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: 8296
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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.

Property and Sovereignty

Property and Sovereignty

Legal and Cultural Perspectives

  • Author: Professor James Charles Smith
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 140948470X
  • Category: Law
  • Page: 336
  • View: 2616
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This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ‘sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.

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: 6477
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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'.

International Law and New Wars

International Law and New Wars

  • Author: Christine Chinkin,Mary Kaldor
  • Publisher: Cambridge University Press
  • ISBN: 1316764532
  • Category: Law
  • Page: N.A
  • View: 1466
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International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.

International Law and Japanese Sovereignty

International Law and Japanese Sovereignty

The Emerging Global Order in the 19th Century

  • Author: Douglas Howland
  • Publisher: Springer
  • ISBN: 1137567775
  • Category: Political Science
  • Page: 232
  • View: 9789
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How does a nation become a great power? A global order was emerging in the nineteenth century, one in which all nations were included. This book explores the multiple legal grounds of Meiji Japan's assertion of sovereign statehood within that order: natural law, treaty law, international administrative law, and the laws of war. Contrary to arguments that Japan was victimized by 'unequal' treaties, or that Japan was required to meet a 'standard of civilization' before it could participate in international society, Howland argues that the Westernizing Japanese state was a player from the start. In the midst of contradictions between law and imperialism, Japan expressed state will and legal acumen as an equal of the Western powers – international incidents in Japanese waters, disputes with foreign powers on Japanese territory, and the prosecution of interstate war. As a member of international administrative unions, Japan worked with fellow members to manage technical systems such as the telegraph and the post. As a member of organizations such as the International Law Association and as a leader at the Hague Peace Conferences, Japan helped to expand international law. By 1907, Japan was the first non-western state to join the ranks of the great powers.

Autonomy, Sovereignty, and Self-Determination

Autonomy, Sovereignty, and Self-Determination

The Accommodation of Conflicting Rights

  • Author: Hurst Hannum
  • Publisher: University of Pennsylvania Press
  • ISBN: 081220218X
  • Category: Law
  • Page: 552
  • View: 6705
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Demands for "autonomy" or minority rights have given rise to conflicts, often violent, in every region of the world and under every political system. Through an analysis of contemporary international legal norms and an examination of several specific case studies—including Hong Kong, India, the transnational problems of the Kurds and Saamis, Nicaragua, Northern Ireland, Spain, Sri Lanka, and the Sudan—this book identifies a framework in which ethnic, religious, and regional conflicts can be addressed.

Chinese Law in Imperial Eyes

Chinese Law in Imperial Eyes

Sovereignty, Justice, and Transcultural Politics

  • Author: Li Chen
  • Publisher: Columbia University Press
  • ISBN: 0231540213
  • Category: History
  • Page: 400
  • View: 9004
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How did American schoolchildren, French philosophers, Russian Sinologists, Dutch merchants, and British lawyers imagine China and Chinese law? What happened when agents of presumably dominant Western empires had to endure the humiliations and anxieties of maintaining a profitable but precarious relationship with China? In Chinese Law in Imperial Eyes, Li Chen provides a richly textured analysis of these related issues and their intersection with law, culture, and politics in the eighteenth and nineteenth centuries. Using a wide array of sources, Chen's study focuses on the power dynamics of Sino-Western relations during the formative century before the First Opium War (1839-1842). He highlights the centrality of law to modern imperial ideology and politics and brings new insight to the origins of comparative Chinese law in the West, the First Opium War, and foreign extraterritoriality in China. The shifting balance of economic and political power formed and transformed knowledge of China and Chinese law in different contact zones. Chen argues that recovering the variegated and contradictory roles of Chinese law in Western "modernization" helps provincialize the subsequent Euro-Americentric discourse of global modernity. Chen draws attention to important yet underanalyzed sites in which imperial sovereignty, national identity, cultural tradition, or international law and order were defined and restructured. His valuable case studies show how constructed differences between societies were hardened into cultural or racial boundaries and then politicized to rationalize international conflicts and hierarchy.

Sovereignty

Sovereignty

The Origin and Future of a Political and Legal Concept

  • Author: Dieter Grimm
  • Publisher: Columbia University Press
  • ISBN: 0231539304
  • Category: Philosophy
  • Page: 176
  • View: 9163
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Dieter Grimm's accessible introduction to the concept of sovereignty ties the evolution of the idea to historical events, from the religious conflicts of sixteenth-century Europe to today's trends in globalization and transnational institutions. Grimm wonders whether recent political changes have undermined notions of national sovereignty, comparing manifestations of the concept in different parts of the world. Geared for classroom use, the study maps various notions of sovereignty in relation to the people, the nation, the state, and the federation, distinguishing between internal and external types of sovereignty. Grimm's book will appeal to political theorists and cultural-studies scholars and to readers interested in the role of charisma, power, originality, and individuality in political rule.

Responsibility to Protect and Sovereignty

Responsibility to Protect and Sovereignty

  • Author: Professor Charles Sampford,Professor Ramesh Thakur
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 1409472574
  • Category: Law
  • Page: 246
  • View: 4519
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The responsibility to protect ('R2P') principle articulates the obligations of the international community to prevent conflict occurring, to intervene in conflicts, and to assist in rebuilding after conflicts. The doctrine is about protecting civilians in armed conflicts from four mass atrocity crimes: genocide, war crimes, crimes against humanity and ethnic cleansing. This book examines interventions in East Timor, Sri Lanka, Sudan and Kosovo. The chapters explore and question UN debates with respect to the doctrine both before and after its adoption in 2005; contrasting state attitudes to international military intervention; and what takes place after intervention. It also discusses the ability of the Security Council to access reliable information and credible and transparent processes to enable it to make a determination on the occurrence of atrocities in a Member State. Questioning whether there is a need to find a closer operational link between the responsibilities to prevent and react and a normative link between R2P and principles of international law, the contributions examine the effectiveness of the framework of R2P for international decision-making in response to mass atrocity crimes and ask how an international system to deal with threats and mass atrocities can be developed in the absence of a central authority. This book will be valuable to those interested in international law, human rights, and security, peace and conflict studies.

Natural Law and Civil Sovereignty

Natural Law and Civil Sovereignty

Moral Right and State Authority in Early Modern Political Thought

  • Author: I. Hunter,David Saunders
  • Publisher: Springer
  • ISBN: 1403919534
  • Category: Science
  • Page: 257
  • View: 9481
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In Natural Law and Civil Sovereignty new research by leading international scholars is brought to bear on a single crucial issue: the role of early modern natural law doctrines in reconstructing the relations between moral right and civil authority in the face of profound religious and political conflict. In addition to providing fresh insights into the hard-fought struggle to legitimate a desacralised civil order, the book also shows the degree to which the legitimacy of the modern secular state remains dependent on this decisive set of developments.

Palestine and International Law

Palestine and International Law

Essays on Politics and Economics

  • Author: Sanford R. Silverburg
  • Publisher: McFarland
  • ISBN: 0786442484
  • Category: Social Science
  • Page: 440
  • View: 5803
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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 bibliography and index.

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: 5059
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Part II: Human rights.

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: 2505
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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.

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: 2826
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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.

International Natural Resources Law, Investment and Sustainability

International Natural Resources Law, Investment and Sustainability

  • Author: Shawkat Alam,Jahid Hossain Bhuiyan,Jona Razzaque
  • Publisher: Routledge
  • ISBN: 131753588X
  • Category: Law
  • Page: 466
  • View: 7369
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International Natural Resources Law, Investment and Sustainability provides a clear and concise insight into the relationship between the institutions that govern foreign investment, sustainable development and the rules and regulations that administer natural resources. In this book, several leading experts explore different perspectives in how investment and natural resources come together to achieve sustainable development in developing countries with examples from water, oil and gas, renewable energy, mineral, agriculture, and carbon trading. Despite varying perspectives, it is clear that several themes are central in considering the linkages between natural resources, investment and sustainability. Specifically, transparency, good governance and citizen empowerment are vital conditions which encourage positive social, economic and environmental outcomes for developing countries. In addition, this book provides new insights into key concepts which underpin international law, including sovereign rights and state responsibility principles. It is clear from this book that in the attempt to reconcile these concepts and principles from separate legal regimes, complex policy questions emerge whereby it is difficult to attain mutually beneficial or succinct outcomes. This book explores how countries prioritise their policy objectives to achieve their notion of sustainable natural resource use, which is strongly influenced by power imbalances that inform North–South cooperation, as well as South–South cooperation in the international investment regime. This book will be of great interest to students, academics and researchers of international environmental law, international human rights law, international investment law and international economic law. This book may also be of relevance to environmentalists, policy-makers, NGOs, and investors working in the natural resources field.

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: 5509
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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.

War, the State and International Law in Seventeenth-Century Europe

War, the State and International Law in Seventeenth-Century Europe

  • Author: Dr Peter Schröder,Prof Dr Olaf Asbach
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 1409480623
  • Category: History
  • Page: 288
  • View: 5935
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One of the great paradoxes of post-medieval Europe, is why instead of bringing peace to a disorganised and violent world, modernity instead produced a seemingly endless string of conflicts and social upheavals. Why was it that the foundation and institutionalisation of secured peace and the rule of law seemed to go hand-in-hand with the proliferation of war and the violation of individual and collective rights? In order to try to better understand such profound questions, this volume explores the history and theories of political thought of international relations in the seventeenth century, a period in which many of the defining features and boundaries of modern Europe where fixed and codified. With the discovery of the New World, and the fundamental impact of the Reformation, the complexity of international relations increased considerably. Reactions to these upheavals resulted in a range of responses intended to address the contradictions and conflicts of the anarchical society of states. Alongside the emergence of "modern" international law, the equation of international relations with the state of nature, and the development of the "balance of power", diplomatic procedures and commercial customs arose which shaped the emerging (and current) international system of states. Employing a multidisciplinary approach to address these issues, this volume brings together political scientists, philosophers, historians of political thought, jurists and scholars of international relations. What emerges is a certain tension between the different strands of research which allows for a fruitful new synthesis. In this respect the assembled essays in this volume offer a sophisticated and fresh account of the interactions of law, conflict and the nation state in an early-modern European context.

Self-Determination and Secession in International Law

Self-Determination and Secession in International Law

  • Author: Christian Walter,Antje von Ungern-Sternberg,Kavus Abushov
  • Publisher: OUP Oxford
  • ISBN: 0191006912
  • Category: Law
  • Page: 340
  • View: 3972
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Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.

International Law and Boundary Disputes in Africa

International Law and Boundary Disputes in Africa

  • Author: Gbenga Oduntan
  • Publisher: Routledge
  • ISBN: 1135039550
  • Category: Law
  • Page: 410
  • View: 6198
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Africa has experienced a number of territorial disputes over land and maritime boundaries, due in part to its colonial and post-colonial history. This book explores the legal, political, and historical nature of disputes over territory in the African continent, and critiques the content and application of contemporary International law to the resolution of African territorial and border disputes. Drawing on central concepts of public international law such as sovereignty and jurisdiction, and socio-political concepts such as colonialism, ethnicity, nationality and self-determination, this book interrogates the intimate connection that peoples and nations have to territory and the severe disputes these may lead to. Gbenga Oduntan identifies the major principles of law at play in relation to territorial, and boundary disputes, and argues that the predominant use of foreign based adjudicatory mechanisms in attempting to deal with African boundary disputes alienates those institutions and mechanisms from African people and can contribute to the recurrence of conflicts and disputes in and among African territories. He suggests that the understanding and application of multidisciplinary dispute resolution mechanisms and strategies can allow for a more holistic and effective treatment of boundary disputes. As an in depth study into the legal, socio-political and anthropological mechanisms involved in the understanding of territorial boundaries, and a unique synthesis of an African jurisprudence of international boundaries law, this book will be of great use and interest to students, researchers, and practitioners in African and Public International Law, International Relations, and decision-makers in need of better understanding the settlement of disputes over territorial boundaries in both Africa and the wider world.

Corporate Sovereignty

Corporate Sovereignty

Law and Government Under Capitalism

  • Author: Joshua Barkan
  • Publisher: N.A
  • ISBN: 9780816674268
  • Category: Business & Economics
  • Page: 243
  • View: 2236
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In Corporate Sovereignty, Joshua Barkan argues that corporate power should be rethought as a mode of political sovereignty. Situating analysis of U.S., British, and international corporate law alongside careful readings in political and social theory, he demonstrates that the Anglo-American corporation and modern political sovereignty are founded in and bound together through a principle of legally sanctioned immunity from law.