Jacobs: Targeting the State in Jus Post Bellum: Towards a Theory of Integrated Sovereignties

Dov Jacobs (Leiden Univ. - Law) has posted Targeting the State in Jus Post Bellum: Towards a Theory of Integrated Sovereignties (in ‘Jus Post Bellum’: Mapping the Normative Foundations, C. Stahn, J. Iverson & J. Easterday eds., pp. 416-27, 2014). Here's the abstract:

This chapter explores the role that sovereignty plays in the jus post bellum context. Noting the generally negative perceptions of the concept of "sovereignty" in a number of academic and activist circles, this chapter argues that sovereignty should be on the contrary a important consideration in any post conflict discussion. In order words, while the State is often seen as the target, i.e an obstacle to effective post conflict policies, it, and its sovereignty, should become a target, i.e. an objective of jus post bellum. The Chapter first explains how issues relating to statehood and sovereignty are often central in post conflict situations, such as in claims to self-determination or the international prosecution of crimes. The chapter then proposes a theoretical framework to conceptualize the relationship between the international and domestic spheres through a revisiting of Georges Scelle's Role Splitting theory (dedoublement fonctionnel). Ultimately, the chapter calls for a rethinking, rather than a discarding, of the notion of sovereignty in today's globalized and interconnected legal orders.