2011b. The future of the liberal world order. Foreign Affairs.Google Scholar
- Khan, A.N. 2011. Legality of targeted killings by drone attacks in Pakistan. Pak Institute for Peace Studies 1, pp. 3–4.Google Scholar
- Maritain, J. 1951. Man and the state. Chicago: University of Chicago Press.Google Scholar
- Norton-Taylor, R. 2012. Libya campaign ‘Has made UN missions to protect civilians less likely.’ The Guardian.Google Scholar
- O’Connell, M.E. 2005. When is a war not a war? The myth of the global war on terror. ILSA Journal of International, and Comparative Law 12: 535–573.Google Scholar
- ———. 2010. Rise of the drones II: Examining the legacy of unmanned targeting: Hearing before the subcommittee on National Security and Foreign Affairs, United States House of Representatives, 111th Congress. Statement of Mary Ellen O’Connell, Robert and Marion Short Chair in Law, University of Notre Dame, South Bend, IN.Google Scholar
- Philpott, D. 2001. Revolutions in sovereignty: How ideas shaped modern international relations. Princeton: Princeton University Press.Google Scholar
- ———. 2010. Sovereignty. In The Stanford encyclopedia of philosophy, ed. E. N. Zalta. Summer 2010. http://plato.stanford.edu/cgi-bin/encyclopedia/archinfo.cgi?entry=sovereignty
- Priest, D. 2005. Foreign network at front of CIA’s terror fight. The Washington Post.Google Scholar
- Rogers, A.P.V. 2004. Humanitarian intervention and international law. Harvard Journal of Law and Policy 27 (3).Google Scholar
- Schmitt, E. 2015. U.S. caution in strikes gives ISIS an edge, many Iraqis say. The New York Times.Google Scholar
- Slaughter, A.M. 2004. Sovereignty and power in a networked world order. Stanford Law Review 40: 283–329.Google Scholar
- ———. 2011. Intervention, Libya, and the future of sovereignty. The Atlantic. Google Scholar
- Thakur, R. 2010. Law, legitimacy and United Nations. Melbourne Journal of International Law 11.Google Scholar
- United Nations. 1945. Charter of the United Nations.Google Scholar
- ———. 2000. The Rome statute of the International Criminal Court.Google Scholar
- United Nations Department of Public Information. 2004. A more secure world: Our shared responsibility. New York: United Nations.Google Scholar
- United Nations, Department of Public Information. 2011. Security Council approves ‘No-Fly Zone’ over Libya, authorizing ‘All Necessary Measures’ to protect civilians, by vote of 10 in favour with 5 abstentions, SC/10200.Google Scholar
- United Nations General Assembly. 1986. General Assembly Resolution 41/38, A/RES/41/38.Google Scholar
- ———. 2005. 2005 World Summit Outcome (Draft resolution referred to the High-level Plenary Meeting of the General Assembly by the General Assembly at its fifty-ninth session).Google Scholar
- ———. 2006. General Assembly Resolution 60/288, A/RES/60/288.Google Scholar
- United Nations Security Council. 1985. Security Council Resolution 573, S/RES/573.Google Scholar
- ———. 2004. Security Council Resolution 1566, S/RES/1566.Google Scholar
- ———. 2006. Security Council Resolution 1674, S/RES/1674.Google Scholar
- United States Department of State. 2015. Country reports on terrorism 121. http://www.state.gov/documents/organization/239631.pdf.
- ———. n.d. State sponsors of terrorism. Accessed 19 Sept 2015. http://www.state.gov/j/ct/list/c14151.htm.
- Woods, C. 2012. .CIA drone strikes violate Pakistan’s sovereignty, says senior diplomat. The Guardian.Google Scholar
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