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Competing Sovereignties provides a critique of the concept of sovereignty in modernity in light of claims to determine the content of law at the international, national and local levels. In an argument that is illustrated through an analysis of debates over the control of intellectual property law in India, Richard Joyce considers how economic globalization and the claims of indigenous communities do not just challenge national sovereignty - as if national sovereignty is the only kind of sovereignty - but in fact invite us to challenge our conception of what sovereignty 'is'. Combining theoretical research and reflection with an analysis of the legal, institutional and political context in which sovereignties 'compete', the book offers a reconception of modern sovereignty - and, with it, a new appreciation of the complex issues surrounding the relationship between international organisations, nation states and local and indigenous communities.
Among the contentious issues that come into play in relations between Russia and the other post-Soviet states, security concerns are arguably at the top of the list. This text explores the links between post-Soviet security politics and the development of state sovereignty in the region.
From 2004 to 2006 the Osage Nation conducted a contentious governmental reform process in which sharply differing visions arose over the new government's goals, the Nation's own history, and what it means to be Osage. The primary debates were focused on biology, culture, natural resources, and sovereignty. Osage anthropologist Jean Dennison documents the reform process in order to reveal the lasting effects of colonialism and to illuminate the possibilities for indigenous sovereignty. In doing so, she brings to light the many complexities of defining indigenous citizenship and governance in the twenty-first century. By situating the 2004-6 Osage Nation reform process within its historical and current contexts, Dennison illustrates how the Osage have creatively responded to continuing assaults on their nationhood. A fascinating account of a nation in the midst of its own remaking, Colonial Entanglement presents a sharp analysis of how legacies of European invasion and settlement in North America continue to affect indigenous people's views of selfhood and nationhood.
"Brilliant... explains how the rhetoric of competition has invaded almost every domain of our existence” - Evgeny Morozov, author of To Save Everything, Click Here “In this fascinating book Davies inverts the conventional neoliberal practice of treating politics as if it were mere epiphenomenon of market theory, demonstrating that their version of economics is far better understood as the pursuit of politics by other means” - Professor Philip Mirowski, University of Notre Dame "A sparkling, original, and provocative analysis of neoliberalism. It offers a distinctive account of the diverse, sometimes contradictory, conventions and justifications that lend authority to the extension of the spirit of competitiveness to all spheres of social life…This book breaks new ground, offers new modes of critique, and points to post-neoliberal futures” - Professor Bob Jessop, University of Lancaster Since its intellectual inception in the 1930s and its political emergence in the 1970s, neo-liberalism has sought to disenchant politics by replacing it with economics. This agenda-setting text examines the efforts and failures of economic experts to make government and public life amenable to measurement, and to re-model society and state in terms of competition. In particular, it explores the practical use of economic techniques and conventions by policy-makers, politicians, regulators and judges and how these practices are being adapted to the perceived failings of the neoliberal model. By picking apart the defining contradiction that arises from the conflation of economics and politics, this book asks: to what extent can economics provide government legitimacy? Now with a new preface from the author and a foreword by Aditya Chakrabortty.
Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.
In the late 1950s, Washington was driven by its fear of communist subversion: it saw the hand of Kremlin behind developments at home and across the globe. The FBI was obsessed with the threat posed by American communist party--yet party membership had sunk so low, writes H.W. Brands, that it could have fit "inside a high-school gymnasium," and it was so heavily infiltrated that J. Edgar Hoover actually contemplated using his informers as a voting bloc to take over the party. Abroad, the preoccupation with communism drove the White House to help overthrow democratically elected governments in Guatemala and Iran, and replace them with dictatorships. But by then the Cold War had long since blinded Americans to the ironies of their battle against communism. In The Devil We Knew, Brands provides a witty, perceptive history of the American experience of the Cold War, from Truman's creation of the CIA to Ronald Reagan's creation of SDI. Brands has written a number of highly regarded works on America in the twentieth century; here he puts his experience to work in a volume of impeccable scholarship and exceptional verve. He turns a critical eye to the strategic conceptions (and misconceptions) that led a once-isolationist nation to pursue the war against communism to the most remote places on Earth. By the time Eisenhower left office, the United States was fighting communism by backing dictators from Iran to South Vietnam, from Latin America to the Middle East--while engaging in covert operations the world over. Brands offers no apologies for communist behavior, but he deftly illustrates the strained thinking that led Washington to commit gravely disproportionate resources (including tens of thousands of lives in Korea and Vietnam) to questionable causes. He keenly analyzes the changing policies of each administration, from Nixon's juggling (SALT talks with Moscow, new relations with Ccmmunist China, and bombing North Vietnam) to Carter's confusion to Reagan's laserrattling. Equally important is his incisive, often amusing look at how the anti-Soviet struggle was exploited by politicians, industrialists, and government agencies. He weaves in deft sketches of figures like Barry Goldwater and Henry Jackson (who won a Senate seat with the promise, "Many plants will be converting from peace time to all-out defense production"). We see John F. Kennedy deliver an eloquent speech in 1957 defending the rising forces of nationalism in Algeria and Vietnam; we also see him in the White House a few years later, ordering a massive increase in America's troop commitment to Saigon. The book ranges through the economics and psychology of the Cold War, demonstrating how the confrontation created its own constituencies in private industry and public life. In the end, Americans claimed victory in the Cold War, but Brands's account gives us reason to tone down the celebrations. "Most perversely," he writes, "the call to arms against communism caused American leaders to subvert the principles that constituted their country's best argument against communism." This far-reaching history makes clear that the Cold War was simultaneously far more, and far less, than we ever imagined at the time.
The book argues that the notions of tax sovereignty and EU free movement should be regarded as two fundamentally equal principles. The conflict between these two principles is resolved by establishing, in individual cases, the optimum position between two extremes: a general unrestricted freedom of action by states versus a prohibition of any obstacle to the free movement of goods, persons, services and capital. The process of reconciliation of these competing principles is structured by the theoretical optimization model developed in the present study. This model is external to the present case law. The application of the theoretical optimization model to the ECJ’s case law in the area of direct taxation reveals that this case law is largely in line with the model. It is certainly not as internally inconsistent as claimed in some of the tax literature. Many jigsaw pieces seem to fit after all if the case law is assessed in the light of the model. A number of future developments could be expected on the basis of the model and extensive case law analysis. The most important of these is that, in some cases, truly non-discriminatory tax measures should give rise to a prima facie restriction on free movement.

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