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Author: Mikulas Fabry
Publisher: OUP Oxford
ISBN: 0191609854
Category : Political Science
Languages : en
Pages : 272
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Book Description
This 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.
Author: Mikulas Fabry
Publisher: OUP Oxford
ISBN: 0191609854
Category : Political Science
Languages : en
Pages : 272
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Book Description
This 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.
Author: Chris Naticchia
Publisher: Lexington Books
ISBN: 1498526144
Category : Philosophy
Languages : en
Pages : 295
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Book Description
Which political entities should the international community recognize as member states—granting them the rights and powers of statehood and entitling them to participate in formulating, adjudicating, and implementing international law? What criteria should it use, and are those criteria defensible? From Kosovo, Palestine, and Taiwan to South Sudan, Scotland, South Ossetia, Abkhazia, and Catalonia, these questions continuously arise and constantly challenge the international community for a consistent, principled stance. In response to this challenge, Chris Naticchia offers a social contract argument for a theory of international recognition—a normative theory of the criteria that states and international bodies should use to recognize political entities as member states of the international community. Regardless of whether political entities adequately respect human rights or practice democracy, he argues, we must recognize a critical mass of them to get international institutions working. Then we should recognize secessionist entities that suffer from persistent, grave, and widespread human rights abuses by their government—and, under certain conditions, minority nations within multinational states that seek independence. We must also recognize entities whose recognition would contribute to the economic development of the least well-off entities. Drawing on the social contract tradition, and developing a broadly Rawlsian view, A Law of Peoples for Recognizing States will both challenge and appeal to a broad readership in political philosophy, international law, and international relations.
Author: James Crawford
Publisher: Oxford University Press
ISBN: 0198260024
Category : Law
Languages : en
Pages : 943
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Book Description
Statehood in the early 21st century remains as much a central problem now as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.
Author: U.S. Department of Transportation
Publisher: Simon and Schuster
ISBN: 1626363765
Category : House & Home
Languages : en
Pages : 352
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Book Description
Does the identification number 60 indicate a toxic substance or a flammable solid, in the molten state at an elevated temperature? Does the identification number 1035 indicate ethane or butane? What is the difference between natural gas transmission pipelines and natural gas distribution pipelines? If you came upon an overturned truck on the highway that was leaking, would you be able to identify if it was hazardous and know what steps to take? Questions like these and more are answered in the Emergency Response Guidebook. Learn how to identify symbols for and vehicles carrying toxic, flammable, explosive, radioactive, or otherwise harmful substances and how to respond once an incident involving those substances has been identified. Always be prepared in situations that are unfamiliar and dangerous and know how to rectify them. Keeping this guide around at all times will ensure that, if you were to come upon a transportation situation involving hazardous substances or dangerous goods, you will be able to help keep others and yourself out of danger. With color-coded pages for quick and easy reference, this is the official manual used by first responders in the United States and Canada for transportation incidents involving dangerous goods or hazardous materials.
Author: U.S. Citizenship and Immigration Services
Publisher: Government Printing Office
ISBN: 9780160831188
Category : Juvenile Nonfiction
Languages : en
Pages : 36
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Book Description
"Learn About the United States" is intended to help permanent residents gain a deeper understanding of U.S. history and government as they prepare to become citizens. The product presents 96 short lessons, based on the sample questions from which the civics portion of the naturalization test is drawn. An audio CD that allows students to listen to the questions, answers, and civics lessons read aloud is also included. For immigrants preparing to naturalize, the chance to learn more about the history and government of the United States will make their journey toward citizenship a more meaningful one.
Author: Theodore Richard
Publisher: Independently Published
ISBN: 9781076804235
Category :
Languages : en
Pages : 200
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Book Description
The First Additional Protocol to the Geneva Conventions ("AP I") is central to the modern law of war, widely referred to as international humanitarian law outside the United States. It updates the Geneva Conventions for protection of war victims and combines them with new or updated rules governing hostilities and the use of weapons found in the Hague Regulations Respecting the Laws and Customs of War. Due to its comprehensive nature and adoption by a majority of States, AP I is frequently cited as the source for law of war rules by attorneys and others interested in protecting humanitarian interests. The challenge for United States attorneys, however, is that their country is not a party to AP I and has been a persistent objector to many of its new rules.While the United States signed the First Additional Protocol to the Geneva Conventions in 1977, it determined, after 10 years of analysis, that it would not ratify the protocol. President Reagan called AP I "fundamentally and irreconcilably flawed."1 Yet, as will be detailed throughout this guide, United States officials have declared that aspects of AP I are customary international law. Forty years after signing AP I, and 30 years after rejecting it, the United States has never presented a comprehensive, systematic, official position on the protocol. Officials from the United States Departments of Defense and State have taken positions on particular portions of it. This guide attempts to bring those sources together in one location.
Author: Ademola Abass
Publisher: Complete
ISBN: 019967907X
Category : Law
Languages : en
Pages : 805
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Book Description
Includes bibliographical references and index.
Author: Glen Sean Coulthard
Publisher: U of Minnesota Press
ISBN: 1452942439
Category : Social Science
Languages : en
Pages : 289
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Book Description
WINNER OF: Frantz Fanon Outstanding Book from the Caribbean Philosophical Association Canadian Political Science Association’s C.B. MacPherson Prize Studies in Political Economy Book Prize Over the past forty years, recognition has become the dominant mode of negotiation and decolonization between the nation-state and Indigenous nations in North America. The term “recognition” shapes debates over Indigenous cultural distinctiveness, Indigenous rights to land and self-government, and Indigenous peoples’ right to benefit from the development of their lands and resources. In a work of critically engaged political theory, Glen Sean Coulthard challenges recognition as a method of organizing difference and identity in liberal politics, questioning the assumption that contemporary difference and past histories of destructive colonialism between the state and Indigenous peoples can be reconciled through a process of acknowledgment. Beyond this, Coulthard examines an alternative politics—one that seeks to revalue, reconstruct, and redeploy Indigenous cultural practices based on self-recognition rather than on seeking appreciation from the very agents of colonialism. Coulthard demonstrates how a “place-based” modification of Karl Marx’s theory of “primitive accumulation” throws light on Indigenous–state relations in settler-colonial contexts and how Frantz Fanon’s critique of colonial recognition shows that this relationship reproduces itself over time. This framework strengthens his exploration of the ways that the politics of recognition has come to serve the interests of settler-colonial power. In addressing the core tenets of Indigenous resistance movements, like Red Power and Idle No More, Coulthard offers fresh insights into the politics of active decolonization.
Author: Bob Jessop
Publisher: John Wiley & Sons
ISBN: 0745669948
Category : Political Science
Languages : en
Pages : 270
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Book Description
Debates about the role and nature of the state are at the heart of modern politics. However, the state itself remains notoriously difficult to define, and the term is subject to a range of different interpretations. In this book, distinguished state theorist Bob Jessop provides a critical introduction to the state as both a concept and a reality. He lucidly guides readers through all the major accounts of the state, and examines competing efforts to relate the state to other features of social organization. Essential themes in the analysis of the state are explored in full, including state formation, periodization, the re-scaling of the state and the state's future. Throughout, Jessop clearly defines key terms, from hegemony and coercion to government and governance. He also analyses what we mean when we speak about 'normal' and 'exceptional' states, and states that are 'failed' or 'rogue'. Combining an accessible style with expert sensitivity to the complexities of the state, this short introduction will be core reading for students and scholars of politics and sociology, as well as anyone interested in the changing role of the state in contemporary societies.
Author: Jeffrey Dunoff
Publisher: Aspen Publishing
ISBN: 1543804446
Category : Law
Languages : en
Pages : 864
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Book Description
Written by some of the leading International Law scholars in the nation, International Law: Norms, Actors, Process: A Problem-Oriented Approach employs a unique problem-based approach to examining international issues. Using real-life case studies as teaching problems, the text explores the processes for making and applying international law, with an interdisciplinary approach that goes beyond mere doctrinal explanation. New to the Fifth Edition: An introduction to international law through the Julian Assange episode Presentation of state responsibility through the problem of cyber espionage and of the responsibility of international organizations through the problem of sexual assaults by UN peacekeepers Integration of new U.S. Supreme Court decisions on the Alien Tort Statute, jurisdiction, and other topics Analysis of the challenges that artificial intelligence and autonomous weapons pose to international humanitarian law Comprehensive treatment of the Paris Accord on Climate Change New cases and analysis on the role and legitimacy of international courts Professors and students will benefit from: Contemporary problems as a vehicle for learning international legal rules and processes Clear explanation of legal rules and institutions Interdisciplinary approach to international law with attention to the law’s relevance in global affairs Careful selection and editing of primary materials to produce a casebook of teachable dimensions Inclusion of maps, charts, and photographs Casebook website offering relevant texts and updates
