Associations of States

Contribution to the course General Theory of the State

11.01.21

Semester 1, 2022/23 (IUP, Class B); Tuesday, 27.09. and 18.10.2022, 10:00 - 11:30, room B.3.5

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Note on the final examination

I have corrected and graded your answers to my question in the final examination and returned your papers to the IUP management, together with a correction sheet which I completed for each paper individually. The purpose of an exam is not only to generate grades but also to allow you to identify the strong and weak sides of your work, so that you can improve your performance and avoid making the same mistakes again in the future. Therefore, you should study the individual correction sheet for your paper carefully, together with my direct comments in your paper. You are also welcome to discuss it with me in my office (A.IV.11). Access should be available when you receive the information about your grades. Since this was an offline exam, the correction sheets exist only in paper form and I am therefore unable to send them to you electronically.

Course Contribution Description

This website informs about the contents of my contribution to the course General Theory of the State (IUP) in September and October 2022.

The role and legal status of the state and the development from the classical solitary loner state to inter- and supranational cooperation and even integration in associations of states are important topics of the general theory of states. This course contribution presents and discusses the present world order of states, which is shaped by the prominent role of the sovereign territorial state, the development to open and integrated statehood, the federal state (as an association of states under constitutional law) and the confederation, international organisation, supranational organisation and supranational union/"Staatenverbund" as different forms of associations of states under public international law.

Downloads (PDF files)  

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Contents

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Bibliography

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Diagram 1  (Forms of international cooperation, supranational cooperation and integration)

 
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Transparency films presented in the lectures (® aids for illustration)
- Slide 1  (The world order of states;
concerning § 1)  (short version / detailed version from 2019)
- Slide 2  (The federal state; concerning § 2) 
(short version / detailed version from 2019)
- Slide 3  (Associations of states under public international law; concerning § 3)
(second lecture; short version / detailed version from 2019)

  Contents (summary/details)
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§ 1  The world order of states

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§ 2  The federal state

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§ 3  Associations of states under public international law

Links

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concerning § 1 V: Daud Hassan, The Rise of the Territorial State and the Treaty of Westphalia, Yearbook of New Zealand Jurisprudence 9 (2006), 62;  Kevin Harrison; Tony Boyd, The state and sovereignty, in: Understanding political ideas and movements, 2003, p. 16 ff.; Jo Eric Khushal Murkens, The principle of open stathood, in: From Empire to Union. Conceptions of German Constitutional Law since 1871, 2013, p. 117 ff.

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concerning § 2: James Madison; Alexander Hamilton; John Jay, The Federalist Papers, 1787/88 (the founders of the theory of federalism); Elliot Blumer, Federalism, 2017 (published by IDEA); Masnur Marsuki, Toward Federalism; A Constitutional Solution for Indonesia?, UNISIA XXXIV, no. 76 (2012); Institute of Federalism (Fribourg, Switzerland)

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concerning § 3 IV: List of intergovernmental organisations (Wikipedia)

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concerning § 3 VI.2, 3: Thomas Schmitz, A new Form of Organisation: the Supranational Union (summary of habilitation thesis, 2001, chapter 2); Lisbon Judgement of the German Federal Constitutional Court (BVerfGE 123, 267)

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concerning § 3 VI.5: Thomas Schmitz, Integration through Law - the European Approach of Supranational Geo-Regional Integration, 2019 (conference presentation)

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concerning § 3 VI.6 (this course in 2019): Thomas Schmitz, The Constitution of the Supranational Union (summary of habilitation thesis, 2001, chapter 4); Treaty establishing a Constitution for Europe of 2004 (first constitution of an association of states under public intern. law; did not enter into force)

 

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