The Establishment Of Territorial Sovereignity

The Establishment Of Territorial Sovereignity Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of The Establishment Of Territorial Sovereignity book. This book definitely worth reading, it is an incredibly well-written.

Territorial Sovereignty

Author : Anna Stilz
Publisher : Oxford University Press, USA
Page : 303 pages
File Size : 42,9 Mb
Release : 2019-08-29
Category : Philosophy
ISBN : 9780198833536

Get Book

Territorial Sovereignty by Anna Stilz Pdf

Territorial Sovereignty: A Philosophical Exploration offers a qualified defense of a territorial states-system. It argues that three core values-occupancy, basic justice, and collective self-determination-are served by an international system made up of self-governing, spatially defined political units. The defense is qualified because the book does not actually justify all the sovereignty rights states currently claim, and that are recognized in international law. Instead, the book proposes important changes to states' sovereign prerogatives, particularly with respect to internal autonomy for political minorities, immigration, and natural resources. Part I of the book argues for a right of occupancy, holding that a legitimate function of the international system is to specify and protect people's preinstitutional claims to specific geographical places. Part II turns to the question of how a state might acquire legitimate jurisdiction over a population of occupants. It argues that the state will have a right to rule a population and its territory if it satisfies conditions of basic justice and also facilitates its people's collective self-determination. Finally, Parts III and IV of this book argue that the exclusionary sovereignty rights to control over borders and natural resources that can plausibly be justified on the basis of the three core values are more limited than has traditionally been thought. Oxford Political Theory presents the best new work in contemporary political theory. It is intended to be broad in scope, including original contributions to political philosophy, and also work in applied political theory. The series will contain works of outstanding quality with no restriction as to approach or subject matter. Series Editors: Will Kymlicka and David Miller.

Territorial Integrity in a Globalizing World

Author : Abdelhamid El Ouali
Publisher : Springer Science & Business Media
Page : 407 pages
File Size : 43,5 Mb
Release : 2012-03-26
Category : Law
ISBN : 9783642228698

Get Book

Territorial Integrity in a Globalizing World by Abdelhamid El Ouali Pdf

This book offers a comprehensive, highly informative and interdisciplinary study on territorial integrity and the challenges globalization, self-determination and external interventions present. This study aims at not only to fill an epistemological gap in this regard, but also answer the question of whether International Law is adequately equipped to help states address these challenges. The author argues that the biggest threat that many states are confronted with today is their disintegration rather than their obsolescence, and that International Law has not often been able to prevent that eventuality. In fact, states, when they were not destroyed by war, managed to survive, thanks to the flexibility of territoriality, i.e. their ability to adjust to difficult situations as they arose. It is this understanding of adaptation that urges an increasing number of states today to revive territorial autonomy and restore an original understanding of self-determination in which democracy is a pivotal factor in establishing congruence between the states and their nations. While this move is endorsed by International Law, it is not the case for globalization; for their own sake, proponents of globalization should recognize that the states are irreplaceable as long as they remain the sole providers of protection for their peoples.

Territorial Sovereignty

Author : Anna Stilz
Publisher : Oxford University Press
Page : 304 pages
File Size : 50,5 Mb
Release : 2019-08-29
Category : Political Science
ISBN : 9780192570079

Get Book

Territorial Sovereignty by Anna Stilz Pdf

Territorial Sovereignty: A Philosophical Exploration offers a qualified defense of a territorial states-system. It argues that three core values-occupancy, basic justice, and collective self-determination-are served by an international system made up of self-governing, spatially defined political units. The defense is qualified because the book does not actually justify all the sovereignty rights states currently claim, and that are recognized in international law. Instead, the book proposes important changes to states' sovereign prerogatives, particularly with respect to internal autonomy for political minorities, immigration, and natural resources. Part I of the book argues for a right of occupancy, holding that a legitimate function of the international system is to specify and protect people's preinstitutional claims to specific geographical places. Part II turns to the question of how a state might acquire legitimate jurisdiction over a population of occupants. It argues that the state will have a right to rule a population and its territory if it satisfies conditions of basic justice and also facilitates its people's collective self-determination. Finally, Parts III and IV of this book argue that the exclusionary sovereignty rights to control over borders and natural resources that can plausibly be justified on the basis of the three core values are more limited than has traditionally been thought. Oxford Political Theory presents the best new work in contemporary political theory. It is intended to be broad in scope, including original contributions to political philosophy, and also work in applied political theory. The series will contain works of outstanding quality with no restriction as to approach or subject matter. Series Editors: Will Kymlicka and David Miller.

Unlawful Territorial Situations in International Law

Author : Enrico Milano
Publisher : Martinus Nijhoff Publishers
Page : 349 pages
File Size : 55,8 Mb
Release : 2006
Category : Law
ISBN : 9789004149397

Get Book

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.

Research Handbook on Territorial Disputes in International Law

Author : Marcelo G. Kohen,Mamadou Hébié
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 55,8 Mb
Release : 2018-10-26
Category : Law
ISBN : 9781782546870

Get Book

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.

The Creation of States in International Law

Author : James Crawford,James R. Crawford
Publisher : Oxford University Press
Page : 943 pages
File Size : 44,8 Mb
Release : 2006
Category : Law
ISBN : 9780198260028

Get Book

The Creation of States in International Law by James Crawford,James R. Crawford Pdf

This edition brings the treatment of statehood in the field of international law up to date. It retains a wealth of historical material and introduces new problems such as the disposition of territory in Kosovo and East Timor, claims for secession in Chechnya and Quebec and devolution in Scotland.

Unlawful Territorial Situations in International Law

Author : Enrico Milano
Publisher : BRILL
Page : 348 pages
File Size : 55,6 Mb
Release : 2005-12-01
Category : Law
ISBN : 9789047417743

Get Book

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.

Property and Sovereignty

Author : Professor James Charles Smith
Publisher : Ashgate Publishing, Ltd.
Page : 483 pages
File Size : 51,8 Mb
Release : 2014-01-28
Category : Law
ISBN : 9781409484707

Get Book

Property and Sovereignty by Professor James Charles Smith Pdf

This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ‘sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.

Sovereignty and Territorial Temptation

Author : Christopher R. Rossi
Publisher : Cambridge University Press
Page : 371 pages
File Size : 45,5 Mb
Release : 2017-04-27
Category : Law
ISBN : 9781107183537

Get Book

Sovereignty and Territorial Temptation by Christopher R. Rossi Pdf

This powerful reworking of the liberal tradition of international law uses Grotius as the vehicle for understanding coming challenges to the global commons. Fundamental problems of scarcity, sovereignty, anachronistic thinking, and territorial temptation are interwoven in historical and contemporary contexts to illuminate the tendency among states to share resources, but only when necessary.

Terror and Territory

Author : Stuart Elden
Publisher : U of Minnesota Press
Page : 293 pages
File Size : 54,7 Mb
Release : 2009
Category : Political Science
ISBN : 9780816654833

Get Book

Terror and Territory by Stuart Elden Pdf

Today's global politics demands a new look at the concept of territory. From so-called deterritorialized terrorist organizations such as al-Qaeda to U.S.-led overthrows of existing regimes in the Middle East, the relationship between territory and sovereignty is under siege. Unfolding an updated understanding of the concept of territory, Stuart Elden shows how the contemporary "war on terror" is part of a widespread challenge to the connection between the state and its territory. Although the importance of territory has been disputed under globalization, territorial relations have not come to an abrupt end. Rather, Elden argues, the territory/sovereignty relation is being reconfigured. Traditional geopolitical analysis is transformed into a critical device for interrogating hegemonic geopolitics after the Cold War, and is employed in the service of reconsidering discourses of danger that include "failed states," disconnection, and terrorist networks. Looking anew at the "war on terror"; the development and application of U.S. policy; the construction and demonization of rogue states; events in Lebanon, Somalia, and Pakistan; and the wars continuing in Afghanistan and Iraq, Terror and Territory demonstrates how a critical geographical analysis, informed by political theory and history, can offer an urgently needed perspective on world events.

Title to Territory in International Law

Author : Joshua Castellino,Steve Allen
Publisher : Dartmouth Publishing Group
Page : 296 pages
File Size : 53,6 Mb
Release : 2003
Category : Law
ISBN : UOM:39015056879763

Get Book

Title to Territory in International Law by Joshua Castellino,Steve Allen Pdf

In seeking to foster preconditions for maintenance of order international law lays great emphasis on state sovereignty - guaranteeing states special protection against threats to their territorial integrity. However, the demarcation of territory in most post-colonial states is extremely controversial since these physical dimensions were usually established during European colonial rule. The Roman doctrine of uti possidetis was called upon to add the thrust of legal sanctity and prevent challenge to boundaries bequeathed to the new ruler. By charting its progress through different temporal phases this book demonstrates that this doctrine evolved to suit political rather than legal tenets. The book is divided into seven chapters; the first two focussing on theoretical issues surrounding uti possidetis, examining its original development in Roman law. The next three chapters trace usage of the doctrine through Spanish decolonization, African colonisation and recent ICJ jurisprudence while the last two study modern manifestations of the effects of the doctrine in the former Yugoslavia and for indigenous peoples world-wide. A comprehensive and critical analysis of the Roman doctrine of uti possidetis, this book is an important resource for both students and scholars of international law.

Self-Determination in Disputed Colonial Territories

Author : Jamie Trinidad
Publisher : Cambridge University Press
Page : 297 pages
File Size : 50,5 Mb
Release : 2018-02-15
Category : Law
ISBN : 9781108418188

Get Book

Self-Determination in Disputed Colonial Territories by Jamie Trinidad Pdf

Analyzes the role of self-determination and territorial integrity in some of the most difficult decolonization cases.

Sovereignty

Author : Peter H. Russell
Publisher : University of Toronto Press
Page : 185 pages
File Size : 40,5 Mb
Release : 2021-02-01
Category : History
ISBN : 9781487539702

Get Book

Sovereignty by Peter H. Russell Pdf

To be effective, sovereignty must be secured through force or consent by those living in a territory, and accepted externally by other sovereign states. To be legitimate, the sovereignty claim must have the consent of its people and accord with international human rights. In Sovereignty: The Biography of a Claim, Peter H. Russell traces the origins of the sovereignty claim to Christian Europe and the attribution of sovereignty to God in the early Middle Ages. Transcending a narrow legal framework, he discusses sovereignty as a political activity including efforts to enshrine sovereignty within international law. Russell does not call for the end of sovereignty but makes readers aware of its limitations. While sovereignty can do good work for small and vulnerable peoples, it cannot be the basis of a global order capable of responding to the major existential threats that threaten our species and our planet. A brisk, often humorous, and personal exploration, Sovereignty: The Biography of a Claim will interest specialists and general readers alike, offering fresh insights on the limitations of sovereignty and the potential of federalism to alleviate these limitations now and in the future.