Author: Ralph Wilde
Publisher: Oxford University Press
ISBN: 0199577897
Category : Language Arts & Disciplines
Languages : en
Pages : 641
Book Description
This is the first comprehensive treatment of the reasons why international organizations have engaged in territorial administration. The book describes the role of international territorial administration and analyses the various purposes associated with this activity, revealing the objectives which territorial administration seeks to achieve.
International Territorial Administration
Author: Ralph Wilde
Publisher: Oxford University Press
ISBN: 0199577897
Category : Language Arts & Disciplines
Languages : en
Pages : 641
Book Description
This is the first comprehensive treatment of the reasons why international organizations have engaged in territorial administration. The book describes the role of international territorial administration and analyses the various purposes associated with this activity, revealing the objectives which territorial administration seeks to achieve.
Publisher: Oxford University Press
ISBN: 0199577897
Category : Language Arts & Disciplines
Languages : en
Pages : 641
Book Description
This is the first comprehensive treatment of the reasons why international organizations have engaged in territorial administration. The book describes the role of international territorial administration and analyses the various purposes associated with this activity, revealing the objectives which territorial administration seeks to achieve.
The Law and Practice of International Territorial Administration
Author: Carsten Stahn
Publisher: Cambridge University Press
ISBN: 9780521173957
Category : Law
Languages : en
Pages : 902
Book Description
International actors have played an active role in the administration of territories over the past two centuries. This book analyses the genesis and law and practice of international territorial administration, covering all experiments from the Treaty of Versailles to contemporary engagements such as the conflict in Iraq. The book discusses the background, legal framework and practice of international territorial administration, including its relationship to related paradigms (internationalisation, mandate administration, trusteeship administration and occupation). This is complemented by a discussion of four common legal issues which arise in the context of this activity: the status of the territory under administration, the status and accountability of administering authorities, the exercise of regulatory powers by international administrations, and the relationship between international and domestic actors. Alongside surveys of the existing approaches and conceptual choices, the book also includes relevant case-law and practice and lessons learned for future engagements.
Publisher: Cambridge University Press
ISBN: 9780521173957
Category : Law
Languages : en
Pages : 902
Book Description
International actors have played an active role in the administration of territories over the past two centuries. This book analyses the genesis and law and practice of international territorial administration, covering all experiments from the Treaty of Versailles to contemporary engagements such as the conflict in Iraq. The book discusses the background, legal framework and practice of international territorial administration, including its relationship to related paradigms (internationalisation, mandate administration, trusteeship administration and occupation). This is complemented by a discussion of four common legal issues which arise in the context of this activity: the status of the territory under administration, the status and accountability of administering authorities, the exercise of regulatory powers by international administrations, and the relationship between international and domestic actors. Alongside surveys of the existing approaches and conceptual choices, the book also includes relevant case-law and practice and lessons learned for future engagements.
UN Territorial Administration and Human Rights
Author: Gjylbehare Bella Murati
Publisher: Routledge
ISBN: 1351593234
Category : Law
Languages : en
Pages : 257
Book Description
This book offers an original and insightful analysis of the human rights inadequacies that arise in the practice of UN territorial administration by analysing and assessing the practice of UNMIK. It provides arguments based on law and principles to support the thesis that a comprehensive legal framework governing the activities of the UN mission is a crucial prerequisite for its proper functioning. This is complemented by a discussion of several emerging issues surrounding the UN activity on the ground, namely, its legislative, judicial, and executive power. The author offers an extensive and well-documented analysis of the UN’s capacity as a surrogate state administration to respond to the needs of the governed population and, above all, protect its fundamental rights. Based on her findings, Murati concludes that only a comprehensive mandate can serve the long term interests of the international community’s objective to efficiently promote, protect, and fulfil human rights in a war-torn society. UN Territorial Administration and Human Rights provides a detailed critical legal analysis of one of the major UN administrations of territory after the Cold War, namely, the UN administration of Kosovo from 1999 to 2008. The analysis in this book will be beneficial to international law and international relations scholars and students, as well as policymakers and persons working for international organisations. The analysis and the lessons learned through this study shed light on the challenges entailed in governing territories and rebuilding state institutions while upholding the rule of law and ensuring respect for human rights.
Publisher: Routledge
ISBN: 1351593234
Category : Law
Languages : en
Pages : 257
Book Description
This book offers an original and insightful analysis of the human rights inadequacies that arise in the practice of UN territorial administration by analysing and assessing the practice of UNMIK. It provides arguments based on law and principles to support the thesis that a comprehensive legal framework governing the activities of the UN mission is a crucial prerequisite for its proper functioning. This is complemented by a discussion of several emerging issues surrounding the UN activity on the ground, namely, its legislative, judicial, and executive power. The author offers an extensive and well-documented analysis of the UN’s capacity as a surrogate state administration to respond to the needs of the governed population and, above all, protect its fundamental rights. Based on her findings, Murati concludes that only a comprehensive mandate can serve the long term interests of the international community’s objective to efficiently promote, protect, and fulfil human rights in a war-torn society. UN Territorial Administration and Human Rights provides a detailed critical legal analysis of one of the major UN administrations of territory after the Cold War, namely, the UN administration of Kosovo from 1999 to 2008. The analysis in this book will be beneficial to international law and international relations scholars and students, as well as policymakers and persons working for international organisations. The analysis and the lessons learned through this study shed light on the challenges entailed in governing territories and rebuilding state institutions while upholding the rule of law and ensuring respect for human rights.
Building States
Author: Eva-Maria Muschik
Publisher: Columbia University Press
ISBN: 023155351X
Category : History
Languages : en
Pages : 249
Book Description
Postwar multilateral cooperation is often viewed as an attempt to overcome the limitations of the nation-state system. However, in 1945, when the United Nations was founded, large parts of the world were still under imperial control. Building States investigates how the UN tried to manage the dissolution of European empires in the 1950s and 1960s—and helped transform the practice of international development and the meaning of state sovereignty in the process. Eva-Maria Muschik argues that the UN played a key role in the global proliferation and reinvention of the nation-state in the postwar era, as newly independent states came to rely on international assistance. Drawing on previously untapped primary sources, she traces how UN personnel—usually in close consultation with Western officials—sought to manage decolonization peacefully through international development assistance. Examining initiatives in Libya, Somaliland, Bolivia, the Congo, and New York, Muschik shows how the UN pioneered a new understanding and practice of state building, presented as a technical challenge for international experts rather than a political process. UN officials increasingly took on public-policy functions, despite the organization’s mandate not to interfere in the domestic affairs of its member states. These initiatives, Muschik suggests, had lasting effects on international development practice, peacekeeping, and post-conflict territorial administration. Casting new light on how international organizations became major players in the governance of developing countries, Building States has significant implications for the histories of decolonization, the Cold War, and international development.
Publisher: Columbia University Press
ISBN: 023155351X
Category : History
Languages : en
Pages : 249
Book Description
Postwar multilateral cooperation is often viewed as an attempt to overcome the limitations of the nation-state system. However, in 1945, when the United Nations was founded, large parts of the world were still under imperial control. Building States investigates how the UN tried to manage the dissolution of European empires in the 1950s and 1960s—and helped transform the practice of international development and the meaning of state sovereignty in the process. Eva-Maria Muschik argues that the UN played a key role in the global proliferation and reinvention of the nation-state in the postwar era, as newly independent states came to rely on international assistance. Drawing on previously untapped primary sources, she traces how UN personnel—usually in close consultation with Western officials—sought to manage decolonization peacefully through international development assistance. Examining initiatives in Libya, Somaliland, Bolivia, the Congo, and New York, Muschik shows how the UN pioneered a new understanding and practice of state building, presented as a technical challenge for international experts rather than a political process. UN officials increasingly took on public-policy functions, despite the organization’s mandate not to interfere in the domestic affairs of its member states. These initiatives, Muschik suggests, had lasting effects on international development practice, peacekeeping, and post-conflict territorial administration. Casting new light on how international organizations became major players in the governance of developing countries, Building States has significant implications for the histories of decolonization, the Cold War, and international development.
International Status in the Shadow of Empire
Author: Cait Storr
Publisher: Cambridge University Press
ISBN: 1108498507
Category : Law
Languages : en
Pages : 321
Book Description
This book offers a new account of Nauru's imperial history and examines its significance in the history of international law.
Publisher: Cambridge University Press
ISBN: 1108498507
Category : Law
Languages : en
Pages : 321
Book Description
This book offers a new account of Nauru's imperial history and examines its significance in the history of international law.
The International Law of Occupation
Author: Eyal Benvenisti
Publisher: OUP Oxford
ISBN: 0191639575
Category : Law
Languages : en
Pages : 515
Book Description
The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.
Publisher: OUP Oxford
ISBN: 0191639575
Category : Law
Languages : en
Pages : 515
Book Description
The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.
Constitution-making Under UN Auspices
Author: Vijayashri Sripati
Publisher: Oxford University Press, USA
ISBN: 9780199498024
Category : Law
Languages : en
Pages : 0
Book Description
Post 1960, all colonies enjoyed the right to sculpt their own constitutions without international assistance. Yet, from 1960-2018, over poor 40 sovereign states have adopted with United Nations Constitutional Assistance (UNCA) the Western liberal constitution. Why? A comprehensive study on UNCA, this book shows that based on the UN's official statements, UNCA works ostensibly to 'modernise' poor states. However, this results in an investor-friendly environment that largely benefits powerful transnational interests, only to secure debt-relief. Thus, political control that they experienced when they were colonies, continues in this post-colonial era.
Publisher: Oxford University Press, USA
ISBN: 9780199498024
Category : Law
Languages : en
Pages : 0
Book Description
Post 1960, all colonies enjoyed the right to sculpt their own constitutions without international assistance. Yet, from 1960-2018, over poor 40 sovereign states have adopted with United Nations Constitutional Assistance (UNCA) the Western liberal constitution. Why? A comprehensive study on UNCA, this book shows that based on the UN's official statements, UNCA works ostensibly to 'modernise' poor states. However, this results in an investor-friendly environment that largely benefits powerful transnational interests, only to secure debt-relief. Thus, political control that they experienced when they were colonies, continues in this post-colonial era.
Self-Determination in Disputed Colonial Territories
Author: Jamie Trinidad
Publisher: Cambridge University Press
ISBN: 110841818X
Category : Law
Languages : en
Pages : 297
Book Description
Analyzes the role of self-determination and territorial integrity in some of the most difficult decolonization cases.
Publisher: Cambridge University Press
ISBN: 110841818X
Category : Law
Languages : en
Pages : 297
Book Description
Analyzes the role of self-determination and territorial integrity in some of the most difficult decolonization cases.
Territorial Choice
Author: Harald Baldersheim
Publisher: Palgrave MacMillan
ISBN:
Category : History
Languages : en
Pages : 314
Book Description
Territorial Choice: Rescaling Governance in European States-- H.Baldersheim & L.E.Rose The Danish Revolution in Local Government: How and Why?-- P.E.Mouritzen Finnish Power-shift: The Defeat of the Periphery-- S.Sandberg The Swedish Model Under Stress: Waning of the Egalitarian, Unitary State?-- A.Lidstrom The staying Power of the Norwegian Periphery-- H.Baldersheim & L.Rose Larger and Larger? The Endless Search for Efficiency in the UK-- P.John Step-by-step: Territorial Choice in the Netherlands-- M.Boedeltje & B.Denters Multiple Choice: The Persistence of Territorial Pluralism in the German Federation-- M.Walter-Rogg France and its 36,000 Communes: An Impossible Reform?-- E.Kerrouche Italian Regionalism: A Semi-federation is Taking Shape -- or is it?-- M. Brunazzo Efficiency Imperatives in a Fragmented Polity: Reinventing Local Government in Greece-- P.Getimis & N.Hlepas Top-down or Bottom-up? Coping with Territorial Fragmentation in the Czech Republic-- M.Illner A Comparative Analysis of Territorial Choice in Europe -- Conclusions-- H.Baldersheim & L.E.Rose Bibliography.
Publisher: Palgrave MacMillan
ISBN:
Category : History
Languages : en
Pages : 314
Book Description
Territorial Choice: Rescaling Governance in European States-- H.Baldersheim & L.E.Rose The Danish Revolution in Local Government: How and Why?-- P.E.Mouritzen Finnish Power-shift: The Defeat of the Periphery-- S.Sandberg The Swedish Model Under Stress: Waning of the Egalitarian, Unitary State?-- A.Lidstrom The staying Power of the Norwegian Periphery-- H.Baldersheim & L.Rose Larger and Larger? The Endless Search for Efficiency in the UK-- P.John Step-by-step: Territorial Choice in the Netherlands-- M.Boedeltje & B.Denters Multiple Choice: The Persistence of Territorial Pluralism in the German Federation-- M.Walter-Rogg France and its 36,000 Communes: An Impossible Reform?-- E.Kerrouche Italian Regionalism: A Semi-federation is Taking Shape -- or is it?-- M. Brunazzo Efficiency Imperatives in a Fragmented Polity: Reinventing Local Government in Greece-- P.Getimis & N.Hlepas Top-down or Bottom-up? Coping with Territorial Fragmentation in the Czech Republic-- M.Illner A Comparative Analysis of Territorial Choice in Europe -- Conclusions-- H.Baldersheim & L.E.Rose Bibliography.
Territorial Leasing in Diplomacy and International Law
Author: Michael J. Strauss
Publisher: BRILL
ISBN: 9004293620
Category : Law
Languages : en
Pages : 266
Book Description
Territorial Leasing in Diplomacy and International Law focuses on an unexplored but relatively common practice in which states reallocate their rights on territory without altering formal boundaries or resorting to definitive cessions. As products of diplomacy, leases address a frequent situation that, in extreme cases, can lead to war: the desire by more than one state to exercise sovereign authority in the same place. As instruments of international law, they paradoxically reinforce the territorial integrity of states while raising questions about the nature of their sovereignty. This book draws from a large number of leases to examine the practice from historic to modern times, describing their elements in detail and assessing them from both political and legal perspectives.
Publisher: BRILL
ISBN: 9004293620
Category : Law
Languages : en
Pages : 266
Book Description
Territorial Leasing in Diplomacy and International Law focuses on an unexplored but relatively common practice in which states reallocate their rights on territory without altering formal boundaries or resorting to definitive cessions. As products of diplomacy, leases address a frequent situation that, in extreme cases, can lead to war: the desire by more than one state to exercise sovereign authority in the same place. As instruments of international law, they paradoxically reinforce the territorial integrity of states while raising questions about the nature of their sovereignty. This book draws from a large number of leases to examine the practice from historic to modern times, describing their elements in detail and assessing them from both political and legal perspectives.