Contested Territories And International Law
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Contested Territories And International Law
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Author : Kamal Makili-Aliyev
language : en
Publisher: Routledge
Release Date : 2019-10-14
Contested Territories And International Law written by Kamal Makili-Aliyev and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-14 with Law categories.
This book considers the possibilities for resolution of the Nagorno-Karabakh Conflict in the context of comparative international law. The armed conflict between Armenia and Azerbaijan over the territory of the Nagorno-Karabakh has been on the peace and security agenda since the dissolution of the Soviet Union. This volume draws parallels with a similar situation between Sweden and Finland over sovereignty of the Aland Islands in the early 20th century. Resolved in 1921, it is argued that this represents a model autonomy solution for territorial conflicts that include questions of territorial integrity, self-determination and minority rights. The book compares both conflict situations from the international law perspective, finding both commonalities and dissimilarities. It advances the application of the solution found in the Aland Islands precedent as a model for the resolution of the Nagorno-Karabakh Conflict, and provides appropriate recommendations for its implementation. The book will be of interest to academics, researchers and policymakers in the areas of international law and security, conflict resolution and international relations.
Disputed Territories And International Criminal Law
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Author : Simon McKenzie
language : en
Publisher: Routledge
Release Date : 2019-11-08
Disputed Territories And International Criminal Law written by Simon McKenzie and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-08 with Law categories.
It has been over 50 years since the beginning of the Israeli occupation of the Palestinian Territories. It is estimated that there are over 600,000 Israeli settlers living in the West Bank and East Jerusalem, and they are supported, protected, and maintained by the Israeli state. This book discusses whether international criminal law could apply to those responsible for allowing and promoting this growth, and examines what this application would reveal about the operation of international criminal law. It provides a comprehensive analysis of how the Rome Statute of the International Criminal Court could apply to the settlements in the West Bank through a close examination of the potential operation of two relevant Statute crimes: first, the war crime of transfer of population; and second, the war crime of unlawful appropriation of property. It also addresses the threshold question of whether the law of occupation applies to the West Bank, and how the principles of individual criminal responsibility might operate in this context. It explores the relevance and coherence of the legal arguments relied on by Israel in defence of the legality of the settlements and considers how these arguments might apply in the context of the Rome Statute. The work also has wider aims, raising questions about the Rome Statute’s capacity to meet its aim of establishing a coherent and legally effective system of international criminal justice.
Research Handbook On Territorial Disputes In International Law
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Author : Marcelo G. Kohen
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-10-26
Research Handbook On Territorial Disputes In International Law written by Marcelo G. Kohen and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-26 with Law categories.
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 Contested Maritime And Territorial Boundaries Of Malaysia An International Law Perspective
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Author : R. Haller-Trost
language : en
Publisher: Springer
Release Date : 1998-11-03
The Contested Maritime And Territorial Boundaries Of Malaysia An International Law Perspective written by R. Haller-Trost and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-11-03 with Law categories.
Malaysia exemplifies boundary problems faced by most countries throughout Southeast Asia. This work studies the origins of Malaysian maritime and territorial disputes. The main text is divided into two parts: The first examines the maritime claims arising from the publication of the Malaysian map issued in 1979. The second analyses five territorial disputes between Malaysia and its neighbours. The Contested Maritime and Territorial Boundaries of Malaysia explores the country's overlapping maritime claims in the Straits of Malacca and Singapore, the Gulf of Thailand, the South China Sea, the Sulu Sea, and the Celebes Sea. A comprehensive examination of Malaysia's territorial disputes with Indonesia, Singapore, Brunei, the Philippines, China, and Taiwan follows, including coverage of the complicated matter of ownership over the Spratly Islands. A detailed look at the historical context demonstrates the longevity and complexity of the legal issues involved in the present disputes. The work scrutinizes the claims made under prevailing international law principles and examines the present level of dispute resolution. The first extensive study of its kind and an important addition to the International Boundary Studies Series, The Contested Maritime and Territorial Boundaries of Malaysia includes a chronological list of the main treaties, legislation, and related documents concerning the disputes discussed; an extensive bibliography of publications regarding the issues raised; and 23 maps, making it the most comprehensive reference work available on this subject.
Unlawful Territorial Situations In International Law
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Author : Enrico Milano
language : en
Publisher: BRILL
Release Date : 2005-12-01
Unlawful Territorial Situations In International Law written by Enrico Milano and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-12-01 with Law categories.
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.
The Spratly Islands And International Law
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Author : Xuechan Ma
language : en
Publisher: BRILL
Release Date : 2021-11-29
The Spratly Islands And International Law written by Xuechan Ma and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-29 with Law categories.
The Spratly Islands and International Law examines legal solutions to problems arising from the absence of maritime boundaries in the Spratly Islands. The book draws on extensive sources of international law and formulates novel, concrete proposals for the way forward.
Maritime And Territorial Disputes In The South China Sea
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Author : Yih-Jye Hwang
language : en
Publisher: Routledge
Release Date : 2021-03-09
Maritime And Territorial Disputes In The South China Sea written by Yih-Jye Hwang and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-09 with Law categories.
This edited volume rethinks the relationship between power and law in the age of China’s rise by examining recent developments in the South China Sea (SCS). The contributors explore different interpretations of international law on the legal status of the contested islands and rocks and provide detailed analyses of the contested concepts and provisions, the 2016 ruling by the SCS arbitration tribunal, as well as the environmental, economic, and political impacts of the ruling. This book facilitates a more meaningful and productive dialogue over the intersection, interaction, and interdependence between power and law in the context of the SCS. Assessing the interactions between political, legal, and normative forces, it provides insights into the specific dynamics of the dispute and the shifting security landscape in the region, but also offers a basis for thinking more deeply about the broader rise of China. This book will appeal to both students and scholars of IR, International Law, and Asian Studies and those engaged in research on the SCS disputes, the rise of China, and with a theoretical interest in law and power in international affairs.
Investments In Conflict Zones
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Author : Tobias Ackermann
language : en
Publisher: BRILL
Release Date : 2020-12-15
Investments In Conflict Zones written by Tobias Ackermann and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-15 with Law categories.
In Investments in Conflict Zones, a selected group of experts explores how armed conflicts, territorial disputes, and ‘frozen’ conflicts impact the application and interpretation of international investment law and how investment protection can be reconciled with such politically charged circumstances.
Territorial Acquisition Disputes And International Law
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Author : Surya P. Sharma
language : en
Publisher: BRILL
Release Date : 2024-01-15
Territorial Acquisition Disputes And International Law written by Surya P. Sharma and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-15 with Law categories.
This book analyzes the traditional criteria of territorial acquisition and demonstrates their inadequacies in the modern context. It also addresses contemporary territorial doctrines and conflicts. It regards territorial acquisition as a comprehensive process involving various considerations leading to the establishment or transfer of exclusive control over territory. This approach has many advantages and adds to the development of the law of territorial acquisition. The author also provides an analysis of the claims and counter-claims in major contemporary territorial disputes and suggests appropriate legal perspectives bearing upon decision-making in regard to them. This book will be highly useful to students, academics and practitioners in the field of international law, as well as all governments and institutions dealing with territorial matters.
Territorial Acquisition Disputes And International Law
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Author : Surya Prakash Sharma
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1997-02-05
Territorial Acquisition Disputes And International Law written by Surya Prakash Sharma 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 1997-02-05 with Law categories.
This book analyzes the traditional criteria of territorial acquisition and demonstrates their inadequacies in the modern context. It also addresses contemporary territorial doctrines and conflicts. It regards territorial acquisition as a comprehensive process involving various considerations leading to the establishment or transfer of exclusive control over territory. This approach has many advantages and adds to the development of the law of territorial acquisition. The author also provides an analysis of the claims and counter-claims in major contemporary territorial disputes and suggests appropriate legal perspectives bearing upon decision-making in regard to them. This book will be highly useful to students, academics and practitioners in the field of international law, as well as all governments and institutions dealing with territorial matters.