Academic

Bagares on Sovereign Community

By Lawrence Solum

Romel Regalado Bagares (Center for International Law) has posted Rethinking the Foundations: Sovereignty, Community and the International Legal Order from a Social Pluralist Perspective (Philippine Law Journal, Vol. 82, pp. 68-237, September 2007) on SSRN. Here is the abstract:

An exploration on the application of the social and legal ontology of the Dutch legal philosopher Hermann Dooyeweerd on international law. The paper proffers a first elaboration on some key themes in contemporary international law from a Dooyeweerdian perspective. Indeed, I can only hope in this present work to deal with what my imagined readers may treat as a preliminary inquiry into the implications of his social ontology,in other words, his theory of societal sphere sovereignty, on such issues as sovereignty (the individuality of states), the United Nations (as an embodiment of notions of community in the international plane) and international justice (the notion of collective/communal concern in the context of an international ordre public). As can be seen below, I will attempt as well to engage with some contemporary approaches to international law to illuminate, clarify or otherwise reformulate Dooyeweerdian thought in relation to international law in relation to such concepts as sovereignty, international legal personality and international community.

Full post as published by Legal Theory Blog on June 20, 2008 (boomark / email).