Search Results for "sovereignty-conflicts-and-international-law-and-politics"

Sovereignty Conflicts and International Law and Politics

Sovereignty Conflicts and International Law and Politics

A Distributive Justice Issue

  • Author: Jorge E. Núñez
  • Publisher: Taylor & Francis
  • ISBN: 1351794795
  • Category: Law
  • Page: 198
  • View: 2140
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Many conflicts throughout the world can be characterized as sovereignty conflicts in which two states claim exclusive sovereign rights for different reasons over the same piece of land. It is increasingly clear that the available remedies have been less than successful in many of these cases, and that a peaceful and definitive solution is needed. This book proposes a fair and just way of dealing with certain sovereignty conflicts. Drawing on the work of John Rawls in A Theory of Justice, this book considers how distributive justice theories can be in tune with the concept of sovereignty and explores the possibility of a solution for sovereignty conflicts based on Rawlsian methodology. Jorge E. Núñez explores a solution of egalitarian shared sovereignty, evaluating what sorts of institutions and arrangements could, and would, best realize shared sovereignty, and how it might be applied to territory, population, government, and law.

Souveränität

Souveränität

Herkunft und Zukunft eines Schlüsselbegriffs

  • Author: Dieter Grimm
  • Publisher: N.A
  • ISBN: N.A
  • Category: Sovereignty
  • Page: 135
  • View: 2320
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New Political Entities in Public and Private International Law

New Political Entities in Public and Private International Law

With Special Reference to the Palestinian Entity

  • Author: Amos Shapira,Mala Tabory
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9789041111555
  • Category: Law
  • Page: 430
  • View: 1516
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Part II: Human rights.

Secession and International Law

Secession and International Law

Conflict Avoidance - Regional Appraisals

  • Author: Julie Dahlitz
  • Publisher: United Nations Publications
  • ISBN: 9789210001434
  • Category: Law
  • Page: 283
  • View: 3146
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This publication has been prepared under the auspices of the Consortium on International Dispute Resolution (CIDIR) and based on the discussions of regional conferences held in Geneva, Moscow, Sydney, California and the Hague during the period 2000-01. It explores the principles and rules of international law regarding the fragmentation of states and growth of secessionist movements, with the aim of conflict prevention. It focuses on the issues of sovereignty, self defence, self determination and humanitarian law; and aspects considered include fundamental legal concepts and evolving principles, as well as case studies of self-determination and secessionist movements in Quebec, Canada; Puerto Rico; and Latin America.

Sovereignty and Its Discontents

Sovereignty and Its Discontents

On the Primacy of Conflict and the Structure of the Political

  • Author: William Rasch
  • Publisher: Psychology Press
  • ISBN: 1859419844
  • Category: Political Science
  • Page: 158
  • View: 9874
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In contrast to many attempts to rethink the political in the wake of the collapse of traditional leftist projects, this text argues of the centrality of conflict in any notion of the political, as well as for the logical and/or ontological primacy of violence over 'peace'.

Palestine and International Law

Palestine and International Law

Essays on Politics and Economics

  • Author: Sanford R. Silverburg
  • Publisher: McFarland
  • ISBN: 9780786411917
  • Category: Political Science
  • Page: 430
  • View: 2169
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This collection of thirteen essays explains and analyzes the conflict between the Government of Israel and the Palestine Authority over the granting of sovereignty to Palestinians from the point of view of international law. The dispute--emotional, so far intractable, often violent--is of global, not merely Middle Eastern concern. The essays cover two general topics: the political nature of the conflict and the economic issues. The collection includes eight respected contributions previously published and five newly written essays. The contributors represent a range of political alignments and differing perspectives, providing the widest possible scope for understanding the issues and beliefs relating to the conflict. Includes an up-to-date bibliography; fully indexed.

International Law and Drone Strikes in Pakistan

International Law and Drone Strikes in Pakistan

The Legal and Socio-political Aspects

  • Author: Sikander Ahmed Shah
  • Publisher: Routledge
  • ISBN: 1134074271
  • Category: Law
  • Page: 247
  • View: 5033
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While conventional warfare has an established body of legal precedence, the legality of drone strikes by the United States in Pakistan and elsewhere remains ambiguous. This book explores the legal and political issues surrounding the use of drones in Pakistan. Drawing from international treaty law, customary international law, and statistical data on the impact of the strikes, Sikander Ahmed Shah asks whether drone strikes by the United States in Pakistan are in compliance with international humanitarian law. The book questions how international law views the giving of consent between States for military action, and explores what this means for the interaction between sovereignty and consent. The book goes on to look at the socio-political realities of drone strikes in Pakistan, scrutinizing the impact of drone strikes on both Pakistani politics and US-Pakistan relationships. Topics include the Pakistan army-government relationship, the evolution of international institutions as a result of drone strikes, and the geopolitical dynamics affecting the region. As a detailed and critical examination of the legal and political challenges presented by drone strikes, this book will be essential to scholars and students of the law of armed conflict, security studies, political science and international relations.

International Law and Conflicts

International Law and Conflicts

Resolving Border and Sovereignty Disputes in Africa

  • Author: Justice Mbuh
  • Publisher: N.A
  • ISBN: 9780595297078
  • Category: Law
  • Page: 480
  • View: 394
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Like his first book Inside Contemporary Cameroun Politics (Authorhouse, 2004, unpublished), Justice M. Mbuh once again draws the attention of readers and researchers on the abuse of human rights and international law that accompany political manipulations in international organizations, especially in the International Court of Justice (ICJ) as nations fight or attempt making peace with one another via Courts. The author is perhaps the first to draw our attention from his MA Thesis to this now refurbished work to the riches and delicate political balance that exist in the African Sub-region known as Gulf of Guinea. Moving from general to specific conflict investigation and analyses-from Kashmir, Palestine through the Temple of Preah Vihear to Thirteen African Conflicts or Hotspots (including the Bakassi Peninsula Border Dispute between Cameroun and Nigeria), the author draws a delicate balance between the said conflict and the domestic economic and political realities of the two lead belligerents. Underlying his assumptions and analyses, is his unquenching ability to defend the right to self-determination of all peoples. He once again dares to uphold the fact that the dispute is first a question of understanding the frictional relationship between the myth of the "Two Cameroons"-Ambazonia (Southern Cameroons) and Cameroun, before that of the sovereignty over the swampy, oil-rich peninsula. Above all, the author takes the reader through well defined stages of escalation and dispute resolution, as far as the particular core case study is concerned, while at the same time revealing how vital evidence was suppressed at the ICJ.

Environmental Sovereignty And the WTO

Environmental Sovereignty And the WTO

Trade Sanctions And International Law

  • Author: Bradly J. Condon
  • Publisher: BRILL
  • ISBN: 1571053662
  • Category: Law
  • Page: 346
  • View: 3880
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The growing body of WTO jurisprudence is of profound significance for the development of the general body of international law. With this in mind, Environmental Sovereignty and the WTO succinctly examines how the WTO law can contribute to achieving coherence between general international law, international environmental law and international trade law and avoid conflicts between trade liberalization and global environmental protection. Professor Condon argues that these three branches of law are generally consistent with each other in the area of international law where they intersect. However, WTO jurisprudence can benefit from a more explicit analysis, provided here, of the way that panel decisions fit into the general framework of international law. No law reforms are currently needed to facilitate this task. As the text shows, it is a matter of using the current WTO rules to resolve conflicts between treaties such as the General Agreement on Tariffs and Trade (GATT) and multilateral environmental agreements (MEAs) and to determine the circumstances in which unilateral trade measures should be permitted. The topics addressed in Environmental Sovereignty and the WTO will be of considerable interest to a broad audience given the global political controversy over American unilateralism, the fairness of WTO rules to poor countries, and the effect of trade rules on efforts to protect the global environment. However, the book addresses these controversial issues without sacrificing academic rigour and will appeal to a scholarly and professional audience seeking new approaches to addressing the problems raised by the globalization of law. Published under the Transnational Publishers imprint.

International Law and Self-Determination

International Law and Self-Determination

The Interplay of the Politics of Territorial Possession With Formulations of Post-Colonial National Identity

  • Author: Joshua Castellino
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9789041114099
  • Category: Law
  • Page: 286
  • View: 8481
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TABLE OF UN DOCUMENTS.

Humanitarian Intervention

Humanitarian Intervention

Ethical, Legal and Political Dilemmas

  • Author: J. L. Holzgrefe,Robert O. Keohane
  • Publisher: Cambridge University Press
  • ISBN: 9780521529280
  • Category: Law
  • Page: 350
  • View: 714
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An interdisciplinary approach to humanitarian intervention by experts in law, politics, and ethics.

The Right of Conquest

The Right of Conquest

The Acquisition of Territory by Force in International Law and Practice

  • Author: Sharon Korman
  • Publisher: Clarendon Press
  • ISBN: 0191583804
  • Category: Political Science
  • Page: 352
  • View: 398
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This is an enquiry into the place of the right of conquest in international relations since the early sixteenth century, and the causes and consequences of its demise in the twentieth century. It was a recognized principle of international law until the early years of this century that a state that emerges victorious in a war is entitled to claim sovereignty over territory which it has taken possession. Sharon Korman shows how the First World War - which led to the rise of self-determination and to calls for the prohibition of way - prompted the reconstruction of international law and the consequent abolition of the title by conquest. Her conclusion, which highlights the merits and defects of the modern law as a vehicle for discouraging war by denying the title to the conqueror, challenges many of the assumptions that have come to constitute part of the conventional wisdom of our times. This is a study, not of international law narrowly conceived, but of the place of a changing legal principle in international history and the contemporary world.

International law and the rise of nations

International law and the rise of nations

the state system and the challenge of ethnic groups

  • Author: Robert J. Beck,Thomas Ambrosio
  • Publisher: CQ Press
  • ISBN: N.A
  • Category: Law
  • Page: 364
  • View: 1122
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Among the Significant consequences of the Cold War's end have been the rise of nations and the challenges that these nations present for global order and international law. Taking a unique approach to explore this phenomenon, Beck and Ambrosio consider three principal themes: the emergence of nations, the international legal challenges that such nations pose, and international legal efforts to accommodate nations within the global state system. Seminal works by celebrated scholars and new contributions are featured alongside focus essays and bibliographies to place the selected readings in context. Students of international law, political science, and ethnic studies will find this book valuable for its focus on an overlooked but important subject. Book jacket.

Sovereignty, the WTO, and Changing Fundamentals of International Law

Sovereignty, the WTO, and Changing Fundamentals of International Law

  • Author: John H. Jackson
  • Publisher: Cambridge University Press
  • ISBN: 1139452738
  • Category: Law
  • Page: N.A
  • View: 3213
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The last decade of the twentieth century and the first decade of the twenty-first century has been one of the most challenging periods for the generally accepted assumptions of international law. This book, first published in 2006, grapples with these long-held assumptions (such as the consent basis of international law norms, equality of nations, restrictive or text-based treaty interpretations and applications, the monopoly of internal national power, and non-interference), and how they are being fundamentally altered by the forces of globalization. It also examines the challenges facing the WTO as a component of international economic law, and how that field is inextricably linked to general international law.

International Law and its Others

International Law and its Others

  • Author: Anne Orford
  • Publisher: Cambridge University Press
  • ISBN: 1139460390
  • Category: Law
  • Page: N.A
  • View: 1848
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Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.

A Search for Sovereignty

A Search for Sovereignty

Law and Geography in European Empires, 1400–1900

  • Author: Lauren Benton
  • Publisher: Cambridge University Press
  • ISBN: 1107782716
  • Category: History
  • Page: N.A
  • View: 1968
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A Search for Sovereignty approaches world history by examining the relation of law and geography in European empires between 1400 and 1900. Lauren Benton argues that Europeans imagined imperial space as networks of corridors and enclaves, and that they constructed sovereignty in ways that merged ideas about geography and law. Conflicts over treason, piracy, convict transportation, martial law, and crime created irregular spaces of law, while also attaching legal meanings to familiar geographic categories such as rivers, oceans, islands, and mountains. The resulting legal and spatial anomalies influenced debates about imperial constitutions and international law both in the colonies and at home. This study changes our understanding of empire and its legacies and opens new perspectives on the global history of law.

Rechtserhaltende Gewalt — eine ethische Verortung

Rechtserhaltende Gewalt — eine ethische Verortung

Fragen zur Gewalt •

  • Author: Ines-Jacqueline Werkner,Torsten Meireis
  • Publisher: Springer-Verlag
  • ISBN: 3658224991
  • Category: Political Science
  • Page: 162
  • View: 6625
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Mit dem gerechten Frieden geht - gerade wie er in der Friedensdenkschrift der Evangelischen Kirche in Deutschland niedergelegt ist - für viele seiner Vertreterinnen und Vertreter eine Absage an die Lehre vom gerechten Krieg einher. Friedensordnung wird als Rechtsordnung begriffen. Mit diesem rechtsethischen Verständnis verbindet sich aber kein radikaler Pazifismus. Vielmehr bleibt Frieden auf die Durchsetzung des Rechts – und dafür steht der Terminus der rechtserhaltenden Gewalt – verwiesen. Ihre ethischen Kriterien werden dann aber wieder im Rückgriff auf den gerechten Krieg generiert. Diese Parallelität ist nicht unproblematisch. In einen anderen Rahmen gestellt gilt es, grundlegend über die Begründung und Verortung der rechtserhaltenden Gewalt neu nachzudenken.

The International Law of Occupation

The International Law of Occupation

  • Author: Eyal Benvenisti
  • Publisher: OUP Oxford
  • ISBN: 0191639575
  • Category: Law
  • Page: 416
  • View: 8873
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The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.

Law, Power, and the Sovereign State

Law, Power, and the Sovereign State

The Evolution and Application of the Concept of Sovereignty

  • Author: Michael Ross Fowler,Julie Marie Bunck
  • Publisher: Penn State Press
  • ISBN: 9780271039114
  • Category: Political Science
  • Page: N.A
  • View: 7446
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In the wake of the collapse of the Soviet bloc, it is timely to ask what continuing role, if any, the concept of sovereignty can and should play in the emerging &"new world order.&" The aim of Law, Power, and the Sovereign State is both to counter the argument that the end of the sovereign state is close at hand and to bring scholarship on sovereignty into the post-Cold War era. The study assesses sovereignty as status and as power and examines the issue of what precisely constitutes a sovereign state. In determining how a political entity gains sovereignty, the authors introduce the requirements of de facto independence and de jure independence and explore the ambiguities inherent in each. They also examine the political process by which the international community formally confers sovereign status. Fowler and Bunck trace the continuing tension of the &"chunk and basket&" theories of sovereignty through the history of international sovereignty disputes and conclude by considering the usefulness of sovereignty as a concept in the future study and conduct of international affairs. They find that, despite frequent predictions of its imminent demise, the concept of sovereignty is alive and well as the twentieth century draws to a close.