Public international law: territory and statehood Books
Oxford University Press Inc Liberal SelfDetermination in a World of Migration
Book SynopsisTrade ReviewFerracioli grapples successfully with the challenges involved in formulating a liberal theory of migration and is not afraid of biting bullets when the need arises...Everyone working on topics connected to self-determination and immigration will benefit from a close reading of this book, and come away with new questions to address, as well as new answers to contemplate. * David Miller, Notre Dame Philosophical Reviews *Liberal Self-Determination in a World of Migration is a terrific book which compellingly demonstrates that the resources of analytical political philosophy can be combined with a deep humanism. This is an original contribution both to the philosophy of liberal citizenship and the ethics of migration, and along the way Ferracioli adds her distinctive voice to debates on citizenship for children, adults, refugees, family members, the brain drain, and unjust membership policies. * Margaret Moore, Professor of Political Studies, Queen's University Canada and author of Political Theory of Territory (OUP, 2017) *This is a thoughtful exploration of some of the puzzles and tensions that arise when we think about questions of citizenship, self-determination, and immigration from a liberal perspective. Ferracioli writes in a clear and engaging style. Her discussion is challenging and provocative. This is a rewarding read. * Joseph H. Carens, Professor of Political Science, University of Toronto *Most accounts of states' right to exclude immigrants address why states can exclude immigrants, when and why deportation is permissible, and limits on the right to exclude in cases of desperately needy migrants...Luara Ferracioli takes on all these questions and more in her illuminating and measured book, Liberal Self-Determination in a World of Migration * Thomas Carnes, Radical Philosophy Review *Table of ContentsIntroduction Part I. On Citizenship and Self-determination Chapter 1. Citizenship and Paternalism Chapter 2. Citizenship and Autonomy Chapter 3. Liberal Self-determination, Discrimination, and the Right to Exclude Part II. On Morality and Migration Chapter 4. What Is Political about Asylum? Chapter 5. Family Migration Schemes and Liberal Neutrality: A Dilemma Chapter 6. Immigration, Self-determination, and the Brain Drain Chapter 7. Discrimination and Immigration Control
£53.20
Oxford University Press, USA Collected Works of Michal Kalecki Volume II Capitalism Economic Dynamics 0002
Book SynopsisA revised second edition of "The Cyprus Question", containing an historical narrative and an examination of the developments in Cyprus since 1963. Subjects discussed include the intercommunal hostilities of 1963-64, the "coup d'etat" of 1974, and the role of the UN.Table of ContentsThe birth of the Cyprus Republic; the uneasy years 1963-1974; intercommunal negotiations 1968-1974; Turkish intervention and its aftermath; the Treaty of Guarantee; human rights in Cyprus; the intercommunal negotiations; an evaluation of the intercommunal talks; towards declaration of statehood; self-determination; statehood and after; the "proximity" talks; the constitution of the Turkish Republic of Northern Cyprus; statehood and recognition; developments after the Summit of 1985; resumption of the intercommunal negotiating process.
£76.00
Oxford University Press, USA Recognizing States International Society and the Establishment of New States Since 1776
Book SynopsisThis book examines recognition of new states, the practice historically employed to regulate membership in international society. The last twenty years have witnessed new or lingering demands for statehood in different areas of the world. The claims of some, like those of Bosnia and Herzegovina, Eritrea, Croatia, Georgia and East Timor, have achieved general recognition; those of others, like Kosovo, Tamil Eelam, South Ossetia, Abkhazia and Somaliland, have not. However, even as most of these claims gave rise to major conflicts and international controversies, the criteria for acknowledgment of new states have elicited little systematic scholarship. Drawing upon writings of English School theorists, this study charts the practice from the late eighteenth century until the present. Its central argument is that for the past two hundred years state recognition has been tied to the idea of self-determination of peoples. Two versions of the idea have underpinned the practice throughout most of this period - self-determination as a negative and a positive right. The negative idea, dominant from 1815 to 1950, took state recognition to be acknowledgment of an achievement of de facto statehood by a people desiring independence. Self-determination was expressed through, and externally gauged by, self-attainment. The positive idea, prevalent since the 1950s, took state recognition to be acknowledgment of an entitlement to independence in international law. The development of self-determination as a positive international right, however, has not led to a disappearance of claims of statehood that stand outside of its confines. Groups that are deeply dissatisfied with the countries in which they presently find themselves continue to make demands for independence even though they may have no positive entitlement to it. The book concludes by expressing doubt that contemporary international society can find a sustainable basis for recognizing new states other than the original standard of de facto statehood.Trade ReviewFabry...has produced a book that is well-written, well-constructed, well-documented, and truly comprehensive. Fabry's book is an exemplary account of the theory, history and practice of recognising new states. His range is impressive, his nuances valid and his scholarship impeccable. Historians, lawyers and international relations specialists should all welcome this book. * Alan Sked, Diplomacy and Statecraft *The book is highly successful in demonstrating how norms and principles have changed with respect to recognizing states. Fabry is particularly good at clarifying principles and comparing and contrasting them from one period to the next. The cases throughout are well researched and display solid judgment and analysis. The book is crisply written and well organized. * Robert S. Snyder, The Review of Politics *This book is vividly written, well adorned with supporting citations, and one of the best substantive restatements of the law of state recognition. That it features historical details about each period covered, coupled with practical contemporary applications, makes it must reading for anyone in search of expertise on the recognition of statehood. * ASIL UN21 Newsletter *This work contributes positively to collections emphasizing international relations theory and the evolution and operation of international norms, law, and institutions. * S. P. Duffy, Social and Behavioral Sciences *Well-crafted historical chapters ... not over-burdened with theoretical discussions and debate ... [a] rich historical account of two centuries of the birthing of new states. * Daniel M. Green, International Studies Review *Table of ContentsList of Tables ; Acknowledgements ; Introduction ; 1. State Recognition prior to 1815 ; 2. New States in Latin America ; 3. New States in Nineteenth-Century Europe ; 4. New States between 1918 and 1945 ; 5. New States in Decolonization after 1945 ; 6. New States in the Post-Cold War Period ; Conclusion ; Bibliography
£99.88
Oxford University Press, USA International Territorial Administration
Book SynopsisTrusteeship and the civilizing mission in international relations did not end with the emergence of the self-determination entitlement that led to decolonization in the second half of the 20th century. International organizations, whose modern form emerged during the height of colonialism, took on the ''civilizing'' role in the ''post-colonial'' era, internationalizing trusteeship and re-legitimizing it as a feature of international public policy into the bargain. Through analysis of the history of and purposes associated with the involvement of international organizations in territorial administration, such as the UN missions in Kosovo and East Timor, a comparison between this activity and colonial trusteeship, the Mandate and Trusteeship arrangements, and an exploration of the modern ideas of international law and public policy that underpin and legitimize contemporary interventions, this book relates a new history of the concept of international trusteeship.From British colonialist Lord Lugard''s ''dual mandate'' to the ''state-building'' agenda of the High Representative in Bosnia and Herzegovina, Lord Ashdown, wide-ranging links between the complex peace operations of today and the civilizing mission of the colonial era are established, offering a historical, political, and legal framework within which the legitimacy of, and challenges faced by, complex interventions can be appraised. This new history of international trusteeship raises important questions about the role of international law and organizations in facilitating relations of dominations and tutelage, and suggests that the contemporary significance of the self-determination entitlement needs to be re-evaluated.Trade Review'Dr. Wilde's review of the nature and purposes of international territorial administration is definitely a must read. Dr. Wilde has carried out extensive and well documented analysis of this mechanism demonstrating his deep knowledge of international territorial administration projects. The link made between international territorial administration projects and other institutions of international law which are now seen as illegitimate (e.g. colonialism) raises very interesting and important questions about the legitimacy of contemporary international territorial administration projects. This is definitely an element to be considered to ensure that this practice remains acceptable to the international community. * Vincent Roobaert, NATO Legal Gazette *... an admirably thorough analysis of ITA, which takes account of all the major scholarship on the subject, together with a highly original though not entirely uncontentious interpretation of this intriguing historical phenomenonit endeavours-and succeeds-in shifting our perspective on a familiar topic. It is an important book that deserves wide readership. * Richard Caplan, University of Oxford, The British Yearbook of International Law, issue 79 *Table of Contents1. A New Field of Analysis ; 2. The Institution of International Territorial Administration ; 3. The Idea of International Territorial Sovereignty ; 4. Host Territories - States and State Territories ; 5. Host Territories - Self-Determination Units ; 6. Establishing the Policy Institution: Purposive Analysis ; 7. Implementing International Law and Policy ; 8. Colonialism and Trusteeship Redux? Imperial Connections, Historical Evolution, and Legitimation in the 'Post-Colonial' Era ; 9. Analysing International Territorial Administration
£45.99
Oxford University Press Brierlys Law of Nations
Book SynopsisThis concise book is an introduction to the role of international law in international relations. Written for lawyers and non-lawyers alike, the book first appeared in 1928 and attracted a wide readership. This new edition builds on Brierly''s scholarship and his idea that law must serve a social purpose. Previous editions of The Law of Nations have been the standard introduction to international law for decades, and are widely popular in many different countries due to the simplicity and brevity of the prose style. Providing a comprehensive overview of international law, this new version of the classic book retains the original qualities and is again essential reading for all those interested in learning what role the law plays in international affairs. The reader will find chapters on traditional and contemporary topics such as: the basis of international obligation, the role of the UN and the International Criminal Court, the emergence of new states, the acquisition of territory, thTrade Review[Brierly's Law of Nations] is compact, concise and erudite. Above all, it is distinguished among law books for its clarity and simplicity of expression... This classic text has been rendered brilliantly up to date to create a readable and authoritative work of reference for general readers as well as lawyers and law students. * Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers *...an inspired and very impressive work indeed...If the chief qualities that made Brierly stand out were its straightforward and fluent prose, a balanced choice of topics discussed, and above the hopeful and humane - yet unfailingly sober - assessment of the role of international law in the world community by which the analysis was underlain, then these qualities have been admirably preserved and in fact honed to perfection. * Eirik Bjorge, Law Quarterly Review *The excellence of these new editions of Brierly and Brownlie is unquestionable. Both student and hardened old-hand - and those in between - will find much in them that is challenging and memorable. This reflects the extraordinary abilities of both the original authors and the new editors. The books are also, as before, complementary (and will continue to be found as close companions on the library bookshelf). Anyone coming new to international law who reads both will acquire a rounded picture of the modern role and rules of public international law. Each is highly recommended, indeed essential for any law library. Given their competitive price, they are also suitable additions for any private collection of public international law books. * Omri Sender and Michael Wood, The American Journal of International Law *You do want a copy of this. You know you do. This would make a great holiday gift for your favorite international lawyer too, and we just can't say that about most law books. Grab a hot cup of tea, build a warm fire, and enjoy some time with a classic text on international law. * Mark Wojcik, International Law Prof Blog *Table of ContentsPreface To The First Edition ; Preface To The Seventh Edition ; 1. The Origins of International Law ; 2. The Basis of Obligation In International Law ; 3. The Legal Organization of International Society ; 4. States ; 5. The Territory of States ; 6. Jurisdiction ; 7. Treaties ; 8. International Disputes and the Maintenance of International Peace and Security ; 9. Resort to Force
£126.96
Pluto Press Beyond Occupation Apartheid Colonialism and
Book SynopsisA damning analysis of Israel's evasion of international lawTrade Review'This compelling study, by reputable legal scholars, answers the international community's need for new analytical tools to understand a conflict that defies conventional legal categories' -- George Bisharat, Professor of Law, University of California Hastings College of the Law'An excellent and very full study that examines in great detail the legal concepts of colonialism and apartheid, and considers their implications in the context of the Occupied Palestinian Territories' -- Christine Chinkin, Professor of International Law, London School of Economics and Political Science'Like many fellow South Africans, while visiting the occupied Palestinian territories I've been shocked to see Israel following or even exceeding the oppressive practices of the apartheid regime that we fought for decades. This study confirmed my worst impressions, and I believe its findings should receive urgent attention' -- Ronnie Kasrils, former Minister of Intelligence Services, Republic of South Africa'This study examines the increasingly frequent assertion that Israel is practising apartheid in the Occupied Palestinian Territory within the normative framework of contemporary international law. Its conclusion, based on a careful analysis of law and practices in apartheid South Africa and in the Occupied Palestinian Territory, reveals a new and troubling dimension of a conflict that has long confronted the international community' -- John Dugard, Professor of Law at Leiden University and former Special Rapporteur for the UN Human Rights Committee on the situation in occupied Palestinian territoryTable of ContentsPreface 1. Sources Of Law And Key Concepts 2. The Legal Context In the Occupied Palestinian Territories 3. Review of Israeli Practices Relative to the Prohibition of Colonialism 4. Review of Israeli Practices Relative to the Prohibition of Apartheid 5. Conclusion — Legal Implications Notes Index
£29.75
Edward Elgar Publishing Ltd State Theory and the Law
Book SynopsisTrade Review‘This is a timely book that takes a fresh look at an old concept: the state! The original approach chosen by Thomas Vesting consists in a new theory of the state that is focused on its cognitive and cultural meaning. It builds a bridge between legal and political sciences and sheds new light on the knowledge base of both state and society. It rewrites the history of the state and reconfigures the conception of the state of the network society.’ -- Karl-Heinz Ladeur, University of Hamburg, GermanyTable of ContentsContents: Preface 1. The state and state theory 2. The model of liberal democracy 3. The state’s monopoly on the use of force: the early modern territorial state 4. The self-organization of society: the constitutional state 5. Expanding the mission of the state: the welfare state 6. Building order from fragments: the network state 7. Looking forward: the enduring significance of the state in the age of globalization Bibliography Index
£31.30
Edinburgh University Press Denying the Spoils of War
Book SynopsisJoseph O'Mahoney systematically analyses 21 case studies including the Manchurian Crisis, the Turkish invasion of Cyprus and Russia's annexation of Crimea to explore why so many states have adopted a policy of non-recognition of the spoils of war.
£22.79
University of Toronto Press Agents and Structures in CrossBorder Governance
Book SynopsisIn North America and Europe, cross-border governance arrangements have provided formal and informal frameworks to support cross-border cooperation. Analysing how these frameworks have emerged, the ways in which they have become institutionalized, and the processes by which they change is fundamental. Moreover, these frameworks are increasingly challenged by border securitization, thus limiting or jeopardizing decades of cross-border cooperative governance and coordinated public policies. Agents and Structures in Cross-Border Governance offers a series of case studies that explore these complex dynamics. To understand a range of cross-border governance frameworks, this collection addresses such topics as infrastructure development and management, resource sharing, regional politics, economics, security, human rights, the environment, culture, and community. The book explains how cross-border governance schemes have sought to mitigate some of the negative consequences Table of ContentsIntroduction 1. Cross-Border Governance: A Common Theoretical Framework and Comparative Approach Bruno Dupeyron, Andrea Noferini, and Tony Payan Part 1: Cross-Border Governance in North America: From Multipolar to Monocentric Governance 2. ‘Getting It:’ Business NGOs and Political Actors Talk about the US-Mexico Border Kathleen Staudt and Pamela L. Cruz 3. The Structure of Cross-Border Governance on the US-Mexico Border Tony Payan 4. Incumbent and Challenger Stakeholders in the San Diego-Tijuana Border Region: Economics and Migration Eduardo Mendoza-Cota 5. Mexico’s “Drug War,” the Energy Sector, and an Emerging Strategic Action Field Guadalupe Correa-Cabrera 6. Re-shaping Cross-Border Governance in the Pacific Northwest Borderlands Victor Konrad 7. Revisiting “Paradiplomacy” in the Quebec-US-States Cross-Border Area Bruno Dupeyron Part 2: Cross-Border Governance in Europe: A Steady but Contested Multi-level Governance 8. Actors and Policy Outcomes in the Euroregion Pyrenees Mediterranean: From the Emergence to the Stabilization of the Field (1990–2018) Andrea Noferini 9. Cross-Border Islands Governance: A Field Analysis of the Italy-Malta Interreg Program Francesco Camonita 10. A Bird’s Eye-View of Cross-Border Governance Dynamics along the Pyrenees (France-Spain Border) Matteo Berzi 11. Cultural Policy within Euroregions: Dynamics of a Cross-Border Sectoral Field Thomas Perrin 12. Galicia and the Region of North Portugal: An Experience of Cross-Border Cooperation in the Portugal-Spain Border Celso Cancela Outeda 13. Cooperation and Cross-Border Conflicts in Cerdanya (Spain-France Border) in Early Twenty-First Century Environmental and Economic Crises Xavier Oliveras 14. The Evolving Cross-Border Cooperation of Nouvelle Aquitaine–Euskadi–Navarre (Western Pyrenees Boundary): Multiple Actors and Aims of Cooperation Antoni Durà-Guimerà Conclusion 15. Comparing Cross-Border Governance in North America and Europe: Conclusions Bruno Dupeyron, Andrea Noferini, and Tony Payan
£47.60
Manchester University Press I Want to Break Free: A Practical Guide to Making
Book SynopsisAre you fed up with the divided and unequal society or suffocating laws and regulations of the country where you live? Ever dreamed of starting your own country or just want to understand how that happens? In this refreshing new book, Matt Qvortrup provides a step-by-step guide to forming an independent country, from organising a referendum and winning it, to receiving official international recognition, establishing a currency and even entering the Eurovision song contest. The book delves into the legal, economic and political problems of creating new states, using historical examples and anecdotes from all over the world to illustrate the obstacles to these campaigns. Qvortrup recounts his globetrotting experiences as an expert consultant on referendums to give a no-nonsense explanation of the many hurdles and barriers, as well as the opportunities for those who want to break free.Trade Review‘I want to break free is the unapologetic book of political independence movements, by an advisor who has both global, ground-level political experience and encyclopaedic historic knowledge. Would-be states need this book as much as existing states in danger of runaway nations. If you are neither of these, you will simply find this book immeasurably informative and entertaining.’Dahlia Scheindlin, PhD., international political consultant and foreign affairs analyst'Matt Qvortrup’s concise book provides an expert guide to the practical issues of making a country formally independent, self-governing and part of the community of democratic nation-states. Myths are challenged, and historic and contemporary examples drawn from, which are relevant to how we make sense of independence in the age of interindependence. Essential reading for anyone with an interest in self-government in Scotland, Catalonia and elsewhere.'Gerry Hassan, Professor of Social Change, Glasgow Caledonian University and author of Scotland Rising: The Case for Independence'Full of insight and rich detail, Matt Qvortrup’s important new book provides an engaged and wonderfully engaging study of the passions and politics of state making.'Professor Alastair Bonnett, author of Off The Map and Beyond The Map'This book is a pearl within the study of secessionism that could only be written by someone knowing both the realpolitik of state-making and the depths of the multiple academic debates on this topic.'Marc Sanjaume-Calvet, Regional & Federal Studies'A good, well-written, practical survey of much of the law, politics, & economics of secession which should be informative to secessionists and counter-secessionists both.'Mark McGeoghegan, doctoral researcher at the University of Glasgow'Overall, this book is refreshing and excellent, making it easy to recommend. It renders visible and accessible to a wider audience things that would be easily recognisable to specialists. For those of us outside of the small circles of the Scottish and British insider political classes, looking in from diverse standpoints, I want to break free clearly explains what is possible and, in general terms, how. It doesn’t play down how hard it is, and it doesn’t dumb down nor back down from the difficult issues. In thinking about ‘the now’ and the ‘not yet’ in Scotland, such a pragmatic contribution is very welcome.'Hannah Graham, Bella Caledonia'How does a would-be nation become a legitimate, internationally recognized state? This short, accessible book is framed as a step-by-step guide to nation-building. In it, Matt Qvortrup paints secessionism as a very public divorce; or, at least, a trial separation.'Kerryn Baker, Australian National University -- .Table of ContentsIntroduction1 A brief history of self-determination and the making of new states2 Start me up: how to establish a movement and win support3 What’s law got to do with it? The legal side of creating a new state4 The power and the passion: the international politics of creating a new state5 Constitution building: rebuilding the ship at sea6 Shake your money maker: the economics of becoming a new countryConclusions: bringing it all back homeIndex
£12.99
Manchester University Press Cyber-Espionage in International Law: Silence
Book SynopsisWhile espionage between states is a practice dating back centuries, the emergence of the internet revolutionised the types and scale of intelligence activities, creating drastic new challenges for the traditional legal frameworks governing them.This book argues that cyber-espionage has come to have an uneasy status in law: it is not prohibited, because spying does not result in an internationally wrongful act, but neither is it authorised or permitted, because states are free to resist foreign cyber-espionage activities. Rather than seeking further regulation, however, governments have remained purposefully silent, leaving them free to pursue cyber-espionage themselves at the same time as they adopt measures to prevent falling victim to it.Drawing on detailed analysis of state practice and examples from sovereignty, diplomacy, human rights and economic law, this book offers a comprehensive overview of the current legal status of cyber-espionage, as well as future directions for research and policy. It is an essential resource for scholars and practitioners in international law, as well as anyone interested in the future of cyber-security.Table of ContentsPart I: IntroductionIntroduction to Part I1 Main notions1.1 The concept of ‘cyber-espionage’1.2 The concept of ‘cyber-space’2 Methodological and conceptual frameworks2.1 The determination of law2.1.1 The approach to treaty interpretation2.1.2 The approach to sources2.2 The concept of normative avoidance2.2.1 Definition2.2.2 NoveltyPart II: The rules connected to territorial integrityIntroduction to Part II3 Territorial sovereignty3.1 The dissimilarities between physical trespass and digital intrusion3.1.1 Espionage per se is not an international wrongful act3.1.2 The lack of an analogy between digital and physical intrusions3.2 The ‘do-not-harm’ challenge and the minimal effects of cyber-espionage4 Collective security law4.1 A traditional interpretation of the UN Charter does not result in a regulation of cyber-espionage4.2 Alternative interpretations of cyber-espionage do not result in the regulation of cyber-espionage4.2.1 Interpretation based on meta-rules4.2.2 Teleological interpretation5 The law applicable between belligerent States5.1 The territorial rationale of the regulation of espionage between belligerents5.1.1 The categories of spies defined by the law of armed conflict5.1.2 The challenging application of rules about espionage in a digital space5.2 A lack of State support in favour of the application of espionage-related rules in cyber-space6 The law applicable between belligerent and non-belligerent States6.1 The absence of a regulation by rules on material operations6.1.1 The obligations between belligerents6.1.2 The obligations on neutral States6.2 A limited restriction of cyber-espionage by rules on the use of telecommunications6.2.1 The obligations between belligerents6.2.2 The obligations on neutral StatesConclusion to Part IIPart III: The rules disconnected from territorial integrityIntroduction to Part III7 The law of diplomatic relations7.1 Indirect regulation of espionage by embassies7.1.1 The accreditation of the mission7.1.2 The performing of the mission7.2 Indirect regulation of espionage on embassies7.2.1 The lack of regulation by the inviolability of diplomatic premises7.2.2 The incompatibility of cyber-espionage with the rules protecting the inviolability of archives and documents8 International economic law8.1 The absence of a prohibition of economic cyber-espionage8.1.1 The absence of a prohibition by national treatment8.1.2 The absence of a prohibition by the obligation to protect undisclosed information8.2 The tolerance of cyber-espionage required for the preservation of essential security interests8.2.1 Cyber-espionage activities in peacetime8.2.2 Cyber-espionage in a time of war or other emergency in international relations9 International human rights law9.1 The absence of extraterritorial jurisdiction in the event of remote cyber-espionage activities9.2 The measured regulation of surveillance activities by the right to privacy9.2.1 Interference and legality9.2.2 Legitimacy and proportionality10 State practice10.1 The unanimous prohibition of espionage by domestic criminal laws10.1.1 The traditional prohibition of espionage10.1.2 The progressive prohibition of digital intrusions and interceptions10.2 The predominant authorisation of one’s own intelligence activities against other States10.2.1 Provisions authorising intelligence gathering10.2.2 Grounds allowing intelligence collection11 Opinio juris11.1 The absence of a right to spy11.2 The absence of a prohibition on espionageConclusion to Part IIIConclusionIndex
£76.50
NewSouth Publishing How to Rule Your Own Country: The weird and
Book SynopsisMany people think they can do a better job running a country than politicians – but few actually give it a go. What happens when political disagreement pushes to the point of no return? When a person has a dream of what their ideal country would be, and then tries to create it? A place where there is no monarchy, or no taxes, or no government regulation …There are around 130 of these countries – better known as micronations –across the globe. One third of them are in Australia. Harry Hobbs and George Williams take us into some of the most prominent and fascinating micronations around the world, including the Principality of Hutt River, the Principality of Sealand, the Republic of Minerva, the Principality of New Utopia and more.How to Rule Your Own Country is a lively account of the people who decide that 'enough is enough' and create their own nation.
£19.76
Edward Elgar Publishing Ltd Polar Geopolitics?: Knowledges, Resources and
Book SynopsisThe polar regions (the Arctic and Antarctic) have enjoyed widespread public attention in recent years, as issues of conservation, sustainability, resource speculation and geopolitical manoeuvring have all garnered considerable international media interest. This critical collection of new and original papers - the first of its kind - offers a comprehensive exploration of these and other topics, consolidating the emergent field of polar geopolitics. The expert international contributors to this volume offer a range of insightful comparative, interdisciplinary and global perspectives on polar issues. Key topics discussed include resource extraction, regime formation, knowledge construction, border issues, governance and treaties, and indigenous livelihoods. Contributions from scholars of history, geography, political science, anthropology and international law make this a truly comprehensive take on the current state and future prospects of both the polar regions and polar geopolitics as a distinct discipline. Students and professors of geopolitics, political science and geography - especially those with an interest in the polar regions - will find much of value in this book s concrete expression of a new and fascinating field.Trade Review'There is a renewed interest on the polar oceans in general and, in particular, the Arctic as a political and economic space that is 'opening up' because of the reported thawing of sea ice. This is making the Arctic more accessible to various economic, political and scientific activities; yet the Arctic is not covered by a comprehensive regional treaty-based legal regime. This is certainly the right moment for books such as Polar Geopolitics? to appear. The recent geopolitical literature on polar affairs in general and the Arctic in particular includes notable contributions to these corners of the world, but is also characterised by overly speculative and opinionated accounts that are valuable mostly as research materials for interrogations on polar geopolitics. The edited collection by Powell and Dodds, both recognised experts in this area of research, clearly belongs to the better part of this emerging literature. The book is exceptional in that it attempts to focus on both polar regions within one volume but also problematises this endeavour, asking whether it is analytically tenable to write about a polar geopolitics at all' --Sami Moisio, Area Royal Geographical Society'This is a strong, balanced and provocative collection that is truly more than the sum of its parts, thanks to well-informed editorial hands. I am sure that this volume will become a standard reference in future discussions of polar geopolitics, for many years to come. This is a very valuable book.' --Frances D. Abele, Carleton University, CanadaTable of ContentsContents: PART I: GLOBAL AND REGIONAL FRAMEWORKS 1. Polar Geopolitics Richard C. Powell and Klaus Dodds 2. The Polar Regions and the Law of the Sea Donald R. Rothwell 3. Defining and Recognizing the Outer Limits of the Continental Shelf in the Polar Regions Harald Brekke 4. Re-justifying the Antarctic Treaty System for the 21st Century Alan D. Hemmings 5. Adapting Governance and Regulation of the Marine Arctic Erik J. Molenaar PART II: NATIONAL VISIONS 6. ‘We Have Proved It, the Arctic is Ours’ Andrew Foxall 7. Maintaining Hegemony at a Distance Philip E. Steinberg 8. ‘Securing’ Geography Berit Kristoffersen 9. The Reluctant Arctic Citizen Sverker Sörlin 10. China, Canada and Framings of Arctic Geopolitics Chih Yuan Woon 11. (Re)Assembling Britain’s ‘Arctic’ Duncan Depledge 12. Connecting Southern Frontiers Matt Benwell 13. Militant Geography and Frontier Vigilantism Klaus Dodds PART III: INDIGENOUS AND NORTHERN GEOPOLITICS 14. Northern Geopolitics Lassi Heininen 15. Making Sense of Contemporary Greenland Jeppe Strandsbjerg 16. Pipeline Politics in Northwest Canada Mark Nuttall 17. Narratives, Bureaucracies and Indigenous Legal Orders Hannah Strauss and Nuccio Mazzullo
£114.95
Edward Elgar Publishing Ltd Research Handbook on Territorial Disputes in
Book SynopsisTerritorial 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.Contributors include: M.J. Aznar, T. Christakis, A. Constantinides, K. Del Mar, G. Distefano, M. Hébié, P. Klein, M. Kohen, V. Koutroulis, S. Lee, G. Nesi, K. ParlettTrade Review‘The Research Handbook on Territorial Disputes in International Law certainly has conquered its place among the fundamental literature on the law of territory.’ -- Michael J Moffatt, Austrian Review of International and European Law'Territorial disputes were to be found at the origins of international law, as well as present in a number of current affairs. State sovereignty, the delimitation of territories according to all pertinent circumstances, the authority of legal titles, and the respect not only for the consent of the interested States but also for the rights of people and human rights, count among the fundamental principles governing the matter, which remains thereby still at the core of modern international law. All the applicable rules are studied and systematically analyzed in this remarkable and comprehensive book of which the plurality of the authors does not impair the profound consistency.' --Pierre-Marie Dupuy, Professor of International Law, Graduate Institute, Switzerland and International ArbitratorTable of ContentsContents: Introduction to the Research Handbook on Territorial Disputes in International Law Marcelo G. Kohen and Mamadou Hébié 1. Territorial conflicts and their international legal framework Marcelo G. Kohen and Mamadou Hébié Part I The establishment of title of sovereignty over a territory 2. The acquisition of original titles of territorial sovereignty in the law and practice of European colonial expansion Mamadou Hébié 3. The acquisition of derivative titles of territorial sovereignty in the law and practice of European colonial expansion Mamadou Hébié 4. Titles and Effectivités in Territorial Disputes Marcelo G. Kohen 5. State conduct in territorial disputes beyond effectivités: Recognition, acquiescence, renunciation and estoppel Kate Parlett 6. Boundaries Giuseppe Nesi Part II The impact of fundamental principles of international law 7. Territorial disputes and the use of force Pierre Klein and Vaios Koutroulis 8. Territorial settlements in peace treaties Seokwoo Lee 9. The human factor in territorial disputes Mariano J. Aznar 10. Territorial disputes in the context of secessionist conflicts Theodore Christakis and Aristoteles Constantinides Part III Technical rules in territorial disputes settlement 11. Time factor and territorial disputes Giovanni Distefano 12. Evidence in territorial disputes Katherine Del Mar Conclusion Marcelo G. Kohen and Mamadou Hébié Bibliography Index
£203.30
Edward Elgar Publishing Ltd Territoriality and International Law
Book SynopsisThis timely research review discusses key articles dealing with the importance of territory for international law in its relationship with power, state building and globalization. The collection also analyses the evolution and scope of the law of acquisition of territory from colonial times until today, the emergence of new areas for the territorial expansion of states and border delimitation rules. Finally, the review investigates the impact of the human dimension in the way international law addresses territorial issues, particularly the individual and collective human rights, including indigenous peoples and the right to self-determination. Table of ContentsContents: Introduction Marcelo G. Kohen PART I TERRITORIALITY: A KEY FACTOR IN INTERNATIONAL LAW AND RELATIONS 1. Jean Gottmann (1973), ‘The People and Their Territory: The Partitioning of the World’, in The Significance of Territory, Chapter 1, Charlottesville, VA: University Press of Virginia, 1–15 2. M.N. Shaw (1982), ‘Territory in International Law’, Netherlands Yearbook of International Law, 13, December, 61–91 3. Miles Kahler (2006), ‘Territoriality and Conflict in an Era of Globalization’, in Miles Kahler and Barbara F. Walter (eds), Territoriality and Conflict in an Era of Globalization, Chapter 1, Cambridge, UK and New York: NY: Cambridge University Press, 1–21, references PART II THE EVOLUTION AND SCOPE OF THE LAW OF ACQUISITION OF TERRITORY 4. Marcelo G. Kohen and Mamadou Hébié (2012), ‘Territory, Acquisition’, in Rüdiger Wolfrum (ed.), The Max Planck Encyclopedia of Public International Law, Vol. IX, Oxford, UK and New York, NY: Oxford University Press, 887–900 5. A.L.W. Munkman (1972–73), ‘Adjudication and Adjustment – International Judicial Decision and the Settlement of Territorial Boundary Disputes’, British Yearbook of International Law, 46, 1–116 6. Friedrich August Freiherr von der Heydte (1935), ‘Discovery, Symbolic Annexation and Virtual Effectiveness in International Law’, American Journal of International Law, 29 (3), July, 448–71 7. Philip C. Jessup (1928), ‘The Palmas Island Arbitration’, American Journal of International Law, 22 (4), October, 735-52 8. Marcelo Kohen (2013), ‘Original Title in the Light of the ICJ Judgment on Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge’, Journal of the History of International Law, 15 (2), 151–71 9. D.H.N. Johnson (1950), ‘Acquisitive Prescription in International Law’, British Yearbook of International Law, 27, 332-54 10. Georg Schwarzenberger (1957), ‘Title to Territory: Response to a Challenge’, American Journal of International Law, 51 (2), April, 308–24 11. Roger O’Keefe (2011), ‘Legal Title versus Effectivités: Prescription and the Promise and Problems of Private Law Analogies’, International Community Law Review, 13 (1-2), 147–88 PART III THE EMERGENCE OF NEW AREAS FOR TERRITORIAL EXPANSION 12. W. Lakhtine (1930), ‘Rights over the Arctic’, American Journal of International Law, 24 (4), October, 703–17 13. Benedetto Conforti (1986), ‘Territorial Claims in Antarctica: A Modern Way to Deal with an Old Problem’, Cornell International Law Journal, 19, 249–58 14. Hans Kelsen (1956), ‘Contiguity as a Title to Territorial Sovereignty’, in Walter Schätzel and Hans-Jürgen Schlochauer (eds), Rechtsfragen der Internationalen Organisation: Festschrift für Hans Wehberg zu seinem 70. Geburstag, Frankfurt-am-Main, Germany: Vittorio Klostermann, 200–210 PART IV THE DELIMITATION OF THE TERRITORIAL DOMAIN OF STATES 15. Ian Brownlie (2002), ‘Boundary Problems and the Formation of New States’, in David Freestone, Surya Subedi and Scott Davidson (eds), Contemporary Issues in International Law: A Collection of the Josephine Onoh Memorial Lectures, The Netherlands, Holland and Boston, MA: Kluwer Law International, 185–95 16. Santiago Torres Bernárdez (1994), ‘The “Uti Possidetis Juris Principle” in Historical Perspective’, in Konrad Ginther, Gerhard Hafner, Winfried Lang, Hanspeter Neuhold and Lilly Sucharipa-Behrmann and Karl Zemanek (eds), Völkerrecht zwischen normativen Anspruch und politischer Realität: Festschrift für Karl Zemanek zum 65. Geburtstag, Berlin, Germany: Duncker and Humblot, 417–37 17. Steven R. Ratner (1996), ‘Drawing a Better Line: UTI Possidetis and the Borders of New States’, American Journal of International Law, 90 (4), October, 590–624 18. Kaiyan Homi Kaikobad (1983), ‘Some Observations on the Doctrine of Continuity and Finality of Boundaries’, British Yearbook of International Law, 54 (1), 119–41 PART V THE HUMAN DIMENSION: BETWEEN THE RESPECT FOR INDIVIDUAL RIGHTS AND THE RIGHT OF PEOPLES TO SELF-DETERMINATION 19. S.K.N. Blay (1986), ‘Self-Determination versus Territorial Integrity in Decolonization’, New York University Journal of International Law and Politics, 18, 441–72 20. Katherine Del Mar (2013), ‘The Myth of Remedial Secession’, in Duncan French (ed.), Statehood and Self-Determination: Reconciling Tradition and Modernity in International Law, Chapter 3, Cambridge, UK: Cambridge University Press, 79–108 21. Marcelo Kohen and Mara Tignino (2013), ‘Do Peoples have Rights in Boundaries’ Delimitations?’, in Laurence Boisson de Chazournes, Christina Leb and Mara Tignino (eds), International Law and Freshwater: The Multiples Challenges, Chapter 6, Cheltenham, UK and Northampton, MA: Edward Elgar Publishing, 95–122 PART VI THE USE OF FORCE AND ITS IMPACT FOR TERRITORIAL CHANGE 22. Adam Roberts (1984), ‘What is Military Occupation?’, British Yearbook of International Law, 55 (1), 249–305 23. Yehuda Z. Blum (1968), ‘The Missing Reversioner: Reflections on the Status of Judea and Samaria’, Israel Law Review, 3 (2), 279-301 PART VII CONCLUSION: IS TERRITORIAL SOVEREIGNTY OBSOLETE? 24. Marcelo G. Kohen (2000), ‘Is the Notion of Territorial Sovereignty Obsolete?’, in Martin Pratt and Janet Allison-Brown (eds), Borderlands under Stress, Chapter 3, Dordrecht, Germany: Kluwer Law International, 35–47 [13] Index
£301.00
Edward Elgar Publishing Ltd Between Flexibility and Disintegration: The
Book SynopsisDifferentiation was at first not perceived as a threat to the European project, but rather as a tool to promote further integration. Today, more EU policies than ever are marked by concentric circles of integration and a lack of uniform application. As the EU faces increasingly existential challenges, this timely book considers whether the proliferation of mechanisms of flexibility has contributed to this newly fragile state or whether, to the contrary, differentiation has been fundamental to integration despite the heterogeneity of national interests and priorities. Written by emerging and established experts in the field, the chapters examine the present and future of differentiation in EU law. Part I covers general institutional aspects, with contributors examining the nature and characteristics of the various institutional and extra-institutional forms of differentiation. Part II takes a policy-oriented perspective, focussing on areas of EU law and policy in which differentiated integration is prevalent or particularly intriguing. This includes Economic and Monetary Union, the internal market, justice and home affairs, and foreign policy. Differentiated integration is now a defining feature of the EU polity, with the potential to impact almost every facet of EU regulation. This book will be essential reading for students and academics in EU law or anyone interested in the future of EU integration.Contributors include: V. Borger, M. Dawson, M. de Visser, B. De Witte, W. Devroe, A. Durana, N. El-Enany, C. Fasone, E. Ferran, E. Herlin-Karnell, C. Herrmann, S. Kingston, P. Koutrakos, A. Ott, S. Peers, D. Thym, P. Van Cleynenbreugel, S. Van den Bogaert, A.P. van der Mei, E. Vos, M. WeimerTable of ContentsContents Introduction Bruno De Witte, Andrea Ott and Ellen Vos Part I: Institutional Dimension 1. Variable Geometry and Differentiation as Structural Features of the EU Legal Order Bruno De Witte 2. Competing Models for Understanding Differentiated Integration Daniel Thym 3. Enhanced Cooperation: The Cinderella of Differentiated Integration Steve Peers 4. Modes of Flexibility: Framework Legislation v ‘Soft’ Law Mark Dawson and Alieza Durana 5. Differentiated Representation: Is a Flexible European Parliament Desirable? Deirdre Curtin and Cristina Fasone 6. Differentiation through Accession Law: Free Movement Rights in an Enlarged European Union Andrea Ott 7. Flexibility and Differentiation: A Plea for Allowing National Differentiation in the Fundamental Rights Domain Maartje de Visser and Anne Pieter van der Mei Part II: Policy-specific Aspects 8. Differentiated Integration in EMU Stefaan Van den Bogaert and Vestert Borger 9. Differentiated Integration in the Field of Economic and Monetary Policy and the Use of “(Semi-)Extra” Union Legal Instruments – The Case for “Inter Se Treaty Amendments” Christoph Herrmann 10. European Banking Union and the EU Single Financial market: More Differentiated Integration, or Disintegration? Eilís Ferran 11. The Financial Transaction Tax Project Pieter Van Cleyenbreugel and Wouter Devroe 12. Differentiated Integration or Uniform Regime? National Derogations from EU Internal Market Measures Ellen Vos and Maria Weimer 13. Flexibility in EU Environmental Law and Policy: A Response to Complexity, or Fig Leaf for Expediency? Suzanne Kingston 14. The Perils of Differentiated Integration in the Field of Asylum Nadine El-Enany 15. Between Flexibility and Disintegration in EU Criminal Law Ester Herlin-Karnell 16. Foreign Policy between Opt-outs and Closer Cooperation Panos Koutrakos Index
£137.00
Edward Elgar Publishing Ltd Handbook on the Politics of Antarctica
Book SynopsisThe Antarctic and Southern Ocean are hotspots for contemporary endeavours to oversee 'the last frontier' of the Earth. The Handbook on the Politics of Antarctica offers a wide-ranging and comprehensive overview of the governance, geopolitics, international law, cultural studies and history of the region. Written by leading experts, the Handbook brings together the very best interdisciplinary social science and humanities scholarship on the Antarctic and Southern Ocean, offering a definitive statement on why the world's only uninhabited continent attracts global attention in terms of science, politics and natural resources - and what can be done to manage it. Four sections take readers from the earliest human encounters to contemporary resource exploitation and climate change through thematic and critical analyses: the exploration, exploitation and mapping of Antarctica; its emergence as an object of global interest; human behaviour and environmental change in response to managerial interventions; and a contemplation of possible futures for Antarctica. All topics are covered in accessible yet authoritative contributions. Specialist readers in polar regions, public international law, geography, geopolitics and international relations will appreciate this uniquely comprehensive and up-to-date examination of politics in and around Antarctica, as will scholars with interest in areas beyond national jurisdiction, peace/co-operation studies and the interface between public policy and science.Contributors include: A.E. Abdenur, D.G. Ainley, A. Antonello, D. Avango, P.J. Beck, M. Benwell, L.E. Bloom, A.-M. Brady, C. Braun, N. Brazell, C. Brooks, I. Cardone, S.L. Chown, C. Collis, R. Davis, K. Dodds, A. Elzinga, F. Francioni, M. Haward, A.D. Hemmings, F. Hertel, A. Howkins, J. Jabour, S. Kaye, R.D. Launius, E. Leane, D. Liggett, H. Nielsen, E. Nyman, O. Olsson, H. Österblom, H.-U. Peter, P. Roberts, R. Roura, J.F. Salazar, D. Sampaio, S.V. Scott, T. Stephens, E. Stewart, L.-M. van der Watt, N. Vanstappen, P. Vigni, R. Wolfrum, J. Wouters, O. YoungTrade Review'Quite breathtaking in its coverage, this brilliantly conceived and meticulously edited Handbook on the Politics of Antarctica is the most competent collection of contributions by leading experts to be published to date. An innovative, interdisciplinary conceptualization of Antarctica, offering theoretically informed analysis of various facets of Antarctic governance and geopolitics, further enhance the universal appeal of this extraordinary effort and virtually guarantee its presence on the bookshelves of libraries.' --Sanjay Chaturvedi, Panjab University, India'Antarctica is known as a continent for science, yet to understand this vast polar region requires an understanding of its politics as much as it does knowledge of the dynamics of its ice shelves, its sub-glacial lakes, its oceanography, and its role in the global climate system. This comprehensive, superbly-edited volume of well-crafted essays provides up-to-date coverage on a range of contemporary issues, including governance, regulation, international law, tourism, images, and representations. This is essential reading for anyone concerned with the politics of and about Antarctica and its global relevance.' --Mark Nuttall, University of Alberta, CanadaTable of ContentsContents : 1. Introduction Alan D. Hemmings, Klaus Dodds and Peder Roberts PART I: CONCEPTUALIZING ANTARCTICA 2. Fictionalizing Antarctica Elizabeth Leane 3. Three Waves of Antarctic Imperialism Shirley V. Scott 4. Post-colonial Antarctica Klaus Dodds and Christy Collis 5. Heroic and Post-colonial Antarctic Narratives Nicoletta Brazzelli 6. Antarctica: Feminist Art Practices and Disappearing Polar Landscapes in the Age of the Anthropocene Lisa E. Bloom 7. The Continent for Science Aant Elzinga 8. Mediating Antarctica in Digital Culture: Politics of Representation and Visualisation in Art and Science Juan Francisco Salazar 9. Common Interest and Common Heritage in Antarctica Rüdiger Wolfrum 10. Modern Explorers Peder Roberts 11. Life, Ice and Ocean: Contemporary Antarctic Spaces Alessandro Antonello 12. Selling the South: Commercialisation and Marketing of Antarctica Hanne Nielsen 13. Antarctic Geopolitics Klaus Dodds PART II: ACTING IN AND BEYOND ANTARCTICA 14. Establishing Open Rights in the Antarctic and Outer Space: Cold War Rivalries and Geopolitics in the 1950s and 1960s Roger D. Launius 15. The Originals: The Role and Influence of the Original Signatories to the Antarctic Treaty Marcus Haward 16. Territorial Claims and Coastal States Patrizia Vigni and Francesco Francioni 17. Antarctica and the United Nations Peter J. Beck 18. The EU and the Antarctic: Strange Bedfellows? Nils Vanstappen and Jan Wouters 19. The Past in the Present: Antarctica in China’s National Narrative Anne-Marie Brady 20. A Modest but Intensifying Power? Brazil, the Antarctic Treaty System and Antarctica Daniela Sampaio, Ignacio Javier Cardone and Adriana Erthal Abdenur 21. The Politics of Early Explorers Peder Roberts PART III: REGULATING ANTARCTICA 22. Politics and Environmental Regulation in Antarctica: a Historical Perspective Adrian Howkins 23. Environmental Management: the Fildes Peninsula Paradigm Christina Braun, Fritz Hertel and Hans-Ulrich Peter 24. The Changing Face of Political Engagement in Antarctic Tourism Daniela Liggett and Emma Stewart 25. Southern Ocean Search and Rescue: Politics and Platforms Julia Jabour 26. CCAMLR: An Ecosystem Approach to the Southern Ocean in the Anthropocene Henrik Österblom and Olof Olsson 27. Fishing the Bottom of the Earth: The Political Challenges of Ecosystem-base Management Cassandra M. Brooks and David G. Ainley 28. An Icy Reception or a Warm Embrace? the Antarctic Treaty System and the International Law of the Sea Tim Stephens 29. Svalbard and Antarctica: Problems and Solutions Stuart Kaye 30. Antarctic Cultural Heritage: Geopolitics and Management Ricardo Roura 31. Working Geopolitics: Sealing, Whaling, and Industrialized Antarctica Dag Avango PART IV: FUTURES IN ANTARCTICA 32. Antarctic Politics in a Transforming Global Geopolitics Alan D. Hemmings 33. Antarctic Environmental Challenges in a Global Context Steven L. Chown 34. Argentine Territorial Nationalism in the South Atlantic and Antarctica Matthew C. Benwell 35. Global Legal Norms in the Antarctic Ruth Davis 36. Contemporary Security Concerns Elizabeth Nyman 37. Contemporary Environmental Politics and Discourse Analysis in Antarctica Lize-Marié van der Watt Index
£240.00
Edward Elgar Publishing Ltd Secession in International Law: A New Framework
Book SynopsisSecession in International Law argues that the effective development of criteria on secession is a necessity in today?'s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states?' self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest. By comparing and contrasting various situations and cases of self-determination leading toward secession in different parts of the world, including the recent cases of Scotland, Crimea, and Catalonia, this book serves as an illuminating illustration of past and attempted secessions. Sterio approaches her novel framework with the goal of reconciling the international law norm of territorial integrity with the right to external self-determination, proposing specific and useable guidelines. This unique book will appeal not only to academic audiences, but to state actors, politicians, government members and policy makers as well.Table of ContentsContents: Preface Introduction Part I History of Self-Determination and Secession 1. Self-Determination: Historical Underpinnings 2. Secession 3. Self-Determination, Secession, and Other International Law Norms Part II: Comparative View of Secession Throughout the Twentieth and Twenty-First Centuries 4. Historically Remote Secessions 5. De Facto Secessions 6. Attempted Secessions 7. Successful Recent Secessions Part III: Proposal for New Rules on Secession 8. Inadequacy of Existing International Law Rules 9. A Proposal for a New Framework on Secession Conclusion Bibliography Index
£83.00
Edward Elgar Publishing Ltd Research Handbook on Post-Conflict State Building
Book SynopsisAs a conflict ends and the parties begin working towards a durable peace, practitioners and peacebuilders are faced with the possibilities and challenges of building new or reformed political, security, judicial, social, and economic structures. This Handbook analyzes these elements of post-conflict state building through the lens of international law, which provides a framework through which the authors contextualize and examine the many facets of state building in relation to the legal norms, processes, and procedures that guide such efforts across the globe. The volume aims to provide not only an introduction to and explanation of prominent topics in state building, but also a perceptive analysis that augments ongoing conversations among researchers, lawyers, and advocates engaged in the field. The Research Handbook on Post-Conflict State Building provides keen insights for faculty, graduate and undergraduate students in programs related to peace and conflict, governance, and international justice and law. Practitioners such as United Nations staff, government officials, international institution and think tanks engaged in post-conflict state building will glean important lessons and guidance from the Handbook's chapters. Contributors include: T. Beckelman, S.-T. Bounfour, M.J. Day, M. de Hoon, Y.M. Dutton, R. Friedrich, C.M. Goebel, S.L. Hodgkinson, D.E.W. Johnson, R. Kraemer, C.D. Kreutzner, J.C. Levy, A.C. Mann, B. McGonigle Leyh, N. Narayan, S. Pearlman, F.J. Pecci, R.M. Perito, D.J. Planty, B. Popken, M. Sterio, J. Trahan, G. Visoka, P.R. Williams, J.P. WorboysTrade Review‘. . . this is an excellent collection. . . . The Handbook consists of an introduction and 24 substantive chapters. One strength is the breadth of coverage in those chapters. This book is well-suited for the practitioner or policymaking community, as it lays out the key considerations for those planning and implementing actions for post-conflict societies. What might be less obvious is the utility that the chapters and the book as a whole might have for instruction. These seem almost perfect for a professional masters’ level courses on conflict management and post-conflict reconstruction. Individual chapters might also be used in specialized courses at the same level or for undergraduates. The chapters are clearly organized and written in an accessible fashion for a broad audience.’ -- Paul Diehl, International PeacekeepingTable of ContentsContents: Preface Introduction: The Various Facets of Statebuilding Paul R. Williams and Milena Sterio Part I: Political Infrastructure 1. Post-Conflict Constitution-Making Darin E.W. Johnson 2. Electoral Law and Electoral Reform Jonathan P. Worboys 3. Vetting the Public Sector Betsy Popken Part II: Social Infrastructure 4. Social Cohesion and Inclusivity Milena Sterio and Jessica C. Levy 5. Civil Society Margaux J. Day and Christopher D. Kreutzner 6. Free and Independent Media Paul R. Williams and Sophie Pearlman Part III: Security Infrastructure 7. Disarmament, Demobilization, and Reintegration Christopher M. Goebel and Jessica C. Levy 8. Security Sector Reform Robert M. Perito Part IV: Legacies of the Conflict 9. Transitional Justice Marieke de Hoon 10. Refugees and Internally Displaced Persons Yvonne M. Dutton 11. Property Disputes and Restitution Sandra L. Hodgkinson 12. Reparations for Victims Brianne McGonigle Leyh Part V: Rule of Law 13. Judicial Reform and Rebuilding Jennifer Trahan 14. Human Rights Milena Sterio 15. Minority Protections Nikhil Narayan Part VI: Development 16. Humanitarian Action Elisabeth Dallas and Tyler Beckelman 17. Re-establishing and Reforming the Economy Sârra-Tilila Bounfour 18. Fiscal Arrangements Margaux J. Day Part VII: Case Studies 19. Guatemala: An Unfulfilled Promise Donald J. Planty 20. Brčko: Exemplar or Outlier? Andrew C. Mann 21. Kosovo: A Hybrid Negative Peace Gëzim Visoka 22. Afghanistan: Missteps in Reconstruction Richard Kraemer 23. Iraq: Seeking Stability after Saddam Darin E.W. Johnson 24. Libya: Unforeseen Complexities Roland Friedrich and Francesca Jannotti Pecci Index
£209.00
Edward Elgar Publishing Ltd Research Handbook on Secession
Book SynopsisCombining both theoretical and practical insights, the Research Handbook on Secession addresses a wide range of legal issues surrounding secessions. It considers both well-known examples such as Kosovo and Bangladesh alongside less frequently discussed cases including Somaliland and Palestine, offering state-of-the-art analysis of international law on statehood, secession, self-determination and related topics.Featuring contributions from a range of international scholars and experts, the Research Handbook discusses what a state is, distinguishes between declarations of independence and secessions, and examines the differences between secessions and the dissolution of states. Chapters provide both international law and comparative constitutional perspectives on issues of secession, inviting the reader to think afresh about the role of international law in territory and statehood. The Research Handbook also argues for the possibility that combining insights from international and constitutional law in particular could move the debate forward.This incisive Research Handbook will be crucial reading for scholars and students of constitutional and international law, as well as political science academics, with an interest in statehood and secession-related topics. It will further prove useful for international legal practitioners advising on these issues. Trade Review‘Conceptualizing a Handbook on secession in international law based on the contributions of many authors is a particularly daring exercise in view of a historically controversial nature of secession. The Handbook takes a broad view on the concept and thereby succeeds in bringing forward a holistic approach to secession, which approach is to be privileged in modern-day international scholarship.’ -- Ineta Ziemele, Judge, CJEU, former Judge of the ECtHR and Latvian Constitutional CourtTable of ContentsContents: List of contributors vii Acknowledgements xi 1 Introduction to the Research Handbook on Secession 1 Jure Vidmar, Lea Raible and Sarah McGibbon PART I CONCEPTUALISING THE STATE 2 State creation and the concept of statehood in international law 13 Jure Vidmar and Lea Raible 3 The law of statehood as a constellation of hybrids 29 Jean d’Aspremont 4 The principle of territorial integrity 42 James Summers 5 Self-determination short of secession 59 Brad R Roth 6 Successful secession and the value of international recognition 75 Alex Green PART II INTERNATIONAL PRACTICE PART II.1 DEMOCRACY AND DECLARATIONS 7 Independence referendums in international law 92 Daniel Moeckli and Nils Reimann 8 Distinguishing between declarations of independence and secession 112 Priya Urs PART II.2 CONSTITUTIONAL PROCESSES 9 Scotland’s political and constitutional process: negotiating independence under a flexible constitution 128 Silvia Suteu 10 The secession question in Quebec 148 Patrick Dumberry PART II.3 EXTRACONSTITUTIONAL PROCESSES 11 Secession of Kosovo 167 Jure Vidmar 12 Extraconstitutional secession: the Catalan case and its future 183 Pau Luque 13 Secession in liberal-democratic contexts: lessons from Catalonia 201 Pau Bossacoma Busquets PART II.4 DISSOLUTION OF STATES 14 Dissolution of states 218 Jure Vidmar 15 The dissolution of the USSR 237 Anne Østrup 16 From velvet revolution to purple dissolution: dismantling of Czechoslovakia from above 256 Tomas Dumbrovsky and Kristyna Urbanova PART II.5 CHANGING THE NARRATIVE: SPECIAL CASES 17 Jordan and Palestine: union (1950) and secession (1988) 275 Victor Kattan 18 Seceding from failed states: reconsidering the case of Somaliland 293 Sarah McGibbon PART II.6 REMEDIAL SECESSION 19 Bangladesh and the right of remedial secession 312 Abhimanyu George Jain PART III CONSEQUENCES OF SECESSION 20 The law of state succession: regulating the aftermath 331 James Gerard Devaney 21 Meaning(s) of illegality in secession processes 349 Enrico Milano and Niccolò Zugliani Bibliography 366 Index
£188.10
Edward Elgar Publishing Ltd The Internally Displaced Person in International
Book SynopsisWhile the plight of persons displaced within the borders of states has emerged as a global concern, not much attention has been given to this specific category of persons in international legal scholarship. Unlike refugees, internally displaced persons remain within the states in which they are displaced. Current statistics indicate that there are more people displaced within state borders than persons displaced outside states. Romola Adeola examines the protection of the internally displaced person under international law, considering existing legal regimes at various levels of governance and institutional mechanisms for internally displaced persons. Scholars in the field of forced migration and law, policy-makers and international agencies will recognize the significance of the author's thorough examination of The Internally Displaced Person in International Law.Trade Review'Our planet counts over 45 million internally displaced persons. Internal displacement is complex and politically fraught, thus often overlooked. Dr Adeola has produced a highly informative compendium of the international, regional and especially - despite scarce sources - national legal regimes of all African countries, which allows for a much clearer picture of the frailty of their legal condition.' --François Crépeau, McGill University, Canada'Everyone looking for a succinct but comprehensive overview of the law relevant for the protection of today's more than 40 million internally displaced persons should turn to this book. The author's focus on regional and African national perspectives is a particularly welcome contribution to the literature in this field.' --Walter Kälin, University of Bern, SwitzerlandTable of ContentsContents: Foreword 1. An Internally Displaced Persons Described 2. Complementary International Legal Protection Regimes 3. The United Nations Guiding Principles On Internal Displacement 4. Regional Approaches To The Protection Of Internally Displaced Persons 5. National Perspectives To The Protection Of Internally Displaced Persons 6. Institutional Protection 7. Conclusion And Recommendations Bibliography Index
£85.00
Edward Elgar Publishing Ltd State Theory and the Law: An Introduction
Book SynopsisThere has been renewed and growing interest in exploring the significant role played by law in the centralization of power and sovereignty – right from the earliest point. This timely book serves as an introduction into state theory, providing an overview of the conceptual history and the interdisciplinary tradition of the continental European general theory of the state. Chapters present a theory of the state grounded in cultural analysis and show liberal democracy to be the paradigm of today’s western nation-state. The analysis includes the emergence of legal forms and institutions that are linked either to the constitutional state (the securing of civil liberties and fundamental rights), the welfare state (social and welfare law), or the network-state (regulation of complex digital technologies). Thomas Vesting focuses on illustrating the fundamental features of these evolutionary stages – the three layers constituting the modern state – and reveals their cultural and social preconditions. This book will be an ideal read for students, postgraduates, and other academic audiences with interests in state theory, jurisprudence, legal theory, political theory, and legal philosophy.Trade Review‘This is a timely book that takes a fresh look at an old concept: the state! The original approach chosen by Thomas Vesting consists in a new theory of the state that is focused on its cognitive and cultural meaning. It builds a bridge between legal and political sciences and sheds new light on the knowledge base of both state and society. It rewrites the history of the state and reconfigures the conception of the state of the network society.’ -- Karl-Heinz Ladeur, University of Hamburg, GermanyTable of ContentsContents: Preface 1. The state and state theory 2. The model of liberal democracy 3. The state’s monopoly on the use of force: the early modern territorial state 4. The self-organization of society: the constitutional state 5. Expanding the mission of the state: the welfare state 6. Building order from fragments: the network state 7. Looking forward: the enduring significance of the state in the age of globalization Bibliography Index
£94.00
Claeys & Casteels Publishers BV The New Sovereignty: In Times of Crises and
Book SynopsisThis book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. For almost 400 years, under the Westphalian system established in 1648, the classic notion of sovereignty has been the pillar of the international relations among States free to do what they want within their territory with the prohibition of intervention in one another’s affairs. Humanitarian crisis, international terrorism, weapon of mass destruction, failed states, pandemic, the increasing role of regional and international entities, ONG and financial entities have eroded the tenuous boundaries between the domestic and international notion of sovereignty. Sovereignty no longer provides protection to the State which to survive must cede some power in order to cope with the challenges of the new international order. However, despite the increasing number of actors in the international arena and the identity crisis of the notion of sovereignty, the State is bound to remain the lead actor on the global stage and, in this light, sovereignty can emerge stronger, provided it fully incorporates its responsibility towards the its own people and the entirety of the international community.
£80.53