A Law Of Peoples For Recognizing States

Author : Chris Naticchia
Publisher : Lexington Books
Page : 295 pages
File Size : 55,7 Mb
Release : 2016-11-02
Category : Philosophy
ISBN : 9781498526142

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A Law of Peoples for Recognizing States by Chris Naticchia Pdf

Which political entities should the international community recognize as member states—granting them the rights and powers of statehood and entitling them to participate in formulating, adjudicating, and implementing international law? What criteria should it use, and are those criteria defensible? From Kosovo, Palestine, and Taiwan to South Sudan, Scotland, South Ossetia, Abkhazia, and Catalonia, these questions continuously arise and constantly challenge the international community for a consistent, principled stance. In response to this challenge, Chris Naticchia offers a social contract argument for a theory of international recognition—a normative theory of the criteria that states and international bodies should use to recognize political entities as member states of the international community. Regardless of whether political entities adequately respect human rights or practice democracy, he argues, we must recognize a critical mass of them to get international institutions working. Then we should recognize secessionist entities that suffer from persistent, grave, and widespread human rights abuses by their government—and, under certain conditions, minority nations within multinational states that seek independence. We must also recognize entities whose recognition would contribute to the economic development of the least well-off entities. Drawing on the social contract tradition, and developing a broadly Rawlsian view, A Law of Peoples for Recognizing States will both challenge and appeal to a broad readership in political philosophy, international law, and international relations.

Author : John Rawls
Publisher : Harvard University Press
Page : 212 pages
File Size : 53,9 Mb
Release : 1999
Category : Philosophy
ISBN : 0674005422

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The Law of Peoples by John Rawls Pdf

This work consists of two parts: The Idea of Public Reason Revisited and The Law of Peoples. Taken together, they are the culmination of more than 50 years of reflection on liberalism and on some pressing problems of our times.

Author : John Rawls
Publisher : Harvard University Press
Page : 208 pages
File Size : 42,9 Mb
Release : 1999
Category : Philosophy
ISBN : 9780674005426

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The Law of Peoples by John Rawls Pdf

This work consists of two parts: The Idea of Public Reason Revisited and The Law of Peoples. Taken together, they are the culmination of more than 50 years of reflection on liberalism and on some pressing problems of our times.

Author : Jon Mandle,David A. Reidy
Publisher : Cambridge University Press
Page : 897 pages
File Size : 44,9 Mb
Release : 2014-12-03
Category : Philosophy
ISBN : 1316190315

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The Cambridge Rawls Lexicon by Jon Mandle,David A. Reidy Pdf

John Rawls is widely regarded as one of the most influential philosophers of the twentieth century, and his work has permanently shaped the nature and terms of moral and political philosophy, deploying a robust and specialized vocabulary that reaches beyond philosophy to political science, economics, sociology, and law. This volume is a complete and accessible guide to Rawls' vocabulary, with over 200 alphabetical encyclopaedic entries written by the world's leading Rawls scholars. From 'basic structure' to 'burdened society', from 'Sidgwick' to 'strains of commitment', and from 'Nash point' to 'natural duties', the volume covers the entirety of Rawls' central ideas and terminology, with illuminating detail and careful cross-referencing. It will be an essential resource for students and scholars of Rawls, as well as for other readers in political philosophy, ethics, political science, sociology, international relations and law.

Author : Rex Martin,David A. Reidy
Publisher : John Wiley & Sons
Page : 344 pages
File Size : 44,6 Mb
Release : 2008-04-15
Category : Philosophy
ISBN : 9781405157360

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Rawls's Law of Peoples by Rex Martin,David A. Reidy Pdf

This volume examines Rawls's theory of international justice as worked out in his controversial last book, The Law of Peoples.

Author : Stephen Young
Publisher : Routledge
Page : 220 pages
File Size : 50,7 Mb
Release : 2019-11-19
Category : Law
ISBN : 9781000752656

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Indigenous Peoples, Consent and Rights by Stephen Young Pdf

Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigenous peoples’ consent before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations (NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law – but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples’ rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples’ rights. Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.

Author : Brendan Tobin
Publisher : Routledge
Page : 361 pages
File Size : 52,6 Mb
Release : 2014-08-27
Category : Law
ISBN : 9781317697534

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Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters by Brendan Tobin Pdf

This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

Author : STEPHEN. YOUNG
Publisher : Routledge
Page : 264 pages
File Size : 42,5 Mb
Release : 2021-06-30
Category : Electronic
ISBN : 1032085150

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Indigenous Peoples, Consent and Rights by STEPHEN. YOUNG Pdf

Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigenous peoples' consent before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations (NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law - but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples' rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples' rights. Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.

Author : Ezra Champion Seaman
Publisher : Unknown
Page : 308 pages
File Size : 51,7 Mb
Release : 1863
Category : Constitutional history
ISBN : BL:A0017767534

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Commentaries on the Constitutions and Laws, Peoples and History, of the United States by Ezra Champion Seaman Pdf

Author : James R. Crawford
Publisher : Oxford University Press
Page : 128 pages
File Size : 50,7 Mb
Release : 2007-03-15
Category : Law
ISBN : 9780191511950

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The Creation of States in International Law by James R. Crawford Pdf

Statehood in the early 21st century remains as much a central problem as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.

Author : Vaughan Lowe
Publisher : OUP Oxford
Page : 144 pages
File Size : 49,7 Mb
Release : 2015-11-26
Category : Law
ISBN : 9780191576201

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International Law: A Very Short Introduction by Vaughan Lowe Pdf

Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

Author : John RAWLS
Publisher : Harvard University Press
Page : 624 pages
File Size : 43,5 Mb
Release : 2009-06-30
Category : Philosophy
ISBN : 9780674042605

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A Theory of Justice by John RAWLS Pdf

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Author : Roger S. Gottlieb
Publisher : Rowman & Littlefield
Page : 694 pages
File Size : 52,7 Mb
Release : 2003
Category : Nature
ISBN : 074252535X

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Liberating Faith by Roger S. Gottlieb Pdf

Table of contents

Author : Rowan Nicholson
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 40,9 Mb
Release : 2019-09
Category : Law
ISBN : 9780198851219

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Statehood and the State-Like in International Law by Rowan Nicholson Pdf

If the term were given its literal meaning, international law would be law between 'nations'. It is often described instead as being primarily between states. But this conceals the diversity of the nations or state-like entities that have personality in international law or that have had it historically. This book reconceptualizes statehood by positioning it within that wider family of state-like entities. In this monograph, Rowan Nicholson contends that states themselves have diverse legal underpinnings. Practice in cases such as Somalia and broader principles indicate that international law provides not one but two alternative methods of qualifying as a state. Subject to exceptions connected with territorial integrity and peremptory norms, an entity can be a state either on the ground that it meets criteria of effectiveness or on the ground that it is recognized by all other states. Nicholson also argues that states, in the strict legal sense in which the word is used today, have never been the only state-like entities with personality in international law. Others from the past and present include imperial China in the period when it was unreceptive to Western norms; precolonial African chiefdoms; 'states-in-context', an example of which may be Palestine, which have the attributes of statehood relative to states that recognize them; and entities such as Hong Kong.

Author : Peter Grant
Publisher : Minority Rights Group
Page : 272 pages
File Size : 41,7 Mb
Release : 2015-07-02
Category : Social Science
ISBN : 9781907919633

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State of the World’s Minorities and Indigenous Peoples 2015 by Peter Grant Pdf

In a context of rapid growth, an increasing proportion of minorities and indigenous peoples are now living in urban areas. But while they offer the possibility of greater freedoms, improved livelihoods and more equitable opportunities, cities often magnify existing patterns of discrimination and insecurity. This year's edition of State of the world's minorities and indigenous peoples explores the many challenges communities face in urban areas, from segregation and lack of services to targeted violence and exclusion. Nevertheless, the volume also includes numerous cases of minorities and indigenous peoples achieving better social and political outcomes for themselves in cities, as well as examples of the substantial benefits their inclusion can bring to the entire urban population.