Research Handbook On Territorial Disputes In International Law
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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.
Research Handbook On The Law Of Treaties
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Author : Christian J. Tams
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-09-26
Research Handbook On The Law Of Treaties written by Christian J. Tams 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 2014-09-26 with Political Science categories.
Offering a unique conceptual approach to the Law of Treaties this insightful Research Handbook not only sets out the foundational issues, but identifies tensions within the field, including formalism vs flexibility, integrity vs flexibility, and unifor
Territorial Disputes And State Sovereignty
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Author : Jorge E. Núñez
language : en
Publisher: Routledge
Release Date : 2020
Territorial Disputes And State Sovereignty written by Jorge E. Núñez and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Boundary disputes categories.
Adopting a multi-disciplinary approach, this book opens new ground for research on territorial disputes. Many sovereignty conflicts remain unresolved around the world. Current solutions in law, political science and international relations generally prove problematic to at least one of the agents part of these differences. Arguing that disputes are complex, multi-layered and multi-faceted, this book brings together a global, inter-disciplinary view of territorial disputes. The book reviews the key conceptual elements central to legal and political sciences with regards to territorial disputes: state, sovereignty and self-determination. Looking at some of the current long-standing disputes worldwide, it compares and contrasts the many issues at stake and the potential remedies currently available in order to assess why some territorial disputes remain unresolved. Finally, it offers a set of guidelines for dispute settlement and conflict resolution that current remedies fail to provide. It will appeal to students and scholars working in international relations, legal theory and jurisprudence, public international law and political sciences.
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.
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.
Research Handbook On International Courts And Tribunals
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Author : William A. Schabas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-02-24
Research Handbook On International Courts And Tribunals written by William A. Schabas 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 2017-02-24 with categories.
This collection takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the debates and controversies related to the growth of international courts and tribunals. By providing a synthetic overview and critical analysis of these developments from a variety of perspectives, it both contextualizes and stimulates future research and practice in this rapidly developing field.
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.
State Territory And International Law
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Author : Josephat Ezenwajiaku
language : en
Publisher: Routledge
Release Date : 2020-05-31
State Territory And International Law written by Josephat Ezenwajiaku and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-31 with Law categories.
This book proposes a re-interpretation of Article 2(4) of the Charter of the United Nations to read, or at least include, respect for the inviolability of State territory. While States purport to obey the prohibition of the Use of Force, they frequently engage in activities that could undermine international peace and security. In this book the author argues that State practice, opinio juris, as well as contentious and advisory opinions of the International Court of Justice, have promoted the first limb of Article 2(4). Although wars between States have decreased, the maintenance of international peace and security remains a mirage, as shown by the increase in intra- and inter-State conflicts across the world. The author seeks to initiate a rethinking of the provision of Article 2(4), which the International Court of Justice has described as the cornerstone of the United Nations. The author argues that the time is ripe for States to embrace an evolutive interpretation of Article 2(4) to mean respect, as opposed to the traditional view of the threat, or the use, of force. He also evaluates the discourse regarding territorial jurisdiction in cyberspace and argues that the efforts made by the international community to apply Article 2(4) to cyberspace suggest that the article is a flexible and live instrument that should be adjusted to address the circumstances that endanger international peace and security. This book will engineer a serious debate regarding the scope of Article 2(4), which before now has always been limited to the threat or use of force. As a result, it will be of interest to academics and students of public international law, as well as diplomats and policymakers.
International Law And The Adjudication Of Territorial Disputes
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Author : Brendan Plant
language : en
Publisher:
Release Date : 2017-01-05
International Law And The Adjudication Of Territorial Disputes written by Brendan Plant and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-05 with categories.
This book considers the concept of effectiveness and its role in boundary dispute settlements. Through analysis of the application of effectiveness in historical and contemporary case law this book examines the role that international law plays in the adjudication of boundary disputes.
Law Territory And Conflict Resolution
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Author : Matteo Nicolini
language : en
Publisher: Studies in Territorial and Cul
Release Date : 2016
Law Territory And Conflict Resolution written by Matteo Nicolini and has been published by Studies in Territorial and Cul this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 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?