Whose Sovereignty? Empire Versus International Law‪.‬

Let me begin, by juxtaposing two facts: The worlds sole superpower has invaded and occupied Iraq. Carl Schmitt's Nomos der Erde has just been translated into English, or I should say American. (1) Is this mere coincidence? Are not the questions he raised, if not his answers, once again on the agenda? This article focuses on the impact of globalization on international law and the discourse of sovereignty. We have been hearing for quite some time that state sovereignty is being undermined. The transnational character of "risks" from ecological problems to terrorism, including the commodification of weapons of mass destruction, highlights the apparent lack of control of the modern nation-state over its own territory, borders, and the dangers that its citizens face.