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Author : Christine Chinkin,Freya Baetens
Publisher : Cambridge University Press
Page : 529 pages
File Size : 52,7 Mb
Release : 2015-02-12
Category : Law
ISBN : 9781107044258
A timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states.
Author : C. M. Chinkin,Freya Baetens
Publisher : Unknown
Page : 128 pages
File Size : 48,9 Mb
Release : 2015
Category : LAW
ISBN : 1316218244
"This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of States), statehood (what it means to be a State, and the process of acquiring or losing statehood) and State responsibility (the legal component of what being a State entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: States. It includes reflections on the interactions between States and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood"--
Author : Linda Hamid,Jan Wouters
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 49,5 Mb
Release : 2021-01-29
Category : Law
ISBN : 9781788979047
This thought-provoking book addresses the legal questions raised by areas of limited statehood, in which the State lacks the ability to exercise the full depth of its governmental authority. Featuring original contributions written by renowned international scholars, chapters investigate key issues arising at the junction between both domestic and international rule of law and areas of limited statehood, as well as the alternative modes of governance that develop therein.
Author : Rowan Nicholson
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 50,5 Mb
Release : 2019-09
Category : Law
ISBN : 9780198851219
If the term were given its literal meaning, international law would be law between 'nations'. It is often described instead as being primarily between states. But this conceals the diversity of the nations or state-like entities that have personality in international law or that have had it historically. This book reconceptualizes statehood by positioning it within that wider family of state-like entities. In this monograph, Rowan Nicholson contends that states themselves have diverse legal underpinnings. Practice in cases such as Somalia and broader principles indicate that international law provides not one but two alternative methods of qualifying as a state. Subject to exceptions connected with territorial integrity and peremptory norms, an entity can be a state either on the ground that it meets criteria of effectiveness or on the ground that it is recognized by all other states. Nicholson also argues that states, in the strict legal sense in which the word is used today, have never been the only state-like entities with personality in international law. Others from the past and present include imperial China in the period when it was unreceptive to Western norms; precolonial African chiefdoms; 'states-in-context', an example of which may be Palestine, which have the attributes of statehood relative to states that recognize them; and entities such as Hong Kong.
Author : James Crawford,Martti Koskenniemi,Surabhi Ranganathan
Publisher : Cambridge University Press
Page : 485 pages
File Size : 40,7 Mb
Release : 2012-01-26
Category : Law
ISBN : 9780521190886
A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.
Author : James R. Crawford
Publisher : Oxford University Press
Page : 128 pages
File Size : 44,9 Mb
Release : 2007-03-15
Category : Law
ISBN : 9780191511950
Statehood in the early 21st century remains as much a central problem as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.
Author : Christine Chinkin,Mary Kaldor
Publisher : Cambridge University Press
Page : 611 pages
File Size : 47,5 Mb
Release : 2017-04-27
Category : History
ISBN : 9781107171213
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author : Robert Schuett
Publisher : Edinburgh University Press
Page : 256 pages
File Size : 44,8 Mb
Release : 2015-01-22
Category : International relations
ISBN : 9780748693634
This volume ... systematically considers the nature of the state, the concept of sovereignty and the challenges globalisation and cosmopolitanism.--Provided by publisher.
Author : James R. Crawford
Publisher : OUP Oxford
Page : 944 pages
File Size : 43,5 Mb
Release : 2006-02-23
Category : Law
ISBN : 9780191511981
Statehood in the early 21st century remains as much a central problem as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.
Author : Kevin Harrison,Tony Boyd
Publisher : Manchester University Press
Page : 372 pages
File Size : 53,7 Mb
Release : 2003-12-05
Category : History
ISBN : 0719061512
Underpinned by the work of major thinkers such as Marx, Locke, Weber, Hobbes and Foucault, the first half of the book looks at political concepts including: the state and sovereignty; the nation; democracy; representation and legitimacy; freedom; equiality and rights; obligation; and citizenship. There is also a specific chapter which addresses the role of ideology in the shaping of politics and society. The second half of the book addresses traditional theoretical subjects such as socialism, Marxism and nationalism, before moving on to more contemporary movements such as environmentalism, ecologism and feminism.
Author : Alan James
Publisher : Taylor & Francis
Page : 288 pages
File Size : 42,6 Mb
Release : 1986-01-01
Category : Souveraineté
ISBN : 0043201911
Author : Luke Glanville
Publisher : University of Chicago Press
Page : 305 pages
File Size : 47,7 Mb
Release : 2013-12-20
Category : Political Science
ISBN : 9780226077086
In 2011, the United Nations Security Council adopted Resolution 1973, authorizing its member states to take measures to protect Libyan civilians from Muammar Gadhafi’s forces. In invoking the “responsibility to protect,” the resolution draws on the principle that sovereign states are responsible and accountable to the international community for the protection of their populations and that the international community can act to protect populations when national authorities fail to do so. The idea that sovereignty includes the responsibility to protect is often seen as a departure from the classic definition, but it actually has deep historical roots. In Sovereignty and the Responsibility to Protect, Luke Glanville argues that this responsibility extends back to the sixteenth and seventeenth centuries, and that states have since been accountable for this responsibility to God, the people, and the international community. Over time, the right to national self-governance came to take priority over the protection of individual liberties, but the noninterventionist understanding of sovereignty was only firmly established in the twentieth century, and it remained for only a few decades before it was challenged by renewed claims that sovereigns are responsible for protection. Glanville traces the relationship between sovereignty and responsibility from the early modern period to the present day, and offers a new history with profound implications for the present.
Author : Michael B. Gerrard,Gregory E. Wannier
Publisher : Cambridge University Press
Page : 661 pages
File Size : 52,8 Mb
Release : 2013-01-21
Category : Business & Economics
ISBN : 9781107025769
This book addresses legal issues of rising seas endangering the habitability and existence of island nations in the Pacific and Indian oceans.
Author : International Commission on Intervention and State Sovereignty,International Development Research Centre (Canada)
Publisher : IDRC
Page : 432 pages
File Size : 40,5 Mb
Release : 2001
Category : Law
ISBN : 0889369631
Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty
Author : Morten Bergsmo,LING Yan
Publisher : Torkel Opsahl Academic EPublisher
Page : 300 pages
File Size : 52,7 Mb
Release : 2012-11-19
Category : Law
ISBN : 9788293081357
'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.