Disaggregated sovereignty

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Disaggregated sovereignty refers to the need for broad strategic cooperation on critical issues requiring the ceding of sovereignty from several sovereign entities to new institutions without creating a centralized authority or "government." Some people argue that this is the de facto situation of global governance and actually more desirable than the creation of a single world government.

The idea was first invoked in 2004 by the political theorist

NAFTA framework to create an environmental enforcement network.[1]
Slaughter provides other examples such as judges of one nation citing decisions from other countries in areas such as free speech, privacy rights, and bankruptcy.

A common and imperfect analogy is often made to the European Union as an example of how states can cede sovereignty to create regional governance. Traditional concepts of sovereignty emphasize separation into territorially independent groups. Disaggregated sovereignty focuses on the mutual obligation and positive capacity to participate collectively through multiple institutions to address global and regional problems. Criticisms of the idea of disaggregated sovereignty note that an international legal patchwork creates a larger area for states to manipulate the balances of freedoms and responsibilities, particularly in regards to mass surveillance. The expansion of international law, instead, challenges the rule of law by creating so many overlapping laws that responsibilities can be shifted and disavowed.[2]

References

  1. S2CID 153402571
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  2. SSRN 3894421. {{cite journal}}: Cite journal requires |journal= (help
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