S. Sovereignty, Constitutionalism & Human Rights

2023 Columbia-Cardozo Joint Colloquium
Instructors:
Seyla Benhabib (Columbia)
Michel Rosenfeld (Cardozo law School)
Susanna Mancini (University of Bologna and Cardozo Law School)

Sovereignty is a crucial element in the constitution, law, and political life of polities going back to the 17th century. The traditional Westphalian conception of sovereignty entails the absolute monopoly of power residing in states, and the congruency of territory, state, people, and nation. Although this conception of sovereignty did evolve significantly, the premises of the Westphalian system remained fairly unchallenged for three centuries.
Momentous shifts took place in the international order starting in 1945, with the development of international human rights regimes, and the proliferation of transnational governance units, such as the European Union (EU). Do these supra-national legally binding power wielding institutions modify, readjust, or severely undermine nation-based sovereignty? Moreover, the dissolution of the USSR and of Yugoslavia further destabilized settled conceptions of sovereignty enshrined in international law and practice, which had assumed that post-World War Two state boundaries were permanently settled. Finally, recent reactions against globalization resulting in a rekindling of nationalism, protectionism, and populism have exacerbated both the theoretical and practical institutional controversies regarding sovereignty. Most dramatically, Russia’s current war against Ukraine has thrust sovereignty to the forefront with unprecedented violence and in defiance of the post-Soviet international law regime meant to secure peace among sovereign nations.
The Colloquium will explore the above listed questions focusing on international and constitutional law issues as well on relevant contributions to political theory. The Colloquium meetings will be divided into some that will feature presentations based on assigned readings by the Colloquium Conveners and other presentations by invited speakers who will have submitted papers in advance and that students will be required to read before the actual presentation so as to be able to participate in the paper’s discussion. The Convener meetings will be designed to provide historical, theoretical, and legal/constitutional background to the contemporary dilemmas surrounding sovereignty. The invited presenters will be leading scholars in law and political theory who will discuss current cutting-edge work on contemporary issues bearing on sovereignty.


This is an advanced, interdisciplinary seminar and colloquium for students interested in philosophical and jurisprudential dimensions of sovereignty, rights, and judicial review. Students must have a background of at least two courses in the history of modern political thought from Hobbes to Nietzsche; or have completed advanced work in philosophy of law or European Union law.

Admission to the course requires instructor permission. There will be approximately 10-15 students enrolled from Cardozo Law School and an equal number from Columiba Law School.
Please write to Professor Benhabib at [email protected] and her assistant Santiago Mendoza at [email protected] by Thursday, 11th November with a brief paragraph introducing yourselves and indicating your relevant background for the course.