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: 9068
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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: 9905
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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.

International Law and New Wars

International Law and New Wars

  • Author: Christine Chinkin,Mary Kaldor
  • Publisher: Cambridge University Press
  • ISBN: 1107171210
  • Category: History
  • Page: 608
  • View: 4540
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Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

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: 3383
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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.

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: 2219
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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.

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: 2944
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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 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: 4668
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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.

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: 2645
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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.

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: 2419
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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.

Corporate Sovereignty

Corporate Sovereignty

Law and Government Under Capitalism

  • Author: Joshua Barkan
  • Publisher: N.A
  • ISBN: 9780816674268
  • Category: Business & Economics
  • Page: 243
  • View: 5464
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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.

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: 667
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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.

International Law and the Arctic

International Law and the Arctic

  • Author: Michael Byers,James Baker
  • Publisher: Cambridge University Press
  • ISBN: 1107042755
  • Category: Law
  • Page: 337
  • View: 3478
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Sets out the international law relevant to the Arctic, from indigenous peoples to environmental protection to oil and gas exploration.

Law, Violence and Sovereignty Among West Bank Palestinians

Law, Violence and Sovereignty Among West Bank Palestinians

  • Author: Tobias Kelly
  • Publisher: Cambridge University Press
  • ISBN: 1139460994
  • Category: Political Science
  • Page: N.A
  • View: 3713
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As the Oslo Peace Process has given way to the violence of the second intifada, this book explores the continuing legacy of Oslo in the everyday life of the Israeli-Palestinian conflict. Taking a perspective that sees the Israeli-Palestinian conflict as a conflict over the distribution of legal rights, it focuses on the daily concerns of West Bank Palestinians, and explores the meanings, limitations and potential of legal claims in the context of the region's structures of governance. Kelly argues that fundamental contradictions in the process through which the West Bank has been ruled and misruled have resulted in an unstable mixture of legality, fear and uncertainty. Based on long term ethnographic fieldwork, this book provides an insight into how the wider Middle East conflict manifests itself through the daily encounters of ordinary Israelis and Palestinians, offering an evocative and theoretically informed account of the relationship between law, peace-building and violence.

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: 4049
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Part II: Human rights.

The Cartographic State

The Cartographic State

Maps, Territory, and the Origins of Sovereignty

  • Author: Jordan Branch
  • Publisher: Cambridge University Press
  • ISBN: 1107040965
  • Category: History
  • Page: 242
  • View: 1562
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Describes the emergence of the territorial state and examines the role that cartography has played in shaping its linear boundaries.

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: 6979
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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.

Nation Against State

Nation Against State

A New Approach to Ethnic Conflicts and the Decline of Sovereignty

  • Author: Gidon Gottlieb
  • Publisher: Council on Foreign Relations
  • ISBN: 9780876091562
  • Category: Political Science
  • Page: 148
  • View: 1466
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The dominant norms of international law and diplomacy are ill adapted to coping with the kind of strife that has erupted in Yugoslavia and in the Caucasus and that could become common elsewhere in Eurasia. This book develops innovative approaches for contending with brutal conflicts waged in the name of nationhood.

China, State Sovereignty and International Legal Order

China, State Sovereignty and International Legal Order

  • Author: Phil C.W. Chan
  • Publisher: Hotei Publishing
  • ISBN: 9004288376
  • Category: Law
  • Page: 368
  • View: 878
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In China, State Sovereignty and International Legal Order, Phil C.W. Chan explores the nexus between China’s exercise of State sovereignty and international legal order, and the locus in which State sovereignty resides in international law and foreign policy-making.

Asylum Seekers, Sovereignty, and the Senses of the International

Asylum Seekers, Sovereignty, and the Senses of the International

A Politico-corporeal Struggle

  • Author: Eeva Puumala
  • Publisher: Taylor & Francis
  • ISBN: 1317369467
  • Category: Political Science
  • Page: 200
  • View: 7952
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The confrontation between asylum seeking and sovereignty has mainly focused on ways in which the movement and possibilities of refugees and migrants are limited. In this volume, instead of departing from the practices of governance and surveillance, Puumala begins with the moving body, its engagements and relations and examines different ways of seeing and sensing the struggle between asylum seekers and sovereign practices. Puumala asserts that our political imagination is being challenged in its ways of ordering, practicing and thinking about the international and those relations we call international. The issues relating to asylum seekers are one example of the deficiencies in the spatiotemporal logic upon which these relations were originally built; words such as ‘nation’, ‘people’, ‘sovereignty’ and ‘community’ are challenged. Conventional methods of governing, regulating and administering increased forms of mobility are in trouble, which gives rise to the invention of new technologies at borders and introduces regulations and spaces of exception. Based on extensive fieldwork that sheds light on a range of Europe-wide practices in the field of asylum and migration policies, this book will be of interest to scholars of IR theory, biopolitics and migration, as well as critical security more broadly.

Compliant Rebels

Compliant Rebels

  • Author: Hyeran Jo
  • Publisher: Cambridge University Press
  • ISBN: 1107110041
  • Category: Law
  • Page: 354
  • View: 3933
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Analyzes civil wars over the past twenty years and examines what motivates some rebel groups to abide by international law.