Borders Legal Spaces And Territories In Contemporary International Law

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Borders, Legal Spaces and Territories in Contemporary International Law

Author : Tommaso Natoli,Alice Riccardi
Publisher : Springer Nature
Page : 266 pages
File Size : 55,8 Mb
Release : 2019-09-12
Category : Law
ISBN : 9783030209292

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Borders, Legal Spaces and Territories in Contemporary International Law by Tommaso Natoli,Alice Riccardi Pdf

This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.

The Rebirth of Territory

Author : Gail Lythgoe
Publisher : Cambridge University Press
Page : 311 pages
File Size : 54,6 Mb
Release : 2024-03-14
Category : Law
ISBN : 9781009377904

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The Rebirth of Territory by Gail Lythgoe Pdf

Gail Lythgoe challenges readers to reconsider the territoriality of the contemporary global order. This study sits at the intersection between international law, geography, and global governance, examining the spatial assumptions of legal practice and power and offering a new legal account of territory and geography for the global order.

Borders

Author : Alexander C. Diener,Joshua Hagen
Publisher : Oxford University Press
Page : 169 pages
File Size : 55,6 Mb
Release : 2024
Category : Political Science
ISBN : 9780197549605

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Borders by Alexander C. Diener,Joshua Hagen Pdf

This second edition of Borders: A Very Short Introduction challenges the perception of borders as passive lines on a map, revealing them instead to be integral forces in the economic, social, political, and environmental processes that shape our lives.

Security, Law and Borders

Author : Tugba Basaran
Publisher : Routledge
Page : 154 pages
File Size : 40,6 Mb
Release : 2010-09-21
Category : History
ISBN : 9781136902130

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Security, Law and Borders by Tugba Basaran Pdf

This book focuses on security practices, civil liberties and the politics of borders in liberal democracies. In the aftermath of 9/11, security practices and the denial of human rights and civil liberties are often portrayed as an exception to liberal rule, and seen as institutionally, legally and spatially distinct from the liberal state. Drawing upon detailed empirical studies from migration controls, such as the French waiting zone, Australian off-shore processing and US maritime interceptions, this study demonstrates that the limitation of liberties is not an anomaly of liberal rule, but embedded within the legal order of liberal democracies. The most ordinary, yet powerful way, of limiting liberties is the creation of legal identities, legal borders and legal spaces. It is the possibility of limiting liberties through liberal and democratic procedures that poses the key challenge to the protection of liberties. The book develops three inter-related arguments. First, it questions the discourse of exception that portrays liberal and illiberal rule as distinct ways of governing and scrutinizes liberal techniques for limiting liberties. Second, it highlights the space of government and argues for a change in perspective from territorial to legal borders, especially legal borders of policing and legal borders of rights. Third, it emphasizes the role of ordinary law for illiberal practices and argues that the legal order itself privileges policing powers and prevents access to liberties. This book will be of interest to students of critical security studies, social and political theory, political geography and legal studies, and IR in general.

Netherlands Yearbook of International Law 2016

Author : Martin Kuijer,Wouter Werner
Publisher : Springer
Page : 424 pages
File Size : 40,8 Mb
Release : 2017-12-13
Category : Law
ISBN : 9789462652071

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Netherlands Yearbook of International Law 2016 by Martin Kuijer,Wouter Werner Pdf

International law holds a paradoxical position with territory. Most rules of international law are traditionally based on the notion of State territory, and territoriality still significantly shapes our contemporary legal system. At the same time, new developments have challenged territory as the main organising principle in international relations. Three trends in particular have affected the role of territoriality in international law: the move towards functional regimes, the rise of cosmopolitan projects claiming to transgress state boundaries, and the development of technologies resulting in the need to address intangible, non-territorial, phenomena. Yet, notwithstanding some profound changes, it remains impossible to think of international law without a territorial locus. If international law is undergoing changes, this implies a reconfiguration of territory, but not a move beyond it. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles of a conceptual nature in a varying thematic area of public international law.

Border Politics

Author : Cengiz Günay,Nina Witjes
Publisher : Springer
Page : 212 pages
File Size : 40,9 Mb
Release : 2016-12-09
Category : Political Science
ISBN : 9783319468556

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Border Politics by Cengiz Günay,Nina Witjes Pdf

In the light of mass migration, the rise of nationalism and the resurgence of global terrorism, this timely volume brings the debate on border protection, security and control to the centre stage of international relations research. Rather than analysing borders as mere lines of territorial demarcation in a geopolitical sense, it sheds new light on their changing role in defining and negotiating identity, authority, security, and social and economic differences. Bringing together innovative and interdisciplinary perspectives, the book examines the nexus of authority, society, technology and culture, while also providing in-depth analyses of current international conflicts. Regional case studies comprise the Ukraine crisis, Nagorno-Karabakh, the emergence of new territorial entities such as ISIS, and maritime disputes in the South China Sea, as well as the contestation and re-construction of borders in the context of transnational movements. Bringing together theoretical, empirical and conceptual contributions by international scholars, this Yearbook of the Austrian Institute for International Affairs offers novel perspectives on hotly debated issues in contemporary politics, and will be of interest to researchers, graduate students and political decision makers alike.

Data at the Boundaries of European Law

Author : Deirdre Curtin,Mariavittoria Catanzariti
Publisher : Oxford University Press
Page : 257 pages
File Size : 44,6 Mb
Release : 2023-02-17
Category : Electronic
ISBN : 9780198874195

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Data at the Boundaries of European Law by Deirdre Curtin,Mariavittoria Catanzariti Pdf

Data at the Boundaries of European Law represents an original and engaged piece of scholarship in an important and fast developing field of policy and research. Beyond, and including, the most recent major new pieces of EU legislation-the Data Governance Act, together with the Data Act and the AI Act still going through the legislative process-this book draws attention to the substance of a number of core themes of the relationship between law and the digital world that are still somewhat hidden. These themes include the mimetic regulatory trajectories in and around the GDPR, transparency, ownership, and accountability, as well as the translation of all of these into core areas of public law such as criminal law, migration law, and intellectual property law. As a result, this book occupies a distinctive place in the debate on digital law that goes beyond the various silos of knowledge of particular legal disciplines. The issues addressed in this book are of interest to a global readership. They grapple with a number of the difficult themes of our times as applied to private and public actors and their (future) regulation in a manner that is relevant not just in Europe but worldwide.

International Law

Author : Sanford Silverburg
Publisher : Routledge
Page : 656 pages
File Size : 43,8 Mb
Release : 2018-04-19
Category : Political Science
ISBN : 9780429979347

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International Law by Sanford Silverburg Pdf

Featuring original contributions from well-established scholars and emerging stars in law and politics, this cutting-edge reader provides students with a succinct overview of the key issues facing international law today. The authors range from political science and law school instructors to professional researchers and lawyers in private practice, and they offer diverse, multinational perspectives on traditional and emergent issues in the practice and study of international law. Topics include R2P (Responsibility to Protect) and universal jurisdiction, noterritorial subjects of international law, international political economics (IPE), the International Court of Justice (ICJ), international humanitarian law (IHL), the environment, political violence and terrorism, and post-colonialism. A concluding section on international political interaction covers a wide range of issues that link international politics to international law. Offering the most inclusive and contemporary body of material available, International Law: Contemporary Issues and Future Developments is an essential resource for courses on politics and international law.

Unlawful Territorial Situations in International Law

Author : Enrico Milano
Publisher : BRILL
Page : 348 pages
File Size : 47,7 Mb
Release : 2005-12-01
Category : Law
ISBN : 9789047417743

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Unlawful Territorial Situations in International Law by Enrico Milano Pdf

This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law.The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.

Perspectives on International Law

Author : Nandasiri Jasentuliyana
Publisher : Martinus Nijhoff Publishers
Page : 586 pages
File Size : 41,5 Mb
Release : 1995-11-02
Category : Law
ISBN : 904110884X

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Perspectives on International Law by Nandasiri Jasentuliyana Pdf

In the spirit of the 50th anniversary of the United Nations and the United Nations Decade of International Law, the contributors to "Perspectives on International Law" honour with this legal treatise a devoted friend of the United Nations and international law, Judge Manfred Lachs - a noted judge, diplomat, humanist and, above all, teacher. The work includes a variety of perspectives on international law relating to what were Judge Lachs' four main areas of interest: the theory and practice of international law, the United Nations, the World Court, and space law. The book meets the need for a reference work covering selected subject areas and providing different perspectives on some of the key issues of current concern. Many eminent experts in various fields related to international law, including Judges of the International Court of Justice, diplomats, and professors of law - most of whom knew Judge Lachs personally - have contributed. Each chapter has been prepared specifically for the book. The contributors represent all political, legal and cultural regions of the world and provide a range of backgrounds and viewpoints, offering a variety of new ideas for strengthening international law, based on their assessment of the lessons of the past.

Indigenous Peoples and Borders

Author : Sheryl Lightfoot,Elsa Stamatopoulou
Publisher : Duke University Press
Page : 210 pages
File Size : 41,5 Mb
Release : 2023-11-27
Category : Social Science
ISBN : 9781478027607

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Indigenous Peoples and Borders by Sheryl Lightfoot,Elsa Stamatopoulou Pdf

The legacies of borders are far-reaching for Indigenous Peoples. This collection offers new ways of understanding borders by departing from statist approaches to territoriality. Bringing together the fields of border studies, human rights, international relations, and Indigenous studies, it features a wide range of voices from across academia, public policy, and civil society. The contributors explore the profound and varying impacts of borders on Indigenous Peoples around the world and the ways borders are challenged and worked around. From Bangladesh’s colonially imposed militarized borders to resource extraction in the Russian Arctic and along the Colombia-Ecuador border to the transportation of toxic pesticides from the United States to Mexico, the chapters examine sovereignty, power, and obstructions to Indigenous rights and self-determination as well as globalization and the economic impacts of borders. Indigenous Peoples and Borders proposes future action that is informed by Indigenous Peoples’ voices, needs, and advocacy. Contributors. Tone Bleie, Andrea Carmen, Jacqueline Gillis, Rauna Kuokkanen, Elifuraha Laltaika, Sheryl Lightfoot, David Bruce MacDonald, Toa Elisa Maldonado Ruiz, Binalakshmi “Bina” Nepram, Melissa Z. Patel, Manoel B. do Prado Junior, Hana Shams Ahmed, Elsa Stamatopoulou, Liubov Suliandziga, Rodion Sulyandziga, Yifat Susskind, Erika M. Yamada

The Shifting Border - Legal Cartographies of Migration and Mobility

Author : Ayelet Shachar
Publisher : Unknown
Page : 280 pages
File Size : 52,8 Mb
Release : 2020-02-24
Category : Electronic
ISBN : 1526145316

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The Shifting Border - Legal Cartographies of Migration and Mobility by Ayelet Shachar Pdf

A critical assessment from the perspective of political and legal theory of how shifting borders impact on migration, mobility and the protection of displaced persons

Territorial Status in International Law

Author : Jure Vidmar
Publisher : Bloomsbury Publishing
Page : 261 pages
File Size : 40,7 Mb
Release : 2024-01-11
Category : Law
ISBN : 9781509959501

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Territorial Status in International Law by Jure Vidmar Pdf

This book develops a new theory of territorialism and international legal status of territories. It (i) defines the concept of territory, explaining how territories are created; (ii) redefines the concept of statehood, illustrating that statehood (rather than the statehood criteria) is territorial legal status established in the formal sources of international law; and (iii) grounds non-state territorial entities in the sources of international law to explain their international legal status. This fresh new theoretical perspective has both scholarly and practical importance, providing a tool helping decision-makers and judges in the practical application of international law both internationally and domestically.

Frontiers – Law, Theory and Cases

Author : Dimitri Endrizzi,Jairo Becerra,Eduardo Andrés Perafán Del Campo,Jaime Cubides Cárdenas,Laura Cecilia Gamarra-Amaya
Publisher : Springer Nature
Page : 254 pages
File Size : 47,5 Mb
Release : 2023-03-01
Category : Law
ISBN : 9783031136078

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Frontiers – Law, Theory and Cases by Dimitri Endrizzi,Jairo Becerra,Eduardo Andrés Perafán Del Campo,Jaime Cubides Cárdenas,Laura Cecilia Gamarra-Amaya Pdf

This book focuses on current frontier-related issues such as humanitarian crises, economic crises, discrimination of migrants in certain countries, different typologies of borders such as land, maritime, air, space, and even cyberspace borders, and environmental protection of water resources at borders. It addresses legal and theoretical considerations and presents empirical cases showing the manifestations of the concept in the real world and its dynamics. Without claiming to exhaust the debate on frontiers, especially given the breadth of the subject and the large number of viewpoints from which the phenomenon can be examined, this book intends to be a helpful source of insights for academics, university students, and others who wish to explore the complex and multifaceted worlds that emerge, particularly in a globalized society, from the interaction between the various actors and scenarios that shape the reality of frontiers.

Cultural Heritage as a Legal Hybrid

Author : Alicja Jagielska–Burduk
Publisher : Springer Nature
Page : 347 pages
File Size : 55,5 Mb
Release : 2022-07-19
Category : Law
ISBN : 9783031049460

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Cultural Heritage as a Legal Hybrid by Alicja Jagielska–Burduk Pdf

This book examines cultural heritage law in both its public and private modalities, focusing on the search for new solutions in national legislations. Both tangible and intangible cultural heritage pose challenges for national legislation regarding the legal histories of the respective countries, obligations deriving from international law, and the independence of respective national searches for a tailored protection model. Although the concept of cultural heritage transcends civil law regulation and property rights, it must be considered when attempting to establish any coherent cultural heritage protection system. In national legislation, we can now observe an increased interest in leveraging civil law or private law to strengthen cultural heritage protection systems. This book looks beyond public and private law on cultural heritage in order to address its complex status as a legal hybrid. Further, the book shows how current problems in the international debate are mirrored in national legislation. Poland is used as a practical example, while also referring to other countries’ solutions as well as EU and international law instruments. This approach enables the reader to examine the creation of national legislation at the operational level and provides a template for all national lawyers concerning current challenges and emerging trends. The book’s target audience includes researchers and practitioners in the field of cultural heritage law, as well as public and private law experts. The topics covered can also be helpful for law students, art market actors, and all those interested in the challenges of cultural heritage protection.