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Beyond A One Dimensional State An Emerging Right To Autonomy


Beyond A One Dimensional State An Emerging Right To Autonomy
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Beyond A One Dimensional State An Emerging Right To Autonomy


Beyond A One Dimensional State An Emerging Right To Autonomy
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Author : Zelim Skurbaty
language : en
Publisher: BRILL
Release Date : 2005-01-01

Beyond A One Dimensional State An Emerging Right To Autonomy written by Zelim Skurbaty and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.


The beginning of the 21st century is characterized by global structural changes and worldwide concern for the problems surrounding the relationships between states and minority groups. Autonomy has become a code word for an all-purpose means of inclusion of sub-state groups in the three major functions that make for the essence of international law: the allocation of competence, the furtherance of common interest and the maintenance of international peace. Since to be autonomous is to be a law to oneself, and autonomous agents are self-governing agents, the authors of this present volume try give an answer – each from a particular professional perspective- to one overriding question: what conditions must be met in order to ensure that the autonomous agents govern themselves, and govern effectively. With a scholarly attention to analytical precision, factual accuracy, and scrupulous objectivity the authors of the present volume – coming from such diverse fields as international law, philosophy, ethics, economics, political science, - detail and explore the protean character of autonomy as both a concept (autonomy's subtypes, autonomy vs. other arrangements for the diffusion of power within heterogeneous societies, new definitions of the concept, etc.) and a practice (the potential of autonomy in the peaceful resolution of ethnic conflicts; comparative case studies, ranging from Greenland to Eritrea, from the Baltic States to South Asia). For all their differences in background and style, the authors share the common belief that autonomy, if properly understood and applied, holds considerable potential for ensuring an effective and harmonious co-existence for diverse groups within modern states. As such this book will hold particular appeal for all those (students, academics, policymakers, practitioners) who are on a quest for empowering insights vis-à-vis state-minority modus vivendi and ways to mitigate inter-group tensions by compromise.



Indigenous Rights And United Nations Standards


Indigenous Rights And United Nations Standards
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Author : Alexandra Xanthaki
language : en
Publisher: Cambridge University Press
Release Date : 2007-05-17

Indigenous Rights And United Nations Standards written by Alexandra Xanthaki and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-17 with Law categories.


The debate on indigenous rights has revealed some serious difficulties for current international law, posed mainly by different understandings of important concepts. This book explores the extent to which indigenous claims, as recorded in the United Nations forums, can be accommodated by international law. By doing so, it also highlights how the indigenous debate has stretched the contours and ultimately evolved international human rights standards. The book first reflects on the international law responses to the theoretical arguments on cultural membership. After a comprehensive analysis of the existing instruments on indigenous rights, the discussion turns to self-determination. Different views are assessed and a fresh perspective on the right to self-determination is outlined. Ultimately, the author refuses to shy away from difficult questions and challenging issues and offers a comprehensive discussion of indigenous rights and their contribution to international law.



Sovereignty In The Exercise Of The Right To Self Determination


Sovereignty In The Exercise Of The Right To Self Determination
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Author : Jane A. Hofbauer
language : en
Publisher: BRILL
Release Date : 2016-09-12

Sovereignty In The Exercise Of The Right To Self Determination written by Jane A. Hofbauer and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-12 with Law categories.


Sovereignty in the Exercise of the Right to Self-Determination detangles the relationship between a number of principles of international law and the exercise of sovereign power. Jane Hofbauer’s assessment is conducted through an analysis of the different tiers of self-determination, ranging from the right to exercise external self-determination, the right to exercise forms of autonomy as a form of de facto independence, and the right to a type of ‘spatial’ independence, exemplified through the principles of permanent sovereignty over natural resources (PSNR), and free, prior and informed consent (FPIC). The book not only highlights the (intentional) uncertainties within each of these principles, but identifies the (non-discretionary) limits to their normative evolution. It thereby explores to what extent (indigenous) peoples can be designated as sovereign entities.



Law Territory And Conflict Resolution


Law Territory And Conflict Resolution
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Author : Matteo Nicolini
language : en
Publisher: BRILL
Release Date : 2016-05-02

Law Territory And Conflict Resolution written by Matteo Nicolini and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-02 with Law categories.


Prompted by the de facto secession of Crimea in early 2014, Law, Territory and Conflict Resolution explores the role of law in territorial disputes, and therefore sheds light on the legal ‘realities’ in territorial conflicts. Seventeen scholars with backgrounds in comparative constitutional law and international law critically reflect on the well-established assumption that law is ‘part of the solution’ in territorial conflicts and ask whether the law cannot equally be ‘part of the problem’. The volume examines theory, practice, legislation and jurisprudence from various case studies, thus offering further insights on the following complex issue: can law act as an effective instrument for the governance of territorial disputes and conflicts?



Finnish Yearbook Of International Law Volume 25 2015


Finnish Yearbook Of International Law Volume 25 2015
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Author : Tuomas Tiittala
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-10-03

Finnish Yearbook Of International Law Volume 25 2015 written by Tuomas Tiittala and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-03 with Law categories.


The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Finnish Society of International Law by Hart Publishing. Earlier volumes may be obtained from Martinus Nijhoff, an imprint of Brill Publishers.



Seeking Justice In International Law


Seeking Justice In International Law
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Author : Mauro Barelli
language : en
Publisher: Routledge
Release Date : 2016-04-14

Seeking Justice In International Law written by Mauro Barelli and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-14 with Law categories.


Today human rights represent a primary concern of the international legal system. The international community’s commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, inter alia, its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples points to the existence of an international law that promises to provide valid responses to the demands for justice of disempowered and vulnerable groups. At one level, the book assesses whether international law has responded fairly and adequately to the human rights claims of indigenous peoples. At another level, it explores the relationship between this response and some distinctive features of the indigenous peoples’ struggle for justice, reflecting on the extent to which the latter have influenced and shaped the former. The book draws important conclusions as to the reasons behind international law’s positive recognition of indigenous peoples’ rights, shedding some light on the potential and limits of international law as an instrument of justice. The book will be of great interest to students and scholars of public international law, human rights and social movements.



Routledge Handbook Of Constitutional Law


Routledge Handbook Of Constitutional Law
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Author : Mark Tushnet
language : en
Publisher: Routledge
Release Date : 2013-06-26

Routledge Handbook Of Constitutional Law written by Mark Tushnet and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-26 with Law categories.


The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One: General issues "sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions. Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systems Part Three: Rights covers the key rights often enshrined in constitutions Part Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges. Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.



Internal Self Determination In International Law


Internal Self Determination In International Law
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Author : Kalana Senaratne
language : en
Publisher: Cambridge University Press
Release Date : 2021-08-05

Internal Self Determination In International Law written by Kalana Senaratne and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-05 with Law categories.


A clear and accessible study of the principle of internal self-determination in international law.



Peoples And International Law


Peoples And International Law
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Author : James Summers
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-04-09

Peoples And International Law written by James Summers and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-09 with Law categories.


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. Also available in hardback.



Federal Solutions To Ethnic Problems


Federal Solutions To Ethnic Problems
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Author : Liam D. Anderson
language : en
Publisher: Routledge
Release Date : 2013

Federal Solutions To Ethnic Problems written by Liam D. Anderson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Political Science categories.


This book examines how federal systems can be designed to manage ethnic conflict in divided societies. Using Iraq as a case study, the author evaluates six distinct approaches, the underlying reasons why one may be more suitable than other, and how these apply to the current situation.