The Legal Consequences Of Limited Statehood

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The Legal Consequences of Limited Statehood

Shadi Sakran
The Legal Consequences of Limited Statehood Book PDF

Author : Shadi Sakran
Publisher : Routledge
Page : 164 pages
File Size : 47,8 Mb
Release : 2019-11-26
Category : Law
ISBN : 9781000763577

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The Legal Consequences of Limited Statehood by Shadi Sakran Pdf

This book analyzes Palestine’s acceptance as a State in multilateral frameworks and its legal consequences. Using Palestine as a case study, this book argues that participation in a State-reserved regime is not determined by the traditional requisites of statehood. UNESCO membership unveils the acceptance of Palestine as a State for the limited purpose of the organization, without any immediate or implicit implications for the statehood of Palestine. Palestine’s accessions to various multilateral treaties demonstrate this argument as do its instruments of accession being accepted by the depositaries of both the United Nations Secretary-General and national Governments without requiring any clarification of the statehood question. This book also provides the first in-depth study of the legal relationship of the rights and duties of Palestine with different groups of State Parties; the recent dispute settlement brought by Palestine against the United States and Israel; and theoretical and practical challenges for Palestine in its acceptance as a State in multilateral frameworks. The book will be of interest to scholars and students of international law, legal theory, state law, and Middle East studies.

Rule of Law and Areas of Limited Statehood

Linda Hamid,Jan Wouters
Rule of Law and Areas of Limited Statehood Book PDF

Author : Linda Hamid,Jan Wouters
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 40,9 Mb
Release : 2021-01-12
Category : Electronic
ISBN : 1788979036

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Rule of Law and Areas of Limited Statehood by Linda Hamid,Jan Wouters Pdf

This thought-provoking book addresses the legal questions raised by the nexus between the rule of law and areas of limited statehood, in which the State lacks the ability to exercise the full depth of its governmental authority. Working from an international law perspective, it examines the implications of limited statehood for the traditional State-based framing of the international legal order. Featuring original contributions written by renowned international scholars, chapters investigate key issues arising at the junction between domestic and international rule of law and areas of limited statehood, as well as the alternative modes of governance that develop therein, both with and without the approval of the State. Contributors discuss the impact of contested sovereignty on the rule of law, international responsibility with regard to rebel governance in areas of limited statehood and the consequences of limited statehood for international peace and security. This book will be useful for students and scholars of international law and international relations, particularly those working on sovereignty and statehood, non-state actors, State responsibility and the rule of law. It will also appeal to practitioners and policy-makers working in these same fields in either the State or global governance apparatus.

Effective Governance Under Anarchy

Tanja A. Börzel,Thomas Risse
Effective Governance Under Anarchy Book PDF

Author : Tanja A. Börzel,Thomas Risse
Publisher : Cambridge University Press
Page : 381 pages
File Size : 42,9 Mb
Release : 2021-04-08
Category : Business & Economics
ISBN : 9781107183698

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Effective Governance Under Anarchy by Tanja A. Börzel,Thomas Risse Pdf

Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.

The Oxford Handbook of Governance and Limited Statehood

Thomas Risse,Tanja A. Börzel,Anke Draude
The Oxford Handbook of Governance and Limited Statehood Book PDF

Author : Thomas Risse,Tanja A. Börzel,Anke Draude
Publisher : Oxford University Press
Page : 657 pages
File Size : 54,5 Mb
Release : 2018
Category : Political Science
ISBN : 9780198797203

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The Oxford Handbook of Governance and Limited Statehood by Thomas Risse,Tanja A. Börzel,Anke Draude Pdf

Unpacking the major debates, this Oxford Handbook brings together leading authors of the field to provide a state-of-the-art guide to governance in areas of limited statehood where state authorities lack the capacity to implement and enforce central decision and/or to uphold the monopoly over the means of violence. While areas of limited statehood can be found everywhere - not just in the global South -, they are neither ungoverned nor ungovernable. Rather, a variety of actors maintain public order and safety, as well as provide public goods and services. While external state 'governors' and their interventions in the global South have received special scholarly attention, various non-state actors - from NGOs to business to violent armed groups - have emerged that also engage in governance. This evidence holds for diverse policy fields and historical cases. The Handbook gives a comprehensive picture of the varieties of governance in areas of limited statehood from interdisciplinary perspectives including political science, geography, history, law, and economics. 29 chapters review the academic scholarship and explore the conditions of effective and legitimate governance in areas of limited statehood, as well as its implications for world politics in the twenty-first century. The authors examine theoretical and methodological approaches as well as historical and spatial dimensions of areas of limited statehood, and deal with the various governors as well as their modes of governance. They cover a variety of issue areas and explore the implications for the international legal order, for normative theory, and for policies toward areas of limited statehood.

The Oxford Handbook of Governance

David Levi-Faur
The Oxford Handbook of Governance Book PDF

Author : David Levi-Faur
Publisher : Oxford University Press
Page : 828 pages
File Size : 50,5 Mb
Release : 2012-03-29
Category : Business & Economics
ISBN : 9780199560530

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The Oxford Handbook of Governance by David Levi-Faur Pdf

This Oxford Handbook will be the definitive study of governance for years to come. 'Governance' has become one of the most popular terms in contemporary political science; this Handbook explores the full range of meaning and application of the concept and its use in a number of research fields.

Governance Without a State?

Thomas Risse
Governance Without a State Book PDF

Author : Thomas Risse
Publisher : Columbia University Press
Page : 309 pages
File Size : 44,9 Mb
Release : 2011-10-11
Category : Political Science
ISBN : 9780231521871

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Governance Without a State? by Thomas Risse Pdf

Governance discourse centers on an "ideal type" of modern statehood that exhibits full internal and external sovereignty and a legitimate monopoly on the use of force. Yet modern statehood is an anomaly, both historically and within the contemporary international system, while the condition of "limited statehood," wherein countries lack the capacity to implement central decisions and monopolize force, is the norm. Limited statehood, argue the authors in this provocative collection, is in fact a fundamental form of governance, immune to the forces of economic and political modernization. Challenging common assumptions about sovereign states and the evolution of modern statehood, particularly the dominant paradigms supported by international relations theorists, development agencies, and international organizations, this volume explores strategies for effective and legitimate governance within a framework of weak and ineffective state institutions. Approaching the problem from the perspectives of political science, history, and law, contributors explore the factors that contribute to successful governance under conditions of limited statehood. These include the involvement of nonstate actors and nonhierarchical modes of political influence. Empirical chapters analyze security governance by nonstate actors, the contribution of public-private partnerships to promote the United Nations Millennium Goals, the role of business in environmental governance, and the problems of Western state-building efforts, among other issues. Recognizing these forms of governance as legitimate, the contributors clarify the complexities of a system the developed world must negotiate in the coming century.

International Development Organizations and Fragile States

Marie von Engelhardt
International Development Organizations and Fragile States Book PDF

Author : Marie von Engelhardt
Publisher : Springer
Page : 259 pages
File Size : 41,6 Mb
Release : 2017-12-14
Category : Social Science
ISBN : 9783319626956

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International Development Organizations and Fragile States by Marie von Engelhardt Pdf

This book addresses a conundrum for the international development community: The law of development cooperation poses major constraints on delivering aid where it is needed most. The existence of a state with an effective government is a basic condition for the transfer of aid, making development cooperation with ‘fragile’ nations particularly challenging. The author explores how international organizations like the World Bank have responded by adopting formal and informal rules to engage specifically with countries with weak or no governments. Von Engelhardt provides a critical analysis of the discourse on fragile states and how it has shaped the policy decision-making of international organizations. By demonstrating how perceptions of fragility can have significant consequences both in practice and in law, the work challenges conventional research that dismisses state fragility as a phenomenon beyond law. It also argues that the legal parameters for effective global policy play a crucial role, and offers a fresh approach to a topic that is central to international security and development.

Rule of Law and Areas of Limited Statehood

Linda Hamid,Jan Wouters
Rule of Law and Areas of Limited Statehood Book PDF

Author : Linda Hamid,Jan Wouters
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 42,5 Mb
Release : 2021-01-29
Category : Law
ISBN : 9781788979047

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Rule of Law and Areas of Limited Statehood by Linda Hamid,Jan Wouters Pdf

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.

Statehood and the Law of Self-Determination

David Raic
Statehood and the Law of Self Determination Book PDF

Author : David Raic
Publisher : BRILL
Page : 515 pages
File Size : 50,8 Mb
Release : 2002-09-01
Category : Law
ISBN : 9789047403388

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Statehood and the Law of Self-Determination by David Raic Pdf

Although most international lawyers assumed that the distribution of the land surface of the earth between States was more or less final after the end of decolonization, recent practice has disproved this assumption. Eritrea separated from Ethiopia and new States were created out of the former Soviet Union, the former Yugoslavia and the former Czechoslovakia. There is no reason to believe that these events form the end of the creation of new States. Numerous communities within existing States claim a right to full separate statehood on the basis of their entitlement to an alleged right to self-determination. However, in most cases, the international community rejected such claims to statehood, even if the territorial entity satisfied the traditional criteria for statehood. On the other hand, in other cases, including some of those mentioned above, the international community acknowledged the statehood of entities which clearly failed to meet these criteria. In the light of the above-mentioned developments, this book examines the modern law of statehood, and in particular the role of the law of self-determination in the process of the formation of States in international law. The study shows that the law of statehood has changed considerably since the establishment of the United Nations. It is argued that the law of self-determination is particularly relevant for explaining the international community's position regarding the general recognition, or the general denial, of statehood of different territorial entities under contemporary international law.

The Oxford Handbook of Governance and Limited Statehood

Thomas Risse,Tanja A. Börzel,Anke Draude
The Oxford Handbook of Governance and Limited Statehood Book PDF

Author : Thomas Risse,Tanja A. Börzel,Anke Draude
Publisher : Oxford University Press
Page : 536 pages
File Size : 49,7 Mb
Release : 2018-03-05
Category : Political Science
ISBN : 9780192517661

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The Oxford Handbook of Governance and Limited Statehood by Thomas Risse,Tanja A. Börzel,Anke Draude Pdf

Unpacking the major debates, this Oxford Handbook brings together leading authors of the field to provide a state-of-the-art guide to governance in areas of limited statehood where state authorities lack the capacity to implement and enforce central decision and/or to uphold the monopoly over the means of violence. While areas of limited statehood can be found everywhere - not just in the global South -, they are neither ungoverned nor ungovernable. Rather, a variety of actors maintain public order and safety, as well as provide public goods and services. While external state 'governors' and their interventions in the global South have received special scholarly attention, various non-state actors - from NGOs to business to violent armed groups - have emerged that also engage in governance. This evidence holds for diverse policy fields and historical cases. The Handbook gives a comprehensive picture of the varieties of governance in areas of limited statehood from interdisciplinary perspectives including political science, geography, history, law, and economics. 29 chapters review the academic scholarship and explore the conditions of effective and legitimate governance in areas of limited statehood, as well as its implications for world politics in the twenty-first century. The authors examine theoretical and methodological approaches as well as historical and spatial dimensions of areas of limited statehood, and deal with the various governors as well as their modes of governance. They cover a variety of issue areas and explore the implications for the international legal order, for normative theory, and for policies toward areas of limited statehood.

Non-State Justice Institutions and the Law

M. Kötter,T. Röder,F. Schuppert,R. Wolfrum
Non State Justice Institutions and the Law Book PDF

Author : M. Kötter,T. Röder,F. Schuppert,R. Wolfrum
Publisher : Springer
Page : 252 pages
File Size : 41,9 Mb
Release : 2015-02-02
Category : Political Science
ISBN : 9781137403285

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Non-State Justice Institutions and the Law by M. Kötter,T. Röder,F. Schuppert,R. Wolfrum Pdf

This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.

Concept of the State in International Relations

Robert Schuett
Concept of the State in International Relations Book PDF

Author : Robert Schuett
Publisher : Edinburgh University Press
Page : 256 pages
File Size : 46,5 Mb
Release : 2015-01-22
Category : International relations
ISBN : 9780748693634

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Concept of the State in International Relations by Robert Schuett Pdf

This volume ... systematically considers the nature of the state, the concept of sovereignty and the challenges globalisation and cosmopolitanism.--Provided by publisher.

Power Politics and State Formation in the Twentieth Century

Bridget Coggins
Power Politics and State Formation in the Twentieth Century Book PDF

Author : Bridget Coggins
Publisher : Cambridge University Press
Page : 281 pages
File Size : 41,8 Mb
Release : 2014-04-24
Category : History
ISBN : 9781107047358

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Power Politics and State Formation in the Twentieth Century by Bridget Coggins Pdf

From Kurdistan to Somaliland, Xinjiang to South Yemen, all secessionist movements hope to secure newly independent states of their own. Most will not prevail. The existing scholarly wisdom provides one explanation for success, based on authority and control within the nascent states. With the aid of an expansive new dataset and detailed case studies, this book provides an alternative account. It argues that the strongest members of the international community have a decisive influence over whether today's secessionists become countries tomorrow and that, most often, their support is conditioned on parochial political considerations.

Sovereignty, Statehood and State Responsibility

Christine Chinkin,Freya Baetens
Sovereignty Statehood and State Responsibility Book PDF

Author : Christine Chinkin,Freya Baetens
Publisher : Cambridge University Press
Page : 529 pages
File Size : 55,6 Mb
Release : 2015-02-12
Category : Law
ISBN : 9781107044258

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Sovereignty, Statehood and State Responsibility by Christine Chinkin,Freya Baetens Pdf

A timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states.

Palestine, Taiwan, and Western Sahara

Sabella Ogbobode Abidde
Palestine Taiwan and Western Sahara Book PDF

Author : Sabella Ogbobode Abidde
Publisher : Rowman & Littlefield
Page : 309 pages
File Size : 48,5 Mb
Release : 2023-07-24
Category : Political Science
ISBN : 9781666932010

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Palestine, Taiwan, and Western Sahara by Sabella Ogbobode Abidde Pdf

To have a State, four distinct conditions must be met. First, there must be a community of people, and it matters not whether they belong to the same color, faith, or ethnicity. Second, there must be a geographical space, a settlement that this community of people calls a home. Third, there must be governing authority. And finally, the government must be sovereign – sovereign in the sense that it is self-governing and independent of any domestic or international body. Palestine, Taiwan, and Western Sahara have met all the forestated conditions -- except for broad international support and recognition and membership of the United Nations. However, this has not been the case with Palestine, Taiwan, and Western Sahara. This edited volume examines some of the endogenous and exogenous factors that have contributed to the ambiguous and contested nature of these political entities and argued that the undermined nature of these entities contributes to regional instability and global insecurity. And finally, the continued denial of statehood is a violation of their collective human rights.