The Concept of the State in International Relations

1 The Concept of the State in International RelationsPhilosophy, Sovereignty, CosmopolitanismEdited by Robert Schuett and Peter M. R. Stirk editorial matter and organisation Robert Schuett and Peter M. R. Stirk, 2015 the chapters their several authors, 2015 Edinburgh University Press Ltd The Tun Holyrood Road 12 (2f) Jackson s Entry Edinburgh EH8 Typeset in 11/14 Sabon byServis Filmsetting Ltd, Stockport, Cheshire, and printed and bound in Great Britain by CPI Group (UK) Ltd, Croydon CR0 4 YYA CIP record for this book is available from the British LibraryISBN 978 0 7486 9362 7 (hardback)ISBN 978 0 7486 9363 4 (webready PDF)ISBN 978 1 4744 0505 8 (epub)

2 The right of the contributors to be identified as authors of this work has been asserted in accordance with the Copyright, Designs and Patents Act 1988 and the Copyright and Related Rights Regulations 2003 (SI No. 2498).ContentsAcknowledgements vList of Contributors vi Introduction: The Concept of the State in International Relations 1 Peter M. R. Stirk1. International Law and Statehood: A Performative View 23 Janis Grzybowski and Martti Koskenniemi2.

3 The State as a Universe of Discourse 48 Peter J. Steinberger3. Sovereignty and the Personality of the State 81 Jens Bartelson4. The State as Urban Myth: Governance without Government in the Global South 108 Oliver J tersonke and Moncef Kartas5. Decolonising Sovereignty: Globalisation and the Return of Hyper-Sovereignty 135 John M. Hobson6. The Concept of the State as a Community of Liability 163 Peter M. R. StirkThe Concept of the State in International Relationsiv7. From Global Governance to Global Stateness 187 William E. Scheuerman8. Open Societies, Cosmopolitanism and the Kelsenian State as a Safeguard against Nationalism 221 Robert SchuettIndex 244vAcknowledgementsThe idea of this book dates back to 2009, when we both were at Durham University.

4 Since then, work on the book has taken place in different intellectual and organisational environments. We wish to single out the support of Durham s School of Government and International Affairs and the Durham Global Security Institute for providing the stimulating intellectual environment that made the project possible. In addition, Robert Schuett would like to acknowledge the Viennese Hans-Kelsen-Institute and Clemens Jabloner for helping him appreciate the intellectual richness of the Concept of the State beyond political theory. Finally, we are grateful to Edinburgh University Press for bring-ing this book to publication and, especially, to Nicola Ramsey, Michelle Houston, Jenny Daly, Rebecca Mackenzie and Eddie Clark, with whom it was a pleasure working.

5 Peter M. R. Stirk, Durham Robert Schuett, ViennaviContributorsJens Bartelson is Professor of political Science, Lund University. His fields of interest include International political theory, the history of political thought, political philosophy and social theory. He has written mainly about the Concept of the sovereign State and the philosophy of world community. He is the author of Visions of World Community (2009), The Critique of the State (2001) and A Genealogy of Sovereignty (1995).Janis Grzybowski is a Visiting Researcher at the Erik-Castr n Institute of International Law and Human Rights at the University of Helsinki, and a PhD candidate in International Relations (IR)/ political Science at the Graduate Institute of International and Development Studies in Geneva.

6 His research interests lie in State theory, security and conflict studies, the crossroads of IR and International law, and political , legal and social theory. His research stay in Helsinki has been generously supported by the Swiss National Science M. Hobson is Professor of Politics and International Relations at the University of Sheffield. He is co-editor (with L. H. M. Ling) of a brand new book series from Rowman & Littlefield enti-tled Global Dialogues: Beyond Eurocentric IR and IPE. He has published eight books, including The Eurocentric Conception of World Politics (2012), Everyday Politics of the World economy Contributorsvii(2007, co-edited with Len Seabrooke) and The Eastern Origins of Western Civilisation (2004).

7 He is currently working on a project entitled Inter-civilizational political economy , which is a book-length development of his two-part article published in the twentieth anniversary edition of Review of International political economy (vol. 20, no. 5, 2013). Oliver J tersonke is Head of Research at the Centre on Conflict, Development and Peacebuilding (CCDP) of the Graduate Institute of International and Development Studies in Geneva, Switzerland. He is also Research Associate at the Zurich University Centre for Ethics. Author of Morgenthau, Law and Realism (2010), his current research focuses predominantly on peacebuilding and the complex relationships between security and development, with a particular focus on the social and spatial dynamics of urban vio-lence and security provision.

8 Fieldwork has taken him repeatedly to Timor-Leste, Madagascar and Kartas is a Researcher at the Graduate Institute s Centre on Conflict, Development and Peacebuilding (CCDP) in Geneva and the Project Coordinator of the Small Arms Survey s Security Assessment in North Africa (SANA) project. His research focuses on critical approaches to the study of conflict, security and devel-opment, with an emphasis on de-colonisation, colonial policies towards the transfer of power , and the role of the security forces in post-colonial politics. He holds a PhD in International Relations from the Graduate Institute in Geneva and a Master s degree in political Science, Philosophy and International Law from the University of Koskenniemi is Academy Professor at the University of Helsinki.

9 He is also Director of the Erik-Castr n Institute of International Law and Human Rights and Centennial professor at the London School of Economics (LSE). He is also a former diplo-mat and a former member of the International Law Commission (UN, 2002 6). He is the author of, among other books, From Apology to Utopia. The Structure of International Legal Argument (1989/2005) and The Gentle Civilizer of Nations: The Rise and Fall The Concept of the State in International Relationsviiiof International law 1870 1960 (2002). He is currently working on a history of International legal thought, 1300 E.

10 Scheuerman is Professor of political Science at Indiana University, where he presently serves as Graduate Director and teaches a variety of courses in political theory. He is the author of six books, including Between the Norm and the Exception: the Frankfurt School and the Rule of Law (1993), which won some prestigious prizes, Liberal Democracy: the Social Acceleration of Time (2004), Hans Morgenthau (2009) and The Realist Case for Global Reform (2009). He has also edited a number of others, including (with Hartmut Rosa) High-Speed Society: Social Acceleration, Power, and Modernity (2008).