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Man versus the State: The Shifting Boundary of Sovereign Authority

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Abstract:

Institutional boundaries permit actors to organize the world around them into categories and groups and to establish arenas of authority or jurisdiction. The nature of boundaries is no less important to institutional operation and social organization than is the fact of their existence. State sovereignty is one such set of rules about institutional boundaries that divide political and territorial space. The boundaries of external and internal sovereignty have become more permeable as a result of the blurring of the boundaries of international humanitarian and human rights law. The changes in institutional boundaries demarcating human rights and humanitarian law have reconfigured states’ authority to organize domestic and interstate affairs. These changes have made the boundary of state sovereignty more permeable in two ways. First, they have reduced the legitimate scope of all states’ internal sovereignty. On the one hand, states appear to be increasingly subjecting themselves to a reduced sphere of exclusive sovereign authority and to greater international accountability. On the other, states have expanded their claims to domestically adjudicate cases that have traditionally been beyond the boundary of sovereign immunity. Second, the change in boundaries of international humanitarian and human rights law has given individual human beings the legal authority to confront states. As a result, individuals have much greater ability to access national and international courts to seek redress for acts committed by state officials. This shift allows new actors to take on rights and responsibilities once the sole domain of states, and subsequently to limit the authority of states domestically as well as globally.

Most Common Document Word Stems:

institut (216), state (169), boundari (145), intern (127), law (74), sovereign (62), right (53), crime (52), societi (51), court (49), immun (48), univers (48), social (47), jurisdict (46), act (46), human (45), polit (44), author (44), sovereignti (43), rule (43), actor (41),

Author's Keywords:

sovereignty; institution; institutional boundary; human rights; humanitarian law; immunity; Pinochet; ICC
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Clunan, Anne. "Man versus the State: The Shifting Boundary of Sovereign Authority" Paper presented at the annual meeting of the American Political Science Association, Marriott Wardman Park, Omni Shoreham, Washington Hilton, Washington, DC, Sep 01, 2005 <Not Available>. 2011-03-14 <http://www.allacademic.com/meta/p40503_index.html>

APA Citation:

Clunan, A. L. , 2005-09-01 "Man versus the State: The Shifting Boundary of Sovereign Authority" Paper presented at the annual meeting of the American Political Science Association, Marriott Wardman Park, Omni Shoreham, Washington Hilton, Washington, DC Online <APPLICATION/PDF>. 2011-03-14 from http://www.allacademic.com/meta/p40503_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Institutional boundaries permit actors to organize the world around them into categories and groups and to establish arenas of authority or jurisdiction. The nature of boundaries is no less important to institutional operation and social organization than is the fact of their existence. State sovereignty is one such set of rules about institutional boundaries that divide political and territorial space. The boundaries of external and internal sovereignty have become more permeable as a result of the blurring of the boundaries of international humanitarian and human rights law. The changes in institutional boundaries demarcating human rights and humanitarian law have reconfigured states’ authority to organize domestic and interstate affairs. These changes have made the boundary of state sovereignty more permeable in two ways. First, they have reduced the legitimate scope of all states’ internal sovereignty. On the one hand, states appear to be increasingly subjecting themselves to a reduced sphere of exclusive sovereign authority and to greater international accountability. On the other, states have expanded their claims to domestically adjudicate cases that have traditionally been beyond the boundary of sovereign immunity. Second, the change in boundaries of international humanitarian and human rights law has given individual human beings the legal authority to confront states. As a result, individuals have much greater ability to access national and international courts to seek redress for acts committed by state officials. This shift allows new actors to take on rights and responsibilities once the sole domain of states, and subsequently to limit the authority of states domestically as well as globally.

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Document Type: application/pdf
Page count: 35
Word count: 11426
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Man vs. the State: The Shifting Boundary of Sovereign Authority Anne L. Clunan1 Naval Postgraduate School Monterey CA alclunan@nps.edu Prepared for delivery at the 200 Annual Meeting of the American Political Science Association August 31 - September 5 2005. Copyright by the American Political Science Association – DRAFT – Do not cite or circulate without the author’s permission. 1 The views expressed in this document do not represent the official position of the Department of Defense or the U.S.
actors have power and influence within and across institutions. Second the permeability of boundaries determines the likelihood of political struggles over those boundaries and therefore the likelihood of institutional change. Third as a consequence permeable boundaries are more likely to be associated with fundamental transformation of the values underpinning society. We suggest that the tools of historical institutional and constructivist analysis are particularly appropriate for understanding when and how boundaries come into being how they facilitate collective action among


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