Outsourcing Military and Security Functions
In “Are There ‘Inherently Sovereign Functions’ in International Law,” Frédéric Mégret suggests that the fact that international legal practice has sought to preserve a state monopoly over the use of force strengthens the argument that international law considers some functions to be inherently sover...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2021-01-01
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| Series: | AJIL Unbound |
| Online Access: | https://www.cambridge.org/core/product/identifier/S2398772321000453/type/journal_article |
| _version_ | 1811157345273643008 |
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| author | Nigel D. White |
| author_facet | Nigel D. White |
| author_sort | Nigel D. White |
| collection | DOAJ |
| description | In “Are There ‘Inherently Sovereign Functions’ in International Law,” Frédéric Mégret suggests that the fact that international legal practice has sought to preserve a state monopoly over the use of force strengthens the argument that international law considers some functions to be inherently sovereign. Mégret's analysis goes much further than this in seeking to develop a thicker and broader understanding of inherently sovereign functions (ISFs) by reasoning inductively from international human rights law. This essay largely supports this approach through a case study of the approach taken by the United Kingdom to outsourcing military and security functions. It explores an understanding of inherently sovereign functions based on the state's monopoly on the legitimate use of force and claims that outsourcing military and security functions undermines state sovereignty. |
| first_indexed | 2024-04-10T05:05:52Z |
| format | Article |
| id | doaj.art-5324e1859d524941998b4ca414c20f80 |
| institution | Directory Open Access Journal |
| issn | 2398-7723 |
| language | English |
| last_indexed | 2024-04-10T05:05:52Z |
| publishDate | 2021-01-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | AJIL Unbound |
| spelling | doaj.art-5324e1859d524941998b4ca414c20f802023-03-09T12:27:09ZengCambridge University PressAJIL Unbound2398-77232021-01-0111531732110.1017/aju.2021.45Outsourcing Military and Security FunctionsNigel D. White0Professor of Public International Law, University of Nottingham, United Kingdom.In “Are There ‘Inherently Sovereign Functions’ in International Law,” Frédéric Mégret suggests that the fact that international legal practice has sought to preserve a state monopoly over the use of force strengthens the argument that international law considers some functions to be inherently sovereign. Mégret's analysis goes much further than this in seeking to develop a thicker and broader understanding of inherently sovereign functions (ISFs) by reasoning inductively from international human rights law. This essay largely supports this approach through a case study of the approach taken by the United Kingdom to outsourcing military and security functions. It explores an understanding of inherently sovereign functions based on the state's monopoly on the legitimate use of force and claims that outsourcing military and security functions undermines state sovereignty.https://www.cambridge.org/core/product/identifier/S2398772321000453/type/journal_article |
| spellingShingle | Nigel D. White Outsourcing Military and Security Functions AJIL Unbound |
| title | Outsourcing Military and Security Functions |
| title_full | Outsourcing Military and Security Functions |
| title_fullStr | Outsourcing Military and Security Functions |
| title_full_unstemmed | Outsourcing Military and Security Functions |
| title_short | Outsourcing Military and Security Functions |
| title_sort | outsourcing military and security functions |
| url | https://www.cambridge.org/core/product/identifier/S2398772321000453/type/journal_article |
| work_keys_str_mv | AT nigeldwhite outsourcingmilitaryandsecurityfunctions |