Title To Territory In Africa
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Title To Territory In Africa
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Author : Malcolm Nathan Shaw
language : en
Publisher:
Release Date : 1986
Title To Territory In Africa written by Malcolm Nathan Shaw and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Business & Economics categories.
The territorially-based view of international law remains the fundamental model and is subscribed to by third world states. This study analyzes the colonial acquisition of African territory with particular reference to the evolution of the principles of self-determination and its impact upon the law relating to territory.
Title To Territory
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Author : Malcolm Nathan Shaw
language : en
Publisher: Routledge
Release Date : 2005
Title To Territory written by Malcolm Nathan Shaw and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Boundaries categories.
Contains essays describing the role of territory in international law. This book also describes how the international legal system accepts and regulates the apportionment of territory between states, and regulates boundary questions.
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.
Title To Territory
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Author : Malcolm N Shaw
language : en
Publisher: Routledge
Release Date : 2018-03-31
Title To Territory written by Malcolm N Shaw and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-31 with categories.
The question of territory has always been central to the international legal system. It constitutes the core of the definition of the state, and the state remains the primary element in international law. As such it is tied to the issue of jurisdiction and the extent of the power exercisable by the state. It is also central to the organisation of the international order, for a state-based world community requires rules by which to determine how territory may be allocated to states and the sanctions that may be applied for violation of territorial integrity. Further, as states appear, disappear and re-emerge in a different guise, principles as to the determination of boundaries become critical. The Former Yugoslavia is the most prominent example of this in modern times. This volume consists of numerous important essays describing the role of territory in international law and how the international legal system accepts and regulates the apportionment of territory between states, and regulates boundary questions. The volume is prefaced by a wide-ranging Introduction which lays out the essence of the modern law in this critically important area of international law.
Title To Territory In International Law
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Author : Joshua Castellino
language : en
Publisher: Dartmouth Publishing Group
Release Date : 2003
Title To Territory In International Law written by Joshua Castellino and has been published by Dartmouth Publishing Group this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
In seeking to foster preconditions for maintenance of order international law lays great emphasis on state sovereignty - guaranteeing states special protection against threats to their territorial integrity. However, the demarcation of territory in most post-colonial states is extremely controversial since these physical dimensions were usually established during European colonial rule. The Roman doctrine of uti possidetis was called upon to add the thrust of legal sanctity and prevent challenge to boundaries bequeathed to the new ruler. By charting its progress through different temporal phases this book demonstrates that this doctrine evolved to suit political rather than legal tenets. The book is divided into seven chapters; the first two focussing on theoretical issues surrounding uti possidetis, examining its original development in Roman law. The next three chapters trace usage of the doctrine through Spanish decolonization, African colonisation and recent ICJ jurisprudence while the last two study modern manifestations of the effects of the doctrine in the former Yugoslavia and for indigenous peoples world-wide. A comprehensive and critical analysis of the Roman doctrine of uti possidetis, this book is an important resource for both students and scholars of international law.
The Acquisition Of Africa 1870 1914
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Author : Mieke van der Linden
language : en
Publisher: BRILL
Release Date : 2016-10-13
The Acquisition Of Africa 1870 1914 written by Mieke van der Linden and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-13 with Law categories.
In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used treaties to acquire territory. The question is raised whether Europeans did or did not on a systematic scale breach these treaties in their expansion of empire.
Indigenous Peoples Title To Territory Rights And Resources
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Author : Cathal M. Doyle
language : en
Publisher: Routledge
Release Date : 2014-11-20
Indigenous Peoples Title To Territory Rights And Resources written by Cathal M. Doyle and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-20 with Law categories.
The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.
Boundaries And Secession In Africa And International Law
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Author : Dirdeiry M. Ahmed
language : en
Publisher: Cambridge University Press
Release Date : 2015-12-11
Boundaries And Secession In Africa And International Law written by Dirdeiry M. Ahmed 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 2015-12-11 with History categories.
This book challenges the central assumption of the law of territory by establishing that uti possidetis is not a general principle of law, and arguing that African customary rules were generated. It includes in-depth coverage of African secession, with issues of human rights law, self-determination and political science presented in a new light.
The Acquisition Of Territory In International Law
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Author : Robert Yewdall Jennings
language : en
Publisher: Manchester University Press
Release Date : 1963
The Acquisition Of Territory In International Law written by Robert Yewdall Jennings and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Acquisition of territory categories.
Political Topographies Of The African State
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Author : Catherine Boone
language : en
Publisher: Cambridge University Press
Release Date : 2003-10-27
Political Topographies Of The African State written by Catherine Boone 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 2003-10-27 with Political Science categories.
This study brings Africa into the mainstream of studies of state-formation in agrarian societies. Territorial integration is the challenge: institutional linkages and political deals that bind center and periphery are the solutions. In African countries, rulers at the center are forced to bargain with regional elites to establish stable mechanisms of rule and taxation. Variation in regional forms of social organization make for differences in the interests and political strength of regional leaders who seek to maintain or enhance their power vis-a-vis their followers and subjects, and also vis-a-vis the center.