Transnational Public Governance: Networks, Law and by M. Warning

By M. Warning

This ebook explores the paintings of transnational forms networks. those networks tackle international matters via growing ideas – transnational public legislation – to be included into nationwide felony orders. As classical capability fail to legitimize such actions, this publication supplies a pragmatic account of plausible substitute legitimacy mechanisms.

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Additional info for Transnational Public Governance: Networks, Law and Legitimacy (Transformations of the State)

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There is no generally accepted definition of NGOs, but the term commonly includes independent, permanent, organized, non-profit, nongovernmental associations that operate internationally (Ipsen 2004: § 6, marginal n. 19). NGOs can be further distinguished from liberation movements, since NGOs do not aim to overthrow governments. While NGOs criticize governments and are involved the political process, they are not political parties, since they do not aspire to seize state power. They raise funds to carry out their activities, but do not aim to make a profit, distinguishing them from corporations.

Under the impression of the failure of the League of Nations and with the onset of a new era of international institutionalized cooperation after World War II, the academic concept of sovereignty changed. For example, Kelsen defined sovereignty “... as the legal authority of the states under the authority of international law” (Kelsen 1944: 208). International law assumed a dual position: restricting sovereignty and guaranteeing it at the same time by protecting states from illicit interference into their affairs by other states (Perrez 2000: 48).

However, the last process to be outlined here concerns the bundling of sovereign rights on the inter- or supranational level. When states create International Organizations (IOs), they exercise their sovereignty, but at the same time restrict it when they simultaneously transfer sovereign rights to the newly founded organization (Delbrück 2001: 13; Sassen 1996: 29–30). Transferring sovereign rights means that states relinquish a part of their all-embracing authority to the newly created IOs. While states are very cautious when relinquishing sovereign rights and transferring powers to an international entity, there has been an emergence of powerful organizations at a regional level.

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