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Author : James Summers
Publisher : BRILL
Page : 471 pages
File Size : 53,7 Mb
Release : 2011-08-25
Category : Law
ISBN : 9789047429432
This book brings together leading scholars to consider the legal impact of the precedent set by Kosovo’s 2008 declaration of independence and its consequences for statehood, self-determination and minority rights.
Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 52,5 Mb
Release : 2018
Category : Electronic
ISBN : 8670672499
Author : Marko Milanovic,Michael Wood
Publisher : Oxford University Press, USA
Page : 385 pages
File Size : 40,9 Mb
Release : 2015
Category : Law
ISBN : 9780198717515
The Advisory Opinion of the International Court of Justice on Kosovo, handed down in 2010, was the first instance at which the Court had ruled on an unilateral declaration of independence. It stated that there was no objection to the declaration of independence under international law. It was highly controversial, as the Opinion could be seen to set a precedent for endorsing secession more widely. This book, written by an unparalleled team of experts, investigates the interplay between law and politics that took place over Kosovo's independence, both generally and in the specific context of the Advisory Opinion. It investigates how the International Court of Justice became the battleground over which Kosovo's independence was fought, and how the political arguments in favor of Kosovo's independence changed in the legal setting of the Court. It studies what the Court wanted to achieve, whether it succeeded in those aims, and the contentious reception its Opinion received. The book is structured in five parts, first setting out the historical and political context to the case, focusing on the conflicting narratives of reality within Serbia and Kosovo, of which the ICJ case was only a continuation, and the political arguments for and against Kosovo's independence. Secondly it examines in detail how the case was argued, what were the litigation strategies of the participating states, why some arguments rose to the forefront while others did not. In doing so it will extensively discuss the written and oral pleadings of all the participating states. Thirdly it analyses the Advisory Opinion itself, as well as things that the Court left unsaid with regard to general international law. Fourthly it looks at the consequences that the Opinion has had on the continuing dispute between Serbia and Kosovo, and how it was received in the international legal sphere. Finally, it examines the broader repercussions the Opinion might have on other cases of secession, even if it was probably designed not to have any.
Author : Thomas Kruessmann
Publisher : LIT Verlag Münster
Page : 0 pages
File Size : 50,9 Mb
Release : 2015
Category : Balkan Peninsula
ISBN : 3643905998
This book examines the EU integration experience of southeastern Europe as a tool-box for the European Neighborhood Policy, in particular for the proposed association of Moldova and the countries of the South Caucasus. Although EU accession and EU association are distinctly different concepts, the book defines a number of signature issues and lessons learned from the EU integration of southeastern Europe, and it provide a rich background for the policy choices that Moldova and the countries of the South Caucasus are facing. (Series: Grazer Contributions to the Law of the Countries in Southeast Europe and the European Integration / Grazer Beitrage zum Recht der Lander Sudosteuropas und der Europaischen Integration - Vol. 4) [Subject: European Studies, Politics]
Author : Aidan Hehir
Publisher : Routledge
Page : 224 pages
File Size : 40,9 Mb
Release : 2010-01-21
Category : History
ISBN : 9781135169213
This book examines international engagement with Kosovo since NATO’s intervention in 1999, and looks at the three distinct phases of Kosovo’s development; intervention, statebuilding and independence. Kosovo remains a case study of central importance in international relations, illustrative of key political trends in the post-Cold War era. During each phase, international policy towards Kosovo has challenged prevailing international norms and pushed the boundaries of conventional wisdom. In each of the three phases 'Kosovo' has been cited as constituting a precedent, and this book explores the impact and the often troubling consequences and implications of these precedents. This book explicitly engages with this debate, which transcends Kosovo itself, and provides a critical analysis of the catalysts and consequences of contemporary international engagement with this seminal case study. Each chapter focuses on a particular aspect of the international engagement with Kosovo and situates events there in an international context, highlighting the extent to which international policy towards Kosovo has challenged existing norms and practices. Kosovo has been cited in certain texts as a positive template to be emulated, but the contributors to this book also identify the often controversial and contentious nature of these new norms. This book will be of much interest to students of humanitarian intervention and statebuilding, war and conflict studies, security studies and IR in general. Aidan Hehir is a Senior Lecturer in International Relations at the Department of Politics and International Relations, University of Westminster.
Author : John Dugard
Publisher : BRILL
Page : 310 pages
File Size : 40,8 Mb
Release : 2013-08-07
Category : Law
ISBN : 9789004257498
Also available as an e-book The secession of States is subject to legal regulation. The arguments presented by States in the advisory proceedings on Kosovo confirm that there are rules of international law that determine whether the secession of a State in the post-colonial world is permissible. These rules derive from the competing principles of self-determination and territorial integrity. In deciding whether to recognize a secessionist entity as a State, or to admit it to the United Nations, States must balance these competing principles, with due regard to precedent and State practice. These lectures examine cases in which secession has succeeded (such as Israel and Bangladesh), in which it has failed (such as Biafra and Chechnya) and in which a determination is still to be made (Kosovo, Abkhazia and South Ossetia).
Author : Andrew J. Bacevich,Eliot A. Cohen
Publisher : Columbia University Press
Page : 244 pages
File Size : 47,7 Mb
Release : 2002-01-02
Category : Political Science
ISBN : 9780231500524
More than any other episode since the end of the Cold War, the conflict in Kosovo revealed the distinctive attributes of a new American "way of war." In so doing, Kosovo also brought into sharp focus the military, political, and moral dilemmas confronting a liberal democracy intent on wielding preeminent power on a global scale. What are the moral implications posed by waging high-tech warfare for humanitarian purposes? Does the precedent set by intervention of this type point toward peace and stability or toward more war? How well suited are the United States military and American society as a whole to the security challenges of the age of globalization? According to Bacevich and Cohen, gauging the "success" achieved in Kosovo yields important answers to these and related questions. The volume includes a well-crafted historical overview of the war and six essays that place it in a broader context. The contributors explore the conflict's relationship to U.S. grand strategy, the Revolution in Military Affairs, and American civil-military relations, among other topics. Contributors: William A. Arkin, Andrew J. Bacevich, Eliot A. Cohen, Alberto R. Coll, James Kurth, Anatol Lieven, Michael Vickers
Author : LIT Verlag
Publisher : LIT Verlag
Page : 382 pages
File Size : 42,6 Mb
Release : 2023-10-01
Category : History
ISBN : 9783643965745
This book introduces the main historical, political, and legal facts and arguments regarding the Karabakh region in general and the former Nagorno-Karabakh conflict in particular as a collection of 99 questions. Each chapter is academically substantiated and developed in detail according to local and international sources, documents, and treaties. The contributions are presented with appropriate academic references. Thus, the Book develops questions and answers regarding the Karabakh region and the Nagorno-Karabakh conflict and contains the main documents and treaties mentioned.
Author : Independent International Commission on Kosovo,The@independent international commission on Kosovo,Independent International Commission on
Publisher : Oxford University Press on Demand
Page : 380 pages
File Size : 55,6 Mb
Release : 2000-10-19
Category : History
ISBN : 9780199243099
The war in Kosovo was a turning point: NATO deployed its armed forces in war for the first time, and placed the controversial doctrine of 'humanitarian intervention' squarely in the world's eye. It was an armed intervention for the purpose of implementing Security Council resolutions-but without Security Council authorization.This report tries to answer a number of burning questions, such as why the international community was unable to act earlier and prevent the escalation of the conflict, as well as focusing on the capacity of the United Nations to act as global peacekeeper.The Commission recommends a new status for Kosovo, 'conditional independence', with the goal of lasting peace and security for Kosovo-and for the Balkan region in general. But many of the conslusions may be beneficially applied to conflicts the world-over.
Author : Marko Milanovic,Michael Wood
Publisher : OUP Oxford
Page : 550 pages
File Size : 45,5 Mb
Release : 2015-03-19
Category : Law
ISBN : 9780191027031
This volume is an edited collection of essays on various aspects of the 2010 Kosovo Advisory Opinion of the International Court of Justice. The main theme of the book is the interplay between law and politics regarding Kosovo's independence generally and the advisory opinion specifically. How and why did the Court become the battleground in which Kosovo's independence was to be fought out (or not)? How and why did political arguments in favour of Kosovo's independence (e.g. that Kosovo was a unique, sui generis case which set no precedent for other secessionist territories) change in the formal, legal setting of advisory proceedings before the Court? How and why did states supporting either Kosovo or Serbia choose to frame their arguments? How did the Court perceive them? What did the Court want to achieve, and did it succeed in doing so? And how was the opinion received, and what broader implications did it have so far? These are the questions that the book hopes to shed some light on. To do so, the editors assembled a stellar cast of contributors, many of whom acted as counsel or advisors in the case, as well a number of eminent scholars of politics and international relations whose pieces further enrich the book and give it an interdisciplinary angle. The book thus tells the story of the case, places it within its broader political context, and so attempts to advance our understanding of how such cases are initiated, litigated and decided, and what broader purposes they may or may not serve.
Author : James Summers
Publisher : Martinus Nijhoff Publishers
Page : 671 pages
File Size : 42,8 Mb
Release : 2014-04-09
Category : Law
ISBN : 9789004232969
Peoples and International Law is a detailed survey of the law of self-determination with a focus on the concept of nations and peoples. It engages with different aspects of this law with particular emphasis on the drafting and implementation of international instruments. The second edition includes new coverage of the Declaration on the Rights of Indigenous Peoples and the African and Arab charters. It considers recent practice by the Human Rights Committee, Committee on Economic, Social and Cultural Rights and African Commission on Human and Peoples’ Rights dealing with the emerging political, economic and environmental aspects of the right. The book looks at the interaction of international law, nationalism and liberalism in theories of nationhood and self-determination, as well as, the historical development of the right and the decisions of international bodies. Lastly, it examines practice in this area, including new developments in remedial independence and international territorial administration.
Author : Przemysław Tacik
Publisher : BRILL
Page : 518 pages
File Size : 55,6 Mb
Release : 2023-07-17
Category : Law
ISBN : 9789004680265
The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.
Author : Christian Walter,Antje von Ungern-Sternberg,Kavus Abushov
Publisher : OUP Oxford
Page : 340 pages
File Size : 50,8 Mb
Release : 2014-06-05
Category : Law
ISBN : 9780191006913
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.
Author : Alex Bellamy,Tim Dunne
Publisher : Oxford University Press
Page : 920 pages
File Size : 40,7 Mb
Release : 2016-06-30
Category : Political Science
ISBN : 9780191068362
The Responsibility to Protect (R2P) is intended to provide an effective framework for responding to crimes of genocide, ethnic cleansing, war crimes, and crimes against humanity. It is a response to the many conscious-shocking cases where atrocities - on the worst scale - have occurred even during the post 1945 period when the United Nations was built to save us all from the scourge of genocide. The R2P concept accords to sovereign states and international institutions a responsibility to assist peoples who are at risk - or experiencing - the worst atrocities. R2P maintains that collective action should be taken by members of the United Nations to prevent or halt such gross violations of basic human rights. This Handbook, containing contributions from leading theorists, and practitioners (including former foreign ministers and special advisors), examines the progress that has been made in the last 10 years; it also looks forward to likely developments in the next decade.
Author : Juan Francisco Escudero Espinosa
Publisher : Springer
Page : 204 pages
File Size : 51,9 Mb
Release : 2018-03-24
Category : Law
ISBN : 9783319726229
This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and its subsequent annexation by the Russian Federation in 2014. The work investigates the two cases so as to shed light on the international legal regime affecting entities that are smaller than a sovereign State. It analyzes the relevant principles of international law, the intention being to determine their scope and review them in light of the most recent practice and developments in international law. In turn, the book examines and explains the events of relevance for international law that occurred in the changing situations in Kosovo and Crimea. On the basis of these legal considerations, it explores how the international community can respond when faced with situations that may violate international law, together with the effectiveness of various measures. It also discusses whether certain situations might be legitimate as a concept could now be emerging that secession may be justified in specific circumstances, such as serious and widespread violations of basic human rights.