Sovereignty In Dispute


Sovereignty In Dispute
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Territorial Disputes And State Sovereignty


Territorial Disputes And State Sovereignty
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Author : Jorge E. Núñez
language : en
Publisher: Routledge
Release Date : 2020-05-11

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 2020-05-11 with Juvenile Nonfiction 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.



The Sovereignty Dispute Over The Falkland Malvinas Islands


The Sovereignty Dispute Over The Falkland Malvinas Islands
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Author : Lowell S. Gustafson
language : en
Publisher: Oxford University Press
Release Date : 1988-04-07

The Sovereignty Dispute Over The Falkland Malvinas Islands written by Lowell S. Gustafson and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-04-07 with Political Science categories.


The complex question of the sovereignty of the Falkland Islands remains far from resolved, even after the military and political events that took place from April to June 1982. The first scholarly work of its kind, this broad and dispassionate study of the causes of the South Atlantic war between Britain and Argentina addresses the larger issues raised by the Falkland crisis and untangles a web of events and attitudes that stretch back over the past century. The book begins with a close evaluation of the two pivotal arguments: Argentina's stance that international law supports their historical right to the islands, and Britain's position that the length of their occupation of the Falklands, together with the principles of self-determination, legalized their de facto control. Gustafson then discusses how potential off-shore oil reserves, diplomacy, domestic politics, and the use of force entered into the sovereignty dispute; analyzes the effects of war on international relations; and considers possible future approaches to handling the dispute.



Sovereignty In Dispute


Sovereignty In Dispute
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Author : Fritz L. Hoffmann
language : en
Publisher: Routledge
Release Date : 2019-09-05

Sovereignty In Dispute written by Fritz L. Hoffmann and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-05 with Political Science categories.


The Falkland (or Malvinas) Islands-a peaceful haven for land and sea birds and once a profitable paradise for whalers and seal hunters-erupted into the headlines on April 2, 1982. The armed conflict between Britain and Argentina that continued during the following two months was but one more stage in a long-standing struggle over the sovereignty of the islands, a conflict dating back to colonial times. The issues, much discussed, remain unresolved. In this book, the Hoffmanns present the background to the confrontation between Argentina and Britain, as well as an analysis of the present situation. Clarifying the importance of the seemingly insignificant, remote islands in the South Atlantic, over which European nations nearly went to war several times and which Britain wrested from Argentina in the 1830s, the authors trace the history of the dispute, the involvement of the United States, and the impact of the recent war on inter-American relations.



Sovereignty Conflicts And International Law And Politics


Sovereignty Conflicts And International Law And Politics
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Author : Jorge E. Núñez
language : en
Publisher: Routledge
Release Date : 2017-05-12

Sovereignty Conflicts And International Law And Politics 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 2017-05-12 with Law categories.


Many conflicts throughout the world can be characterized as sovereignty conflicts in which two states claim exclusive sovereign rights for different reasons over the same piece of land. It is increasingly clear that the available remedies have been less than successful in many of these cases, and that a peaceful and definitive solution is needed. This book proposes a fair and just way of dealing with certain sovereignty conflicts. Drawing on the work of John Rawls in A Theory of Justice, this book considers how distributive justice theories can be in tune with the concept of sovereignty and explores the possibility of a solution for sovereignty conflicts based on Rawlsian methodology. Jorge E. Núñez explores a solution of egalitarian shared sovereignty, evaluating what sorts of institutions and arrangements could, and would, best realize shared sovereignty, and how it might be applied to territory, population, government, and law.



The Falklands Malvinas Case


The Falklands Malvinas Case
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Author : Roberto C. Laver
language : en
Publisher: BRILL
Release Date : 2021-07-26

The Falklands Malvinas Case written by Roberto C. Laver 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 dispute over the South Atlantic islands that Britain calls the Falklands and Argentina claims as the Islas Malvinas has its own unique features, but the legal and political problems at its center,the tension between sovereignty based on prior title, the principle of territorial integrity, and the right of "a people" to self-determination are core issues in many of the other difficult conflicts that beset our rapidly changing world. This book presents a comprehensive analysis of the Falklands/Malvinas dispute and offers concrete suggestions for a new approach to its resolution. The author reviews the long and complex legal history of the islands, from the papal bulls of the fifteenth century and the diplomatic maneuverings of the European colonial powers to the break-up of empires and the evolution of the concept of self-determination. He also describes more recent developments in detail: the role of the United Nations, the failed negotiations that preceded military conflict in 1982, and the profound changes that have occurred in the islands since then. The Falklands War did not resolve the dispute between Britain and Argentina; after a period of stalemate, new initiatives are emerging, new proposals are being offered. The author argues that the opportunity now exists for all three partiesArgentina, Britain, and the islandersto get beyond outdated assumptions and rigidly held positions and construct a new framework for discussions and negotiations, one based on the real and present mutual interests of all concerned. This book makes an important contribution not only to the ongoing debate on the fate of the Falklands/Malvinas but also to the field of international law and conflict resolution.



The Falklands Malvinas Case


The Falklands Malvinas Case
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Author : Roberto C. Laver
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2001-02

The Falklands Malvinas Case written by Roberto C. Laver 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 2001-02 with Law categories.


The dispute over the South Atlantic islands that Britain calls the Falklands and Argentina claims as the Islas Malvinas has its own unique features, but the legal and political problems at its center, the tension between sovereignty based on prior title, the principle of territorial integrity, and the right of "a people" to self-determination are core issues in many of the other difficult conflicts that beset our rapidly changing world. This book presents a comprehensive analysis of the Falklands/Malvinas dispute and offers concrete suggestions for a new approach to its resolution. The author reviews the long and complex legal history of the islands, from the papal bulls of the fifteenth century and the diplomatic maneuverings of the European colonial powers to the break-up of empires and the evolution of the concept of self-determination. He also describes more recent developments in detail: the role of the United Nations, the failed negotiations that preceded military conflict in 1982, and the profound changes that have occurred in the islands since then. The Falklands War did not resolve the dispute between Britain and Argentina; after a period of stalemate, new initiatives are emerging, new proposals are being offered. The author argues that the opportunity now exists for all three partiesArgentina, Britain, and the islandersto get beyond outdated assumptions and rigidly held positions and construct a new framework for discussions and negotiations, one based on the real and present mutual interests of all concerned. This book makes an important contribution not only to the ongoing debate on the fate of the Falklands/Malvinas but also to the field of international law and conflictresolution.



The Indonesia Malaysia Dispute Concerning Sovereignty Over Sipadan And Ligitan Islands


The Indonesia Malaysia Dispute Concerning Sovereignty Over Sipadan And Ligitan Islands
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Author : D S Ranjit Singh
language : en
Publisher: ISEAS-Yusof Ishak Institute
Release Date : 2019-11-26

The Indonesia Malaysia Dispute Concerning Sovereignty Over Sipadan And Ligitan Islands written by D S Ranjit Singh and has been published by ISEAS-Yusof Ishak Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-26 with Political Science categories.


In 2002, ASEAN made history when two of its founder members—Indonesia and Malaysia—amicably settled a dispute over the ownership of the two Bornean islands of Sipadan and Ligitan by accepting the jurisdiction of the International Court of Justice (ICJ) which ruled in favour of Malaysia. The case at once assumed great significance as a beacon of hope for the region which is plagued by numerous disruptive territorial disputes. As both the historical evidence and legal milieu are vital considerations for the ICJ to award sovereignty, this book covers in detail the historical roots of the issue as well as the law dimension pertaining to the process of legal proceedings and the ICJ deliberations. The work concludes by offering a set of guidelines on cardinal principles of international law for successfully supporting a claim to disputed territories. These may be usefully utilized by interested parties. “An invaluable account of the dispute between Malaysia and Indonesia over the Sipadan and Ligitan Islands. Written skilfully by a historian who is in clear command of the facts. Highly recommended for anyone who wishes to understand border disputes in Southeast Asia.”—Professor James Chin, Director, Asia Institute, University of Tasmania



Peace And Disputed Sovereignty


Peace And Disputed Sovereignty
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Author : Friedrich V. Kratochwil
language : en
Publisher:
Release Date : 1985

Peace And Disputed Sovereignty written by Friedrich V. Kratochwil and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Business & Economics categories.


Examines the different types of border disputes by going beyond the traditional questions of 'titles of territory' and issues of the location of the boundary.



Focusing On The Diaoyu Islands


Focusing On The Diaoyu Islands
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Author : Junmin Wang
language : en
Publisher: American Academic Press
Release Date : 2022-04-14

Focusing On The Diaoyu Islands written by Junmin Wang and has been published by American Academic Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-14 with Political Science categories.


This book mainly demonstrates the sovereignty over the Diaoyu Islands, illustrates the significance, approach and means of peaceful settlement of the Diaoyu Islands dispute, and clarifies China’s principal stand on the Diaoyu Islands issue. According to mode of territorial acquisition, the critical date and the inter-temporal theory in international law, the Diaoyu Islands had been China’s territory rather than terra nullius or a part of Ryukyu before 1895. Therefore, Japan could not acquire the Diaoyu Islands by occupation. Instead, Japan acquired the Diaoyu Islands by cession during the Sino-Japanese War in 1895. In light of the situation and inter-temporal law of the critical date, China resumed her sovereignty over the Diaoyu Islands after WWII. China beyond any doubt enjoys the sovereignty over the Diaoyu Islands. China upholds the principle of peaceful settlement of the Diaoyu Islands dispute and strongly opposes settling the dispute by means of violence. Studies show that the settlement of the Diaoyu Islands dispute can be analyzed and studied in reference to the operational mode of the International Court of Justice, and China and Japan should take the Franco-German reconciliation model to resolve the Diaoyu Islands dispute politically.



Research Handbook On Territorial Disputes In International Law


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.