Journal Article

Law, Power and International Politics with Special Reference to East Asia: Carl Schmitt's Grossraum Analysis

Michael Salter

in Chinese Journal of International Law

Volume 11, issue 3, pages 393-427
Published in print September 2012 | ISSN: 1540-1650
Published online September 2012 | e-ISSN: 1746-9937 | DOI: https://dx.doi.org/10.1093/chinesejil/jms043
Law, Power and International Politics with Special Reference to East Asia: Carl Schmitt's Grossraum Analysis

Show Summary Details

Preview

Working as both lecturers and researchers within the theory and practice of international law, we are regularly confronted with materials and issues that raise the question of the relationship between this form of legal regulation and the political exercise of sovereign power. In turn, this persistent confrontation raises the question of which type (or types) of analytical perspective is most likely to illuminate how this relationship appears within the East Asian and other geopolitical contexts? For example, have we, as the German law professor Carl Schmitt suggested in the mid-20th century, been entering a new global order comprising multiple and co-existing regional hegemonic bodies, each possessing its own spheres of influence and located at an intermediary level between the United Nations and the traditional individual nation State? In this order of large political spaces, will China's growing status as a regional superpower, projecting its sovereign power and influence well beyond its own national borders, require legal recognition by a modified and realist form of international law and, if so, then in which particular ways?

Journal Article.  14750 words. 

Subjects: International Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content. subscribe or login to access all content.