Deconstructing Self Determination In International Law

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Deconstructing Self Determination In International Law

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Author : Przemysław Tacik
language : en
Publisher: BRILL
Release Date : 2023-07-17

Deconstructing Self Determination In International Law written by Przemysław Tacik and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-17 with Law categories.

The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.

Hague Yearbook Of International Law Annuaire De La Haye De Droit International Vol 35 2022

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Author : Jure Vidmar
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2024-03-18

Hague Yearbook Of International Law Annuaire De La Haye De Droit International Vol 35 2022 written by Jure Vidmar 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 2024-03-18 with Law categories.

The aim of the Hague Yearbook of International Law is to offer a platform for review of new developments in the field of international law. In addition, it devotes attention to developments in the international law institutions based in the international City of Peace and Justice, The Hague. This Special Issue of Yearbook stems from a conference organised by the Maastricht University Study Group for Critical Approaches to International Law in April 2022. The conference, entitled 'Deconstructing International Law,' invited participants to reflect on and dismantle some of the foundational ideas of international law.

Law Populism And The Political In Central And Eastern Europe

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Author : Rafał Mańko
language : en
Publisher: Taylor & Francis
Release Date : 2023-12-05

Law Populism And The Political In Central And Eastern Europe written by Rafał Mańko and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-05 with Law categories.

This book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.

Towards An Independent Kurdistan Self Determination In International Law

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Author : Loqman Radpey
language : en
Publisher: Taylor & Francis
Release Date : 2023-12-05

Towards An Independent Kurdistan Self Determination In International Law written by Loqman Radpey and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-05 with Law categories.

Kurdistan is among the world’s most notorious cases of self-determination denied, and the reasons why this outcome remains unachieved reveal as much about the biases of international law as they do about the merits of the case for Kurdistan. On the centenary of the Treaty of Lausanne, 24 July 1923, the last of the international instruments establishing the new international order after World War I, this book explores the potential blind spots of international law regarding its differential application in the Middle East. Tracing self-determination over the past century, the work explores how the law applies to Kurdish aspirations and to what extent the Kurds can rely upon the current law of self-determination to achieve internationally recognised statehood. The book offers an exhaustive historico-legal analysis of changing international legal concepts and geopolitical upheaval, providing a blueprint for Kurdish self-determination in international law. Shedding light on the law’s structural biases, it represents a comprehensive historico-legal account of Kurdish aspirations for territorial independence within international law literature, offering a guide to relevant legal problems. It will be of interest to students and academics focused on international law, specifically, peoplehood, statehood, secession, human rights law, political science, and anthropology. Moreover, policymakers, government officials working in peace and conflict, research and advocacy institutes, think tanks, as well as scholars of international relations, historians, political scientists, regional specialists, diplomats, and non-governmental organisation activists will find it a useful reference. The book also illuminates the human rights status of the Kurds in their host states, making it relevant to scholars and activists. Its findings have implications extending beyond Kurdistan to self-determination struggles in Scotland, Catalonia, Ukraine, and elsewhere.

International Law And Self Determination

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Author : Joshua Castellino
language : en
Publisher: BRILL
Release Date : 2021-07-26

International Law And Self Determination written by Joshua Castellino and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-26 with Law categories.

The principle of self-determination has at heart the achievement of true representation and democracy based on the idea that the consent of the governed alone can give government legitimacy. The principle was primarily responsible for the decolonisation process that shaped our current international community. `Self-determination' has been used in equal rhetorical brilliance by a number of leaders - some meritorious, with a genuine concern for human emancipation, others dubious, with ascendancy to power at the heart of their project. In any case, `self-determination' has come to mean different things in different contexts. Being a vital principle, especially in the post-colonial state, it is one factor that represents a threat to world order while at the same time holding out the promise of longer-term peace and security based on values of democracy, equity and justice. This book looks at the intricacies of the norm in its current ambiguous manifestation and seeks to deconstruct it with regard to three particularly inter-related discourses: that of minority rights, statehood and sovereignty, and the doctrine of uti possidetis which shaped the modern post-colonial state. These norms are then analysed further within two case studies. One, concerning the creation of Bangladesh where `self-determination' was achieved. The second, examines the situation in the Western Sahara where `self-determination' (whatever its manifestation) is yet to be expressed. In the course of these case studies we seek to highlight the problematic nature of `national identity' and the `self' in settings far removed from post-Westphalian Europe.

The Use Of Force Against Ukraine And International Law

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Author : Sergey Sayapin
language : en
Publisher: Springer
Release Date : 2018-09-08

The Use Of Force Against Ukraine And International Law written by Sergey Sayapin and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-08 with Law categories.

Written by a team of international lawyers from Europe, Asia, Africa, and the Caribbean,this book analyses some of the most significant aspects of the ongoing armed conflictbetween the Russian Federation and Ukraine. As challenging as this conflict is for the international legal order, it also offers lessonsto be learned by the States concerned, and by other States alike. The book analysesthe application of international law in this conflict, and suggests ways for this law’sprogressive development. It will be useful to practitioners of international law working at national Ministriesof Defence, Justice, and Foreign Affairs, as well as in Parliaments, to lawyers ofinternational organizations, and to national and international judges dealing withmatters of public international law, international humanitarian law and criminal law.It will also be of interest to scholars and students of international law, and to historiansof international relations. Sergey Sayapin is Assistant Professor in International and Criminal Law at the Schoolof Law of the KIMEP University in Almaty, Kazakhstan. Evhen Tsybulenko is Professor of Law at the Department of Law of the Tallinn Universityof Technology in Tallinn, Estonia.

Routledge Handbook On Cooperation Interdependencies And Security In The Mediterranean

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Author : Elena Calandri
language : en
Publisher: Taylor & Francis
Release Date : 2024-11-29

Routledge Handbook On Cooperation Interdependencies And Security In The Mediterranean written by Elena Calandri and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-29 with Political Science categories.

This Handbook provides an essential overview of the contemporary dynamics of the Mediterranean region. Conceptualising the Mediterranean as both a socio-cultural area and a geopolitical entity, it considers the basin both as a whole and as a set of interacting subregions. Established scholars offer new perspectives and approaches from international history, postcolonial studies, migration studies, geography, private international law and public international law, environmental and tourism studies, to reappraise the long-term trends and ruptures that shape security, interdependence, and cooperation. These contributions explain the Mediterranean’s long-established role as a crossroads, and demonstrate the political, economic, ecological, and cultural meanings of security. The book shows how interdependence in economic, environmental, cultural, and human sectors continues to bind the Mediterranean together as migration flows across the sea, environmental change requires common action, legal systems coexist, and multifaceted identities, growing cultural awareness and human rights remain on the political agenda. This volume will be an invaluable resource for graduate students, researchers, and professionals seeking a comprehensive, multidisciplinary approach to the historical, political, geographic, and socio-cultural complexities, challenges, and potential of the area.

Self Determination In International Law

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Author : Robert McCorquodale
language : en
Publisher: Ashgate Publishing
Release Date : 2000

Self Determination In International Law written by Robert McCorquodale and has been published by Ashgate Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.

The right of self-determination affects many areas of international law, from sovereignty over territory and human rights to decisions on the recognition of new States and the succession of States to treaties. It also has an impact on many approaches to understanding the nature of international law and international society. This volume sets out some of the methods by which authors have dealt with the right of self-determination and provides illustrations of the applications of the right to a variety of situations.

Decolonising International Law

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Author : Sundhya Pahuja
language : en
Publisher: Cambridge University Press
Release Date : 2011-09-29

Decolonising International Law written by Sundhya Pahuja 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 2011-09-29 with Law categories.

The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.

Legal Form

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Author : Cosmin Cercel
language : en
Publisher: Taylor & Francis
Release Date : 2024-10-11

Legal Form written by Cosmin Cercel and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-11 with Law categories.

A century after the publication of Evgeny Pashukanis’ pivotal book General Theory of Law and Marxism, this collection presents a comprehensive account and analysis of his key concept of legal form. Evgeny Pashukanis’ General Theory, born amidst the fervour of the first socialist revolution, remains still a crucial reference point in Marxist theories of the law and critical legal theory. Its theoretical depth paved the way for new understandings of the relationship between Marxism and the law. Its crucial virtue continues to be, even after a century, the ability to articulate epochal concerns in the context of a socialist revolution that turned hitherto theoretical problems into dilemmas of practice. This book returns to Pashukanis’ main concept: ‘legal form’. Through this jurisprudential category Pashukanis aimed to grasp the dependence of the law on the economy, and at the same time, to enquire into the degree to which the law preserves its autonomy from economic relations. In other words, the legal form as a concept conveys both the law’s dependence on the economic sphere of exchange and its greatest inherent specificity: the way it translates economic relations into its proper language and set of legal/ideological constructs. The contributions to this volume provide a range of perspectives on how the concept of legal form has been developed and reinterpreted. Including the first English translation of Pashukanis’ essay, ‘Hegel, State and Law’, this collection will be of considerable interest to scholars and students of legal and political theory.