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Author : Carsten Stahn
Publisher : Unknown
Page : 828 pages
File Size : 41,9 Mb
Release : 2010
Category : Internationalized territories
ISBN : OCLC:851324124
Author : Ralph Wilde
Publisher : Oxford University Press
Page : 641 pages
File Size : 51,8 Mb
Release : 2010-09-30
Category : Language Arts & Disciplines
ISBN : 9780199577897
This is the first comprehensive treatment of the reasons why international organizations have engaged in territorial administration. The book describes the role of international territorial administration and analyses the various purposes associated with this activity, revealing the objectives which territorial administration seeks to achieve.
Author : Eric de Brabandere
Publisher : BRILL
Page : 352 pages
File Size : 52,9 Mb
Release : 2009-04-24
Category : Law
ISBN : 9789004180826
Drawing on the context in which the administration of territory by international actors has resurfaced, and on the legal framework applicable to post-conflict administrations and peace-building operations, this book analyses the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq.
Author : Carsten Stahn
Publisher : Cambridge University Press
Page : 902 pages
File Size : 46,7 Mb
Release : 2010-09-23
Category : Law
ISBN : 0521173957
International actors have played an active role in the administration of territories over the past two centuries. This book analyses the genesis and law and practice of international territorial administration, covering all experiments from the Treaty of Versailles to contemporary engagements such as the conflict in Iraq. The book discusses the background, legal framework and practice of international territorial administration, including its relationship to related paradigms (internationalisation, mandate administration, trusteeship administration and occupation). This is complemented by a discussion of four common legal issues which arise in the context of this activity: the status of the territory under administration, the status and accountability of administering authorities, the exercise of regulatory powers by international administrations, and the relationship between international and domestic actors. Alongside surveys of the existing approaches and conceptual choices, the book also includes relevant case-law and practice and lessons learned for future engagements.
Author : Bernhard Knoll
Publisher : Cambridge University Press
Page : 521 pages
File Size : 44,5 Mb
Release : 2008-06-12
Category : Law
ISBN : 9781139472784
The international community's practice of administering territories in post-conflict environments has raised important legal questions. Using Kosovo as a case study, Bernhard Knoll analyses the identity of the administrating UN organ, the ways in which the territories under consideration have acquired partial subjectivity in international law and the nature of legal obligations in the fiduciary exercise of transitional administration developed within the League of Nations' Mandate and the UN Trusteeship systems. Knoll discusses Kosovo's internal political and constitutional order and notes the absence of some of the characteristics normally found in liberal democracies, before proposing that the UN consolidates accountability guidelines related to the protection of human rights and the development of democratic standards should it engage in the transitional administration of territory.
Author : Gjylbehare Bella Murati
Publisher : Routledge
Page : 246 pages
File Size : 47,6 Mb
Release : 2020-04-30
Category : Law
ISBN : 9781351593236
This book offers an original and insightful analysis of the human rights inadequacies that arise in the practice of UN territorial administration by analysing and assessing the practice of UNMIK. It provides arguments based on law and principles to support the thesis that a comprehensive legal framework governing the activities of the UN mission is a crucial prerequisite for its proper functioning. This is complemented by a discussion of several emerging issues surrounding the UN activity on the ground, namely, its legislative, judicial, and executive power. The author offers an extensive and well-documented analysis of the UN’s capacity as a surrogate state administration to respond to the needs of the governed population and, above all, protect its fundamental rights. Based on her findings, Murati concludes that only a comprehensive mandate can serve the long term interests of the international community’s objective to efficiently promote, protect, and fulfil human rights in a war-torn society. UN Territorial Administration and Human Rights provides a detailed critical legal analysis of one of the major UN administrations of territory after the Cold War, namely, the UN administration of Kosovo from 1999 to 2008. The analysis in this book will be beneficial to international law and international relations scholars and students, as well as policymakers and persons working for international organisations. The analysis and the lessons learned through this study shed light on the challenges entailed in governing territories and rebuilding state institutions while upholding the rule of law and ensuring respect for human rights.
Author : Carsten Stahn
Publisher : Oxford University Press, USA
Page : 1441 pages
File Size : 55,5 Mb
Release : 2015
Category : Law
ISBN : 9780198705161
The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
Author : Cait Storr
Publisher : Cambridge University Press
Page : 321 pages
File Size : 45,9 Mb
Release : 2020-09-17
Category : Law
ISBN : 9781108498500
This book offers a new account of Nauru's imperial history and examines its significance in the history of international law.
Author : Vijayashri Sripati
Publisher : Oxford University Press
Page : 374 pages
File Size : 44,6 Mb
Release : 2020-01-16
Category : Law
ISBN : 9780199098361
In 1949, United Nations Constitutional Assistance (UNCA) was conceived to promote the Western liberal constitution. This was colonial trusteeship. However, in 1960, as a step towards decolonization, the United Nations General Assembly rejected internationalized constitution-making, and, by extension, UNCA. All colonies acquired the right to draft their own constitutions without any international assistance. Nonetheless, in the same year, UNCA was revived and since then it has helped over 40 developing sovereign states to adopt the Western liberal constitution, for the aims of building peace, preventing conflict, and promoting good governance in these independent states. This book scrutinizes UNCA and its off-shoot, UN/International Territorial Administration (ITA), including their historical origins and revival from 1960 to 2019. Sripati argues that although the United Nations (UN) uses UNCA to help developing sovereign states secure debt relief, it undertakes UNCA to ‘modernize’ them with a view to ‘strengthen’ their supposedly weakened sovereignty. By doing so, the UN is seeking these states’ adoption of a Western liberal-style constitution, thus violating their right to self-determination. The book shows how UNCA sires and guides UN (legislative) assistance in all state-sectors: security, judicial, electoral, commercial, parliamentary, public administration, and criminal. Irrespective of UNCA’s benevolent motivations, such intrusive interventions impose the old forms of domination and perpetuate global inequality.
Author : Benedetto Conforti,Carlo Focarelli
Publisher : Legal Aspects of International
Page : 488 pages
File Size : 55,5 Mb
Release : 2010
Category : Business & Economics
ISBN : STANFORD:36105134526347
Revised and updated, The Law and Practice of the United Nations provides an analysis of the main legal issues surrounding the United Nations' practice, including a thorough discussion of Chapter VII of the Charter and its interpretation.
Author : James Summers
Publisher : Martinus Nijhoff Publishers
Page : 671 pages
File Size : 53,9 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 : Gregory H . Fox
Publisher : Cambridge University Press
Page : 285 pages
File Size : 51,5 Mb
Release : 2008-02-21
Category : Political Science
ISBN : 9781139469739
This book analyzes a new phenomenon in international law: international organizations assuming the powers of a national government in order to reform political institutions. After reviewing the history of internationalized territories, this book asks two questions about these 'humanitarian occupations'. First, why did they occur? The book argues that the missions were part of a larger trend in international law to maintain existing states and their populations. The only way this could occur in these territories, which had all seen violent internal conflict, was for international administrators to take charge. Second, what is the legal justification for the missions? The book examines each of the existing justifications and finds them wanting. A new foundation is needed, one that takes account of the missions' authorisation by the UN Security Council and their pursuit of goals widely supported in the international community.
Author : Rosalyn Higgins,Philippa Webb,Dapo Akande,Sandesh Sivakumaran,James Sloan
Publisher : Oxford University Press
Page : 1642 pages
File Size : 44,7 Mb
Release : 2017-10-12
Category : Law
ISBN : 9780192537195
The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.
Author : Michael J. Strauss
Publisher : BRILL
Page : 266 pages
File Size : 53,8 Mb
Release : 2015-05-27
Category : Law
ISBN : 9789004293625
Territorial Leasing in Diplomacy and International Law draws from a large number of cases to examine and assess this relatively common but unexplored practice in which states reallocate their rights on territory without altering boundaries or resorting to definitive cessions.
Author : Larissa van den Herik,Carsten Stahn
Publisher : Martinus Nijhoff Publishers
Page : 735 pages
File Size : 47,7 Mb
Release : 2012
Category : Law
ISBN : 9789004214590
This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
