Self Determination Statehood And The Law Of Negotiation

Author : Robert P. Barnidge, Jr.
Publisher : Bloomsbury Publishing
Page : 264 pages
File Size : 47,8 Mb
Release : 2016-01-28
Category : Law
ISBN : 9781509902408

Get Book

Self-Determination, Statehood, and the Law of Negotiation by Robert P. Barnidge, Jr. Pdf

From the Madrid Invitation in 1991 to the introduction of the Oslo process in 1993 to the present, a negotiated settlement has remained the dominant leitmotiv of peacemaking between Israel and the Palestinian people. That the parties have chosen negotiations means that either side's failure to comply with its obligation to negotiate can result in an internationally wrongful act and, in response, countermeasures and other responses. This monograph seeks to advance our understanding of the international law of negotiation and use this as a framework for assessing the Israeli–Palestinian dispute, with the Palestinian people's unsuccessful attempt to join the United Nations as a Member State in autumn 2011 and the successful attempt to join the same institution as a non-Member Observer State in November 2012 providing a case study for this. The legal consequences of these applications are not merely of historical interest; they inform the present rights and obligations of Israel and the Palestinian people. This work fills a significant gap in the existing international law scholarship on the Israeli–Palestinian dispute, which neither engages with this means of dispute settlement generally nor does so specifically within the context of the Palestinian people's engagements with international institutions. 'Based on primary research, this book explores materials that were not analyzed before. It treats a highly political issue with scientific objectivity that strikes a balance between various points of view. The book will be an essential reading to all those involved in peace studies, international negotiations and Israeli-Palestinian conflict'. Mutaz M Qafisheh, Associate Professor of International Law, Hebron University. 'A compelling and innovative account of the legal aspects of the Palestinian-Israeli conflict: a must read.' Efraim Karsh, King's College London and Bar-Ilan University, author of Palestine Betrayed. 'A superbly imagined and executed study on Palestine that puts the 'negotiation imperative' at the heart of its narrative, fully interrogating the involvement of public international law at each step of the long and layered history that is vigorously brought to life in these pages. A study that also promises texture, nuance, and depth to the legal analysis it offers-and it delivers handsomely on each of these fronts.' -Dino Kritsiotis, Chair of Public International Law & Head of the International Humanitarian Law Unit, University of Nottingham.

Author : Hurst Hannum,Eileen Babbitt
Publisher : Lexington Books
Page : 180 pages
File Size : 44,6 Mb
Release : 2006
Category : Language Arts & Disciplines
ISBN : 0739114336

Get Book

Negotiating Self-determination by Hurst Hannum,Eileen Babbitt Pdf

Living in the age of American 'hyperpower' the relevance of both international law and conflict resolution have been called into question. Hannum and Babbitt, highly respected practitioners in these respective fields, have collected a series of experts to examine the relationship between these two disciplines. Focusing on self-determination, a particularly thorny issue of international law, Negotiating Self-Determination takes an in-depth look at what an understanding of conflict analysis can bring to this field and the impact that international legal norms could potentially have on the work of conflict resolvers in self-determination conflicts. Allen Buchanan's philosophical writings consider the goals of secessionists, Erin Jenne uses quantitative analysis to explain the conditions under which secessionist movements come into existence, and Anke Hoeffler and Paul Collier study the economic basis for secessionist movements. This well-researched volume looks beyond the international law and policy fields of the editors to philosophy, anthropology, political science, and economy to assist in gaining a more complete understanding of self-determination and conflict prevention.

Author : Przemysław Tacik
Publisher : BRILL
Page : 518 pages
File Size : 54,6 Mb
Release : 2023-07-17
Category : Law
ISBN : 9789004680265

Get Book

Deconstructing Self-Determination in International Law by Przemysław Tacik Pdf

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 : Duncan French
Publisher : Cambridge University Press
Page : 585 pages
File Size : 44,6 Mb
Release : 2013-02-21
Category : Law
ISBN : 9781107029330

Get Book

Statehood and Self-Determination by Duncan French Pdf

This detailed and timely examination of fundamental issues of statehood and recognition, self-determination and the rights of indigenous peoples includes analysis of some of the most controversial examples of disputed territorial status, including Kosovo and the Palestinian Authority.

Author : Malcolm N. Shaw
Publisher : Cambridge University Press
Page : 1123 pages
File Size : 44,9 Mb
Release : 2017-09-14
Category : Law
ISBN : 9781107188471

Get Book

International Law by Malcolm N. Shaw Pdf

The definitive and authoritative international law text, updated to reflect key case law, international practice and treaty developments.

Author : Gëzim Visoka,John Doyle,Edward Newman
Publisher : Routledge
Page : 598 pages
File Size : 44,6 Mb
Release : 2019-09-12
Category : History
ISBN : 9781351131735

Get Book

Routledge Handbook of State Recognition by Gëzim Visoka,John Doyle,Edward Newman Pdf

This new handbook provides a comprehensive and multidisciplinary overview of the theoretical and empirical aspects of state recognition in international politics. Although the recognition of states plays a central role in shaping global politics, it remains an under-researched and widely dispersed subject. Coherently and innovatively structured, the handbook brings together a group of international scholars who examine the most important theoretical and comparative perspectives on state recognition, including debates about pathways to secession and self-determination, the broad range of actors and strategies that shape the recognition of states and a significant number of contemporary case studies. The handbook is organised into four key sections: Theoretical and normative perspectives Pathways to independent statehood Actors, forms and the process of state recognition Case studies of contemporary state recognition This handbook will be of great interest to students of foreign policy, international relations, international law, comparative politics and area studies. Chapter 19 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Author : Alvin H. Rosenfeld
Publisher : Indiana University Press
Page : 280 pages
File Size : 40,9 Mb
Release : 2019-01-09
Category : Social Science
ISBN : 9780253038746

Get Book

Anti-Zionism and Antisemitism by Alvin H. Rosenfeld Pdf

Seventeen essays by scholars examining the links between anti-Semitism and attitudes toward Israel in the current political climate. How and why have anti-Zionism and antisemitism become so radical and widespread? This timely and important volume argues convincingly that today’s inflamed rhetoric exceeds the boundaries of legitimate criticism of the policies and actions of the state of Israel and conflates anti-Zionism with antisemitism. The contributors give the dynamics of this process full theoretical, political, legal, and educational treatment and demonstrate how these forces operate in formal and informal political spheres as well as domestic and transnational spaces. They offer significant historical and global perspectives of the problem, including how Holocaust memory and meaning have been reconfigured and how a singular and distinct project of delegitimization of the Jewish state and its people has solidified. This intensive but extraordinarily rich contribution to the study of antisemitism stands out for its comprehensive overview of an issue that is both historical and strikingly timely.

Author : International Court of Justice
Publisher : Unknown
Page : 345 pages
File Size : 42,9 Mb
Release : 2022
Category : Electronic
ISBN : 9789210012584

Get Book

Bibliography of the International Court of Justice by International Court of Justice Pdf

This publication contains bibliographical details of works concerning or making reference to the International Court of Justice that were published between 2014 to 2016 and received by the Registry of the Court.

Author : Marcelo G. Kohen
Publisher : Cambridge University Press
Page : 560 pages
File Size : 51,6 Mb
Release : 2006-03-21
Category : Law
ISBN : 0521849284

Get Book

Secession by Marcelo G. Kohen Pdf

This book is a comprehensive study of secession from an international law perspective.

Author : Waart
Publisher : BRILL
Page : 288 pages
File Size : 43,7 Mb
Release : 2021-10-11
Category : Social Science
ISBN : 9789004491236

Get Book

Dynamics of Self-Determination in Palestine by Waart Pdf

The Arab-Israeli conflict has become an example of total disregard for international law by all parties involved, including the United Nations, to the detriment of a regional and global lasting peace. The conflict has contributed considerably to the erosion of the moral and legal authority of the United Nations, while the international community has failed to take prompt advantage of the East-West detente. Peoples with statehood — the Iraqis, Somalis, Yugoslavs — and even more those without — the Palestinians — paid a high price for the international lack of decisiveness. Dynamics of Self-Determination in Palestine discusses the Palestinian conflict in the light of the protection of peoples under international law. Chapter One treats the fact that the Arab states and the Palestinians have overlooked the element of negotiation in the keeping of international order, Chapter Two discusses the International Bill of Rights, in which the UN included self-determination in order to protect peoples against oppression, while Chapter Three expounds on the fact that, in doing so, it shaped the framework for the settlement of conflicting territorial claims to Palestine. The final chapter sets forth the desired UN participation in the creation of Palestine.

Author : Robert McCorquodale
Publisher : Ashgate Publishing
Page : 664 pages
File Size : 45,5 Mb
Release : 2000
Category : Law
ISBN : STANFORD:36105028480445

Get Book

Self-determination in International Law by Robert McCorquodale Pdf

The right of self-determination affects many areas of international law, from sovereignty over territory and human rights to decisions on the recognition of new States and the succession of States to treaties. It also has an impact on many approaches to understanding the nature of international law and international society. This volume sets out some of the methods by which authors have dealt with the right of self-determination and provides illustrations of the applications of the right to a variety of situations.

Author : Christine Bell
Publisher : OUP Oxford
Page : 410 pages
File Size : 50,5 Mb
Release : 2008-09-25
Category : Law
ISBN : 9780191551604

Get Book

On the Law of Peace by Christine Bell Pdf

This book provides a comprehensive analysis of the use of peace agreements from a legal perspective. It describes and evaluates the development of contemporary peace processes and the peace agreements that emerge. The book sets out what is in essence an anatomy of peace agreement practice and interrogates its relationship to law. At its heart the book grapples with the role of law in ending violent conflict and the broader questions this raises for the relationship of law to social change. Law potentially plays two key roles with respect to peace agreements: first, to the extent that peace agreements themselves form legal documents, law plays a role in the 'enforcement' or implementation of the peace agreement; second, international law has a relationship to peace agreement negotiation and content, in its regulatory guise. International Law regulates self-determination, transitional justice, and the role of third parties. The book documants and analyses these two roles of law. In doing so, the book reveals a complex dynamic relationship between the peace agreement as a legal document and the role of international law in which international law and concepts of domestic constitutionalism are being re-shaped. The practice of negotiating peace agreements is argued to be producing a new law of the peacemaker-or lex pacificatoria that connects developments in international law with new forms of domestic constitutional law in a set of hybrid relationships. This law of the peacemaker potentially forms part of a broader 'law of peace' that moves beyond the traditional concept of law of peace as merely 'the rest of international law' once the laws of war are subtracted. The new lex pacificatoria stands as an account of the way in which international law shapes and is shaped by peace agreements. The book proposes an ambivalent response to 'this new law' which connects to contemporary debates about the force of international law and its appropriate relationship with domestic constitutonalism.

Author : Fozia Nazir Lone
Publisher : BRILL
Page : 500 pages
File Size : 52,8 Mb
Release : 2018-05-17
Category : Law
ISBN : 9789004359994

Get Book

Historical Title, Self-Determination and the Kashmir Question by Fozia Nazir Lone Pdf

In Historical Title, Self-Determination and the Kashmir Question, Lone offers a fresh framework, while recognising signs of spreading terrorism in the region, to understand the rights of the Kashmiri people and how they could be addressed by the international community.

Author : Antoni Abat i Ninet
Publisher : Taylor & Francis
Page : 283 pages
File Size : 53,8 Mb
Release : 2023-07-31
Category : Law
ISBN : 9781000919318

Get Book

Constitutional Law and Politics of Secession by Antoni Abat i Ninet Pdf

This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.

Author : Galina Vasilevna Starovotova
Publisher : Unknown
Page : 60 pages
File Size : 51,7 Mb
Release : 1997
Category : Conflict management
ISBN : IND:30000050449705

Get Book

Sovereignty After Empire by Galina Vasilevna Starovotova Pdf