Statehood And The State Like In International Law
DOWNLOAD
Download Statehood And The State Like In International Law PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Statehood And The State Like In International Law book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Statehood And The State Like In International Law
DOWNLOAD
Author : Rowan Nicholson
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-09
Statehood And The State Like In International Law written by Rowan Nicholson and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09 with Law categories.
If the term were given its literal meaning, international law would be law between 'nations'. It is often described instead as being primarily between states. But this conceals the diversity of the nations or state-like entities that have personality in international law or that have had it historically. This book reconceptualizes statehood by positioning it within that wider family of state-like entities. In this monograph, Rowan Nicholson contends that states themselves have diverse legal underpinnings. Practice in cases such as Somalia and broader principles indicate that international law provides not one but two alternative methods of qualifying as a state. Subject to exceptions connected with territorial integrity and peremptory norms, an entity can be a state either on the ground that it meets criteria of effectiveness or on the ground that it is recognized by all other states. Nicholson also argues that states, in the strict legal sense in which the word is used today, have never been the only state-like entities with personality in international law. Others from the past and present include imperial China in the period when it was unreceptive to Western norms; precolonial African chiefdoms; 'states-in-context', an example of which may be Palestine, which have the attributes of statehood relative to states that recognize them; and entities such as Hong Kong.
The Creation Of States In International Law
DOWNLOAD
Author : James Crawford
language : en
Publisher: Oxford University Press
Release Date : 2006
The Creation Of States In International Law written by James Crawford 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 2006 with Law categories.
Statehood in the early 21st century remains as much a central problem now as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.
Democratic Statehood In International Law
DOWNLOAD
Author : Jure Vidmar
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-03-28
Democratic Statehood In International Law written by Jure Vidmar and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-28 with Law categories.
This book analyses the emerging practice in the post-Cold War era of the creation of a democratic political system along with the creation of new states. The existing literature either tends to conflate self-determination and democracy or dismisses the legal relevance of the emerging practice on the basis that democracy is not a statehood criterion. Such arguments are simplistic. The statehood criteria in contemporary international law are largely irrelevant and do not automatically or self-evidently determine whether or not an entity has emerged as a new state. The question to be asked, therefore, is not whether democracy has become a statehood criterion. The emergence of new states is rather a law-governed political process in which certain requirements regarding the type of a government may be imposed internationally. And in this process the introduction of a democratic political system is equally as relevant or irrelevant as the statehood criteria. The book demonstrates that via the right of self-determination the law of statehood requires state creation to be a democratic process, but that this requirement should not be interpreted too broadly. The democratic process in this context governs independence referenda and does not interfere with the choice of a political system. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.
Statehood As Political Community
DOWNLOAD
Author : Alex Green
language : en
Publisher: Cambridge University Press
Release Date : 2024-02-29
Statehood As Political Community written by Alex Green 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 2024-02-29 with Law categories.
A novel account of state creation in international law, applying normative philosophy and political theory as well as legal practice.
Statehood And The Law Of Self Determination
DOWNLOAD
Author : David Raic
language : en
Publisher: BRILL
Release Date : 2002-09-01
Statehood And The Law Of Self Determination written by David Raic and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-09-01 with Law categories.
Although most international lawyers assumed that the distribution of the land surface of the earth between States was more or less final after the end of decolonization, recent practice has disproved this assumption. Eritrea separated from Ethiopia and new States were created out of the former Soviet Union, the former Yugoslavia and the former Czechoslovakia. There is no reason to believe that these events form the end of the creation of new States. Numerous communities within existing States claim a right to full separate statehood on the basis of their entitlement to an alleged right to self-determination. However, in most cases, the international community rejected such claims to statehood, even if the territorial entity satisfied the traditional criteria for statehood. On the other hand, in other cases, including some of those mentioned above, the international community acknowledged the statehood of entities which clearly failed to meet these criteria. In the light of the above-mentioned developments, this book examines the modern law of statehood, and in particular the role of the law of self-determination in the process of the formation of States in international law. The study shows that the law of statehood has changed considerably since the establishment of the United Nations. It is argued that the law of self-determination is particularly relevant for explaining the international community's position regarding the general recognition, or the general denial, of statehood of different territorial entities under contemporary international law.
Power Politics And State Formation In The Twentieth Century
DOWNLOAD
Author : Bridget Coggins
language : en
Publisher: Cambridge University Press
Release Date : 2014-04-24
Power Politics And State Formation In The Twentieth Century written by Bridget Coggins 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 2014-04-24 with History categories.
From Kurdistan to Somaliland, Xinjiang to South Yemen, all secessionist movements hope to secure newly independent states of their own. Most will not prevail. The existing scholarly wisdom provides one explanation for success, based on authority and control within the nascent states. With the aid of an expansive new dataset and detailed case studies, this book provides an alternative account. It argues that the strongest members of the international community have a decisive influence over whether today's secessionists become countries tomorrow and that, most often, their support is conditioned on parochial political considerations.
Sovereignty Statehood And State Responsibility
DOWNLOAD
Author : Christine Chinkin
language : en
Publisher: Cambridge University Press
Release Date : 2015-02-12
Sovereignty Statehood And State Responsibility written by Christine Chinkin 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 2015-02-12 with Law categories.
A timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states.
Fragmentation And The International Relations Of Micro States
DOWNLOAD
Author : Jorri Duursma
language : en
Publisher: Cambridge University Press
Release Date : 1996-10-31
Fragmentation And The International Relations Of Micro States written by Jorri Duursma 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 1996-10-31 with History categories.
At a time when nearly all armed conflicts are related to self-determination, and frequently to claims for secession, this meticulous study examines the legal issues at stake in the light of the existence of European micro-States: Liechtenstein, San Marino, Monaco, Andorra and the Vatican City. Jorri Duursma makes a thorough analysis of the true origins, meaning and faults of the modern right of self-determination, asking fundamental questions: What constitutes a people with a right to self-determination? How small a people has this right? Who are allowed to secede? What is a state according to international law? Jorri Duursma's book provides an up-to-date and informed account of these important issues which also draws on recent experiences in Eastern Europe and Yugoslavia. It is the first book to provide a thorough international legal account of the European micro-states, and develops a novel approach to the problems of fragmentation.
International Law In Domestic Courts
DOWNLOAD
Author : Andre Nollkaemper
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-01-28
International Law In Domestic Courts written by Andre Nollkaemper and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-28 with Law categories.
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
International Law A Very Short Introduction
DOWNLOAD
Author : Vaughan Lowe
language : en
Publisher: OUP Oxford
Release Date : 2015-11-26
International Law A Very Short Introduction written by Vaughan Lowe and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-26 with Law categories.
Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.
