Treaty And Statehood

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Treaty and Statehood

Michael Mansell
Treaty and Statehood Book PDF

Author : Michael Mansell
Publisher : Unknown
Page : 301 pages
File Size : 45,8 Mb
Release : 2016
Category : Aboriginal Australians
ISBN : 1760020834

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Treaty and Statehood by Michael Mansell Pdf

If governments of Australia agreed to share power with Aboriginal people, what would the result be? And if Australia was to have a settlement or a treaty with Aboriginal and Torres Strait Islanders, what would a treaty deal with and how would a treaty affect the general public? Is there anything beyond a treaty?Treaty and Statehood: Aboriginal Self-determination, by Aboriginal author Michael Mansell, answers these questions and more. Mansell examines the New Zealand model of designated Māori seats and applies the idea to comprise 12 Indigenous Senators in Australia. He argues designated seats and a treaty are constitutionally permissible, and details the possible content for a treaty. He discusses the meaning of self-determination and its limitations, and also thoroughly reviews Aboriginal sovereignty and its function in a modern Australia.The book critically examines the legality of designated seats, treaty, sharing of power and autonomous communities. The legal examination is broken down into easy-to-understand language. Ultimately, Mansell looks at whether justice can best be served to Aboriginal people through a new State of Australia.This new idea of a seventh State - or First State for the First peoples, as the author prefers - is constitutionally legal. Its practicality is also critically examined, including the rights each Aboriginal community or 'nation' would have under statehood.This is a book that answers our query about what reconciliation ultimately means and how it can be achieved."His strongly expressed opinions are always sincere and soundly argued: they may appear at first provocative or over-idealistic, but just wait; in years to come they are likely to be seen as a prescient articulation of a way forward for securing the dignity of our first Australians." - Geoffrey Robertson QC, from the ForewordIn the media...An Indigenous seventh state: a radical idea from a constitutional conservative, Stan Grant, ABC News, 3 Jun 2017 Read article...New book examines 'justice', Jillian Mundy, The Koori Mail, 25 January 2017 Read article...Aboriginal lawyer and activist Michael Mansell has written a new book, Holly Monery, The Examiner, 28 December 2016 Read article...Mansell draws new boundaries for Aboriginal state, Wendy Caccetta, National Indigenous Times, 21 December 2016 Read article...Treaty's benefits, Opinion Letter by Michael Mansell, The Australian, 19 December 2016 Read letter...Indigenous spending to double, warns Michael Mansell, Stephen Fitzpatrick, The Australian, 16 December 2016 Read article...Michael Mansell on Sky News, The Bolt Report with Andrew Bolt, 15 December 2016 Listen to interview...Australia should create seventh state run by Indigenous people, lawyer Michael Mansell says, Dan Conifer, ABC News, 14 December 2016 Read article...

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 : 45,6 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.

International Law in Domestic Courts

Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger
International Law in Domestic Courts Book PDF

Author : Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger
Publisher : Oxford University Press, USA
Page : 769 pages
File Size : 46,8 Mb
Release : 2019-01-28
Category : Law
ISBN : 9780198739746

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International Law in Domestic Courts by Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger Pdf

The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

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 : 44,7 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.

International Law: A Very Short Introduction

Vaughan Lowe
International Law A Very Short Introduction Book PDF

Author : Vaughan Lowe
Publisher : OUP Oxford
Page : 144 pages
File Size : 40,6 Mb
Release : 2015-11-26
Category : Law
ISBN : 9780191576201

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International Law: A Very Short Introduction by Vaughan Lowe Pdf

Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

The Creation of States in International Law

James R. Crawford
The Creation of States in International Law Book PDF

Author : James R. Crawford
Publisher : Oxford University Press
Page : 128 pages
File Size : 50,9 Mb
Release : 2007-03-15
Category : Law
ISBN : 9780191511950

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

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.

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 : 55,8 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.

Prestatehood Legal Materials

Michael Chiorazzi,Marguerite Most
Prestatehood Legal Materials Book PDF

Author : Michael Chiorazzi,Marguerite Most
Publisher : Routledge
Page : 1539 pages
File Size : 53,7 Mb
Release : 2013-05-13
Category : History
ISBN : 9781136766022

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Prestatehood Legal Materials by Michael Chiorazzi,Marguerite Most Pdf

Explore the controversial legal history of the formation of the United States Prestatehood Legal Materials is your one-stop guide to the history and development of law in the U.S. and the change from territory to statehood. Unprecedented in its coverage of territorial government, this book identifies a wide range of available resources from each state to reveal the underlying legal principles that helped form the United States. In this unique publication, a state expert compiles each chapter using his or her own style, culminating in a diverse sourcebook that is interesting as well as informative. In Prestatehood Legal Materials, you will find bibliographies, references, and discussion on a varied list of source materials, including: state codes drafted by Congress county, state, and national archives journals and digests state and federal reports, citations, surveys, and studies books, manuscripts, papers, speeches, and theses town and city records and documents Web sites to help your search for more information and more Prestatehood Legal Materials provides you with brief overviews of state histories from colonization to acceptance into the United States. In this book, you will see how foreign countries controlled the laws of these territories and how these states eventually broke away to govern themselves. The text also covers the legal issues with Native Americans, inter-state and the Mexico and Canadian borders, and the development of the executive, legislative, and judicial branches of state government. This guide focuses on materials that are readily available to historians, political scientists, legal scholars, and researchers. Resources that assist in locating not-so-easily accessible materials are also covered. Special sections focus on the legal resources of colonial New York City and Washington, DC—which is still technically in its prestatehood stage. Due to the enormity of this project, the editor of Prestatehood Legal Materials created a Web page where updates, corrections, additions and more will be posted.

U.S. Department of State

Elmer Plischke
U S Department of State Book PDF

Author : Elmer Plischke
Publisher : Bloomsbury Publishing USA
Page : 806 pages
File Size : 43,8 Mb
Release : 1999-12-30
Category : History
ISBN : 9780313032882

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U.S. Department of State by Elmer Plischke Pdf

This reference history describes and analyzes the State Department and Foreign Service of the United States. It also outlines the history of three major State Department functions, namely, the treatymaking process and record, representation in international conferences, and participation in international organizations and other agencies. The volume covers more than two centuries—from the genesis of American diplomacy to the 1990s. Unlike other works, this volume deals with such matters as departmental organization and management; personnel and staffing; administrative practices, reform, and reorganization; and the Department's operations, functions, principal and other officers, and problems. The volume consists of eight chapters, extensively footnoted, each of which focuses on successive periods grouped in four major historical eras. Tables are designed to serve as further reference for long-range historical analysis and exploration. The book is supplemented with three appendixes and a comprehensive bibliography. A complete and up-to-date major reference, this will be an asset to the reference collections of both academic and public libraries.

Self-Determination, Statehood, and the Law of Negotiation

Robert P. Barnidge, Jr.
Self Determination Statehood and the Law of Negotiation Book PDF

Author : Robert P. Barnidge, Jr.
Publisher : Bloomsbury Publishing
Page : 248 pages
File Size : 40,9 Mb
Release : 2016-01-28
Category : Law
ISBN : 9781509902415

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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.

Decolonizing Law

Sujith Xavier,Beverley Jacobs,Valarie Waboose,Jeffery G. Hewitt,Amar Bhatia
Decolonizing Law Book PDF

Author : Sujith Xavier,Beverley Jacobs,Valarie Waboose,Jeffery G. Hewitt,Amar Bhatia
Publisher : Routledge
Page : 271 pages
File Size : 53,8 Mb
Release : 2021-05-24
Category : Law
ISBN : 9781000396553

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Decolonizing Law by Sujith Xavier,Beverley Jacobs,Valarie Waboose,Jeffery G. Hewitt,Amar Bhatia Pdf

This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.

Rethinking Statehood in Palestine

Leila H. Farsakh
Rethinking Statehood in Palestine Book PDF

Author : Leila H. Farsakh
Publisher : Univ of California Press
Page : 329 pages
File Size : 45,9 Mb
Release : 2021-10-26
Category : History
ISBN : 9780520385634

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Rethinking Statehood in Palestine by Leila H. Farsakh Pdf

A free open access ebook is available upon publication. Learn more at www.luminosoa.org. The quest for an inclusive and independent state has been at the center of the Palestinian national struggle for a very long time. This book critically explores the meaning of Palestinian statehood and the challenges that face alternative models to it. Giving prominence to a young set of diverse Palestinian scholars, this groundbreaking book shows how notions of citizenship, sovereignty, and nationhood are being rethought within the broader context of decolonization. Bringing forth critical and multifaceted engagements with what modern Palestinian self-determination entails, Rethinking Statehood sets the terms of debate for the future of Palestine beyond partition.

The Oxford Guide to Treaties

Duncan B. Hollis
The Oxford Guide to Treaties Book PDF

Author : Duncan B. Hollis
Publisher : Oxford University Press
Page : 873 pages
File Size : 42,6 Mb
Release : 2012-08-09
Category : Law
ISBN : 9780199601813

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The Oxford Guide to Treaties by Duncan B. Hollis Pdf

Giving an overview of the current state of the law and practice in relation to treaties, this edited work is an essential reference for practitioners and legal advisers involved in treaty negotiations or the interpretation of treaties. It also reflects on the current areas of disagreement or ambiguity.

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 : 40,8 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.