Contested Territories And International Law

Author : Kamal Makili-Aliyev
Publisher : Routledge
Page : 142 pages
File Size : 40,9 Mb
Release : 2019-10-14
Category : Law
ISBN : 9781000749953

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Contested Territories and International Law by Kamal Makili-Aliyev Pdf

This book considers the possibilities for resolution of the Nagorno-Karabakh Conflict in the context of comparative international law. The armed conflict between Armenia and Azerbaijan over the territory of the Nagorno-Karabakh has been on the peace and security agenda since the dissolution of the Soviet Union. This volume draws parallels with a similar situation between Sweden and Finland over sovereignty of the Aland Islands in the early 20th century. Resolved in 1921, it is argued that this represents a model autonomy solution for territorial conflicts that include questions of territorial integrity, self-determination and minority rights. The book compares both conflict situations from the international law perspective, finding both commonalities and dissimilarities. It advances the application of the solution found in the Aland Islands precedent as a model for the resolution of the Nagorno-Karabakh Conflict, and provides appropriate recommendations for its implementation. The book will be of interest to academics, researchers and policymakers in the areas of international law and security, conflict resolution and international relations.

Author : Marcelo G. Kohen,Mamadou Hébié
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 42,8 Mb
Release : 2018-10-26
Category : Law
ISBN : 9781782546870

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Research Handbook on Territorial Disputes in International Law by Marcelo G. Kohen,Mamadou Hébié Pdf

Territorial disputes remain a significant source of tension in international relations, representing an important share of interstate cases brought before international tribunals and courts. Analysing the international law applicable to the assessment of territorial claims and the settlement of related disputes, this Research Handbook provides a systematic exposition and in-depth discussions of the relevant key concepts, principles, rules, and techniques. Combining extensive knowledge from across international law, Marcelo Kohen and Mamadou Hébié expertly unite a multinational group of contributors to provide a go-to resource for the settlement of territorial disputes. The different chapters discuss the process through which states establish sovereignty over a territory, and review the different titles of territorial sovereignty, the relation between titles and effectivités, as well as the relevance of state conduct. Select chapters focus on the impact of foundational principles of international law such as the principle of territorial integrity, the right of self-determination and the prohibition of the threat or use of force, on territorial disputes. Finally, technical rules that are crucial for the assessment of territorial claims, especially the techniques of intertemporal law and critical date, as well as evidentiary rules, are presented. An essential resource for practitioners, international law academics and public officials including judges and arbitrators, this Research Handbook is a highly original collection of scholarship and research on territorial disputes and their settlement.

Author : Simon McKenzie
Publisher : Routledge
Page : 237 pages
File Size : 42,6 Mb
Release : 2019-11-08
Category : Law
ISBN : 9781000758054

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Disputed Territories and International Criminal Law by Simon McKenzie Pdf

It has been over 50 years since the beginning of the Israeli occupation of the Palestinian Territories. It is estimated that there are over 600,000 Israeli settlers living in the West Bank and East Jerusalem, and they are supported, protected, and maintained by the Israeli state. This book discusses whether international criminal law could apply to those responsible for allowing and promoting this growth, and examines what this application would reveal about the operation of international criminal law. It provides a comprehensive analysis of how the Rome Statute of the International Criminal Court could apply to the settlements in the West Bank through a close examination of the potential operation of two relevant Statute crimes: first, the war crime of transfer of population; and second, the war crime of unlawful appropriation of property. It also addresses the threshold question of whether the law of occupation applies to the West Bank, and how the principles of individual criminal responsibility might operate in this context. It explores the relevance and coherence of the legal arguments relied on by Israel in defence of the legality of the settlements and considers how these arguments might apply in the context of the Rome Statute. The work also has wider aims, raising questions about the Rome Statute’s capacity to meet its aim of establishing a coherent and legally effective system of international criminal justice.

Author : Enrico Milano
Publisher : BRILL
Page : 348 pages
File Size : 46,6 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.

Author : Surya Prakash Sharma
Publisher : Martinus Nijhoff Publishers
Page : 378 pages
File Size : 40,8 Mb
Release : 1997-02-05
Category : Law
ISBN : 9041103627

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Territorial Acquisition, Disputes, and International Law by Surya Prakash Sharma Pdf

This book analyzes the traditional criteria of territorial acquisition and demonstrates their inadequacies in the modern context. It also addresses contemporary territorial doctrines and conflicts. It regards territorial acquisition as a comprehensive process involving various considerations leading to the establishment or transfer of exclusive control over territory. This approach has many advantages and adds to the development of the law of territorial acquisition. The author also provides an analysis of the claims and counter-claims in major contemporary territorial disputes and suggests appropriate legal perspectives bearing upon decision-making in regard to them. This book will be highly useful to students, academics and practitioners in the field of international law, as well as all governments and institutions dealing with territorial matters.

Author : Antoine Duval,Eva Kassoti
Publisher : Routledge
Page : 219 pages
File Size : 49,8 Mb
Release : 2020-06-09
Category : Law
ISBN : 9781000088731

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The Legality of Economic Activities in Occupied Territories by Antoine Duval,Eva Kassoti Pdf

This edited volume explores the question of the lawfulness under international law of economic activities in occupied territories from the perspectives of international law, EU law, and business and human rights. Providing a multi-level overview of relevant practices, policies and cases, the book is divided in three parts, each dealing with how different legal fields have come to grips with the challenges brought about by the question of the lawfulness under international law of economic activities in occupied territories. The first part includes contributions pertaining to the international law dimension of the question. It contains chapters on the conjunction between jus in bello, jus ad bellum and international human rights law in the context of exploitation of natural resources in territories under belligerent occupation; on third party obligations flowing from the application of occupation law in relation to natural resources exploitation; and on State practice with regards to trading with occupied territories. The second part focuses on EU law and contains contributions that assess the EU’s approach to occupied territories and the extent to which this approach comports with the EU’s obligations under international law; contributions providing an in-depth assessment of the case-law of the CJEU on occupied territories; as well as contributions pertaining to the political considerations that may influence the legal framing of questions pertaining to occupied territories. The final part focuses on the business and human rights perspective, with chapters on investment arbitration as a means for holding the occupant accountable for its conduct towards foreign investments and investors; on the role and impact of the soft law framework governing corporate activity (such as the UN Guiding Principles) on business involvement with occupied territories; as well as a final case study on the dispute involving Israeli football activity in settlements located in the OPT and the legal responsibility of FIFA in this regard. The book will appeal to academics, practitioners and policy-makers alike.

Author : Norman Llewellyn Hill
Publisher : London ; New York : Oxford University Press
Page : 264 pages
File Size : 55,8 Mb
Release : 1945
Category : Boundaries
ISBN : UOM:39015012073741

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Claims to Territory in International Law and Relations by Norman Llewellyn Hill Pdf

Author : Surya P. Sharma
Publisher : BRILL
Page : 374 pages
File Size : 54,9 Mb
Release : 2024-01-15
Category : Law
ISBN : 9789004635197

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Territorial Acquisition, Disputes and International Law by Surya P. Sharma Pdf

This book analyzes the traditional criteria of territorial acquisition and demonstrates their inadequacies in the modern context. It also addresses contemporary territorial doctrines and conflicts. It regards territorial acquisition as a comprehensive process involving various considerations leading to the establishment or transfer of exclusive control over territory. This approach has many advantages and adds to the development of the law of territorial acquisition. The author also provides an analysis of the claims and counter-claims in major contemporary territorial disputes and suggests appropriate legal perspectives bearing upon decision-making in regard to them. This book will be highly useful to students, academics and practitioners in the field of international law, as well as all governments and institutions dealing with territorial matters.

Author : Jorge E. Núñez
Publisher : Routledge
Page : 0 pages
File Size : 52,9 Mb
Release : 2023
Category : Electronic
ISBN : 0367515296

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Territorial Disputes and State Sovereignty by Jorge E. Núñez Pdf

Adopting a multi-disciplinary approach, this book opens new ground for research on territorial disputes. Many sovereignty conflicts remain unresolved around the world. Current solutions in law, political science and international relations generally prove problematic to at least one of the agents part of these differences. Arguing that disputes are complex, multi-layered and multi-faceted, this book brings together a global, inter-disciplinary view of territorial disputes. The book reviews the key conceptual elements central to legal and political sciences with regards to territorial disputes: state, sovereignty and self-determination. Looking at some of the current long-standing disputes worldwide, it compares and contrasts the many issues at stake and the potential remedies currently available in order to assess why some territorial disputes remain unresolved. Finally, it offers a set of guidelines for dispute settlement and conflict resolution that current remedies fail to provide. It will appeal to students and scholars working in international relations, legal theory and jurisprudence, public international law and political sciences.

Author : Oded Haklai,Neophytos Loizides
Publisher : Stanford University Press
Page : 256 pages
File Size : 47,8 Mb
Release : 2015-10-14
Category : Political Science
ISBN : 9780804796521

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Settlers in Contested Lands by Oded Haklai,Neophytos Loizides Pdf

Settlers feature in many protracted territorial disputes and ethnic conflicts around the world. Explaining the dynamics of the politics of settlers in contested territories in several contemporary cases, this book illuminates how settler-related conflicts emerge, evolve, and are significantly more difficult to resolve than other disputes. Written by country experts, chapters consider Israel and the West Bank, Arab settlers in Kirkuk, Moroccan settlers in Western Sahara, settlers from Fascist Italy in North Africa, Turkish settlers in Cyprus, Indonesian settlers in East Timor, and Sinhalese settlers in Sri Lanka. Addressing four common topics—right-sizing the state, mobilization and violence, the framing process, and legal principles versus pragmatism—the cases taken together raise interrelated questions about the role of settlers in conflicts in contested territory. Then looking beyond the similar characteristics, these cases also illuminate key differences in levels of settler mobilization and the impact these differences can have on peace processes to help explain different outcomes of settler-related conflicts. Finally, cases investigate the causes of settler mobilization and identify relevant conflict resolution mechanisms.

Author : Tobias Ackermann,Sebastian Wuschka
Publisher : BRILL
Page : 537 pages
File Size : 54,9 Mb
Release : 2020-12-15
Category : Law
ISBN : 9789004442832

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Investments in Conflict Zones by Tobias Ackermann,Sebastian Wuschka Pdf

In Investments in Conflict Zones, a selected group of experts explores how armed conflicts, territorial disputes, and ‘frozen’ conflicts impact the application and interpretation of international investment law and how investment protection can be reconciled with such politically charged circumstances.

Author : Tobias Ackermann,Sebastian Wuschka
Publisher : Nijhoff International Investme
Page : 491 pages
File Size : 47,5 Mb
Release : 2020-12-17
Category : Business & Economics
ISBN : 9004442804

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Investments in Conflict Zones by Tobias Ackermann,Sebastian Wuschka Pdf

Investments in Conflict Zones' addresses the topical and underexplored role of international investment law in armed conflicts, disputed territories, and 'frozen' conflicts. The edited collection explores how these different conflict situations impact the application and interpretation of international investment law and how the protection of investors can be reconciled with the politically charged circumstances and state interests involved. Written by a selected group of experts from different fields of international law, the volume moves beyond the confines of investment law, offering novel insights on its intersection with the law of armed conflict, human rights law, the law of the sea, general international law and national laws, including those adopted by de facto regimes which lack recognition as states.

Author : Corsin Bisaz
Publisher : Martinus Nijhoff Publishers
Page : 257 pages
File Size : 46,6 Mb
Release : 2012-08-28
Category : Law
ISBN : 9789004228719

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The Concept of Group Rights in International Law by Corsin Bisaz Pdf

The Concept of Group Rights in International Law offers a critical appraisal of the concept of group rights in international law on the basis of an extensive survey of existing group rights in contemporary international law. Among some of its findings is the observation that an ideological way of arguing about this legal category is widespread among scholars as well as practitioners; it sees this ideological framing as one of the main reasons why international law has so far been very reluctant to provide group rights and to call them by their name. Accordingly, the book re-evaluates the concept based on the experience with existing group rights in international law and pleads for a more pragmatic approach. Despite limitations with the concept, the overall thesis is that there is a role for group rights as a pragmatic tool allowing for a principled approach to substate groups through international law. Such an approach could turn group rights into an arguably minor, but nevertheless, highly relevant legal category of international law.

Author : Thomas Joseph Lawrence
Publisher : Cambridge : Deighton, Bell and Company
Page : 354 pages
File Size : 43,9 Mb
Release : 1885
Category : International law
ISBN : UOM:39015012355569

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Essays on Some Disputed Questions in Modern International Law by Thomas Joseph Lawrence Pdf

Author : Jorge E. Núñez
Publisher : Routledge
Page : 161 pages
File Size : 52,5 Mb
Release : 2020-05-11
Category : Juvenile Nonfiction
ISBN : 9781000082364

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Territorial Disputes and State Sovereignty by Jorge E. Núñez Pdf

Adopting a multi-disciplinary approach, this book opens new ground for research on territorial disputes. Many sovereignty conflicts remain unresolved around the world. Current solutions in law, political science and international relations generally prove problematic to at least one of the agents part of these differences. Arguing that disputes are complex, multi-layered and multi-faceted, this book brings together a global, inter-disciplinary view of territorial disputes. The book reviews the key conceptual elements central to legal and political sciences with regards to territorial disputes: state, sovereignty and self-determination. Looking at some of the current long-standing disputes worldwide, it compares and contrasts the many issues at stake and the potential remedies currently available in order to assess why some territorial disputes remain unresolved. Finally, it offers a set of guidelines for dispute settlement and conflict resolution that current remedies fail to provide. It will appeal to students and scholars working in international relations, legal theory and jurisprudence, public international law and political sciences.