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Author : Jamie Trinidad
Publisher : Cambridge University Press
Page : 297 pages
File Size : 46,9 Mb
Release : 2018-02-15
Category : Law
ISBN : 9781108418188
Analyzes the role of self-determination and territorial integrity in some of the most difficult decolonization cases.
Author : Rupert Emerson
Publisher : Unknown
Page : 76 pages
File Size : 52,5 Mb
Release : 1964
Category : Decolonization
ISBN : STANFORD:36105120796177
Author : A. Dirk Moses,Marco Duranti,Roland Burke
Publisher : Cambridge University Press
Page : 449 pages
File Size : 51,6 Mb
Release : 2020-07-16
Category : History
ISBN : 9781108479356
Leading scholars demonstrate how colonial subjects, national liberation movements, and empires mobilized human rights language to contest self-determination during decolonization.
Author : Margaret Moore
Publisher : Oxford University Press
Page : 280 pages
File Size : 41,9 Mb
Release : 2015-03-30
Category : Philosophy
ISBN : 9780190222253
Our world is currently divided into territorial states that resist all attempts to change their borders. But what entitles a state, or the people it represents, to assume monopoly control over a particular piece of the Earth's surface? Why are they allowed to prevent others from entering? What if two or more states, or two or more groups of people, claim the same piece of land? Political philosophy, which has had a great deal to say about the relationship between state and citizen, has largely ignored these questions about territory. This book provides answers. It justifies the idea of territory itself in terms of the moral value of political self-determination; it also justifies, within limits, those elements that we normally associate with territorial rights: rights of jurisdiction, rights over resources, right to control borders and so on. The book offers normative guidance over a number of important issues facing us today, all of which involve territory and territorial rights, but which are currently dealt with by ad hoc reasoning: disputes over resources; disputes over boundaries, oceans, unoccupied islands, and the frozen Arctic; disputes rooted in historical injustices with regard to land; secessionist conflicts; and irredentist conflicts. In a world in which there is continued pressure on borders and control over resources, from prospective migrants and from the desperate poor, and no coherent theory of territory to think through these problems, this book offers an original, systematic, and sophisticated theory of why territory matters, who has rights over territory, and the scope and limits of these rights.
Author : Milena Sterio
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 51,6 Mb
Release : 2018-08-31
Category : Law
ISBN : 9781785361227
Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.
Author : Jorge E. Viñuales
Publisher : Cambridge University Press
Page : 630 pages
File Size : 51,5 Mb
Release : 2020-09-30
Category : Law
ISBN : 110848381X
The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.
Author : Anonim
Publisher : BRILL
Page : 500 pages
File Size : 44,8 Mb
Release : 2022-12-28
Category : Law
ISBN : 9789004532069
Volume 39 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (Taiwan) in 2021.
Author : Przemysław Tacik
Publisher : BRILL
Page : 518 pages
File Size : 41,7 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 : Mohammad Shahabuddin
Publisher : Cambridge University Press
Page : 379 pages
File Size : 52,5 Mb
Release : 2021-06-10
Category : Law
ISBN : 9781108483674
A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.
Author : Stephen Allen,Chris Monaghan
Publisher : Springer
Page : 381 pages
File Size : 41,8 Mb
Release : 2018-05-30
Category : Law
ISBN : 9783319785417
This book offers a detailed account of the legal issues concerning the British Indian Ocean Territory (Chagos Islands) by leading experts in the field. It examines the broader significance of the ongoing Bancoult litigation in the UK Courts, the Chagos Islanders' petition to the European Court of Human Rights and Mauritius' successful challenge, under the UN Convention of the Law of the Sea, to the UK government's creation of a Marine Protected Area around the Chagos Archipelago. This book, produced in response to the 50th anniversary of the BIOT's founding, also assesses the impact of the decisions taken in respect of the Territory against a wider background of decolonization while addressing important questions about the lawfulness of maintaining Overseas Territories in the post-colonial era.The chapter ‘Anachronistic As Colonial Remnants May Be...’ - Locating the Rights of the Chagos Islanders As A Case Study of the Operation of Human Rights Law in Colonial Territories is open access under a CC BY 4.0 license via link.springer.com.
Author : Kalana Senaratne
Publisher : Cambridge University Press
Page : 293 pages
File Size : 48,8 Mb
Release : 2021-08-05
Category : Law
ISBN : 9781108484404
A clear and accessible study of the principle of internal self-determination in international law.
Author : Justin Desautels-Stein
Publisher : Oxford University Press
Page : 369 pages
File Size : 51,5 Mb
Release : 2023-03-09
Category : Law
ISBN : 9780198862161
In a world in which racism and xenophobia are endemic, what is the role of international law? To the extent international rules are thought to have any relevance at all, the typical approach characterizes international law as on the side of racial justice. Human rights instruments like the United Nations' International Convention on the Elimination of Racial Discrimination are paradigmatic, offering the world international agreements in which governments are directed to avoid racist behavior and promote antiracist action. In The Right to Exclude, Justin Desautels-Stein goes against the grain and asks whether certain rules of international law might actually produce structures of racial hierarchy, rather than limiting them. The intellectual fulcrum for this production, Desautels-Stein argues, lies in the ideological structures of sovereignty and property, the right to exclude that is shared in those twinned precincts, and the border regimes that result. Applying critical race theory to contemporary problems of migration, nationalism, multiculturalism, decolonization, and self-determination, Desautels-Stein expounds a theory of "postracial xenophobia", a structure of racial ideology that justifies and legitimates a pragmatic account of racialized foreignness, a racial xenos.
Author : Galina Vasilevna Starovotova
Publisher : Unknown
Page : 60 pages
File Size : 41,5 Mb
Release : 1997
Category : Conflict management
ISBN : IND:30000050449705
Author : Thomas Burri,Jamie Trinidad
Publisher : Cambridge University Press
Page : 331 pages
File Size : 55,7 Mb
Release : 2021-03-04
Category : Law
ISBN : 9781108841276
Reflections on the ICJ's Chagos Advisory Opinion and its broader context: British colonialism, US military interests, and human rights violations.
Author : Jure Vidmar,Sarah McGibbon,Lea Raible
Publisher : Edward Elgar Publishing
Page : 411 pages
File Size : 45,6 Mb
Release : 2022-12-13
Category : Law
ISBN : 9781788971751
Combining both theoretical and practical insights, the Research Handbook on Secession addresses a wide range of legal issues and concepts surrounding secessions. It considers both well-known examples such as Kosovo and Bangladesh alongside less frequently discussed cases including Somaliland and Palestine. The Research Handbook offers state-of-the-art analysis of international law on – among other topics – statehood, secession, self-determination, as well as comparative constitutional perspectives.
