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Author: James D. Tracy
Publisher: BRILL
ISBN: 9004480854
Category : Law
Languages : en
Pages : 354
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Book Description
Author: James D. Tracy
Publisher: BRILL
ISBN: 9004480854
Category : Law
Languages : en
Pages : 354
Get Book Here
Book Description
Author: Dren Doli
Publisher: Springer
ISBN: 3030059952
Category : Law
Languages : en
Pages : 236
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Book Description
This book represents a unique endeavor to elucidate the story of Kosovo’s unilateral quest for statehood. It is an inquiry into the international legal aspects and processes that shaped and surrounded the creation of the state of Kosovo. Being created outside the post-colonial context, Kosovo offers a unique yet controversial example of state emergence both in the theory and practice of creation of states. Accordingly, the book investigates the legal pathways, strategies, developments and policy positions of international agencies/actors and regional players (in particular the EU) that helped Kosovo to establish its independence and gradually acquire statehood. Although contested, Kosovo, and its quest for statehood, represents a unique example of successful unilateral secession. The book therefore explores and analyses patterns of state formation and nation-building in Kosovo, and its transition to democracy. It presents a three-level assessment. First, seen from a historical perspective, the book examines the validity of the right of Kosovar-Albanians to self-determination and remedial secession. Second, from a legal positivist perspective, it scrutinizes all of the legalist arguments that support Kosovo’s right to statehood, and claims that both traditional and legality-based criteria for statehood remain insufficient to determine whether Kosovo has achieved statehood. Third, from a post-factum perspective, the book analyzes the scope and extent to which the internationally blended element was decisive in Kosovo’s state-formation and state-building processes. It explains how the EU’s involvement as an ‘internationally blended element’ in Kosovo’s efforts to achieve statehood was instrumental and played a crucial role in shaping the emerging state. In particular, the book elaborates on how the EU was able to streamline its mode of intervention in the context of state-building and reform.
Author: Christine Chinkin
Publisher: Cambridge University Press
ISBN: 1316218090
Category : Law
Languages : en
Pages : 529
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Book Description
This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of states), statehood (what it means to be a state, and the process of acquiring or losing statehood) and state responsibility (the legal component of what being a state entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states. It includes reflections on the interactions between states and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood.
Author: Rowan Nicholson
Publisher: Oxford University Press
ISBN: 0192591932
Category : Law
Languages : en
Pages : 408
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Book Description
If the term were given its literal meaning, international law would be law between 'nations'. It is often described instead as being primarily between states. But this conceals the diversity of the nations or state-like entities that have personality in international law or that have had it historically. This book reconceptualizes statehood by positioning it within that wider family of state-like entities. In this monograph, Rowan Nicholson contends that states themselves have diverse legal underpinnings. Practice in cases such as Somalia and broader principles indicate that international law provides not one but two alternative methods of qualifying as a state. Subject to exceptions connected with territorial integrity and peremptory norms, an entity can be a state either on the ground that it meets criteria of effectiveness or on the ground that it is recognized by all other states. Nicholson also argues that states, in the strict legal sense in which the word is used today, have never been the only state-like entities with personality in international law. Others from the past and present include imperial China in the period when it was unreceptive to Western norms; precolonial African chiefdoms; 'states-in-context', an example of which may be Palestine, which have the attributes of statehood relative to states that recognize them; and entities such as Hong Kong.
Author: Linas Eriksonas
Publisher: Peter Lang
ISBN: 9789052012919
Category : History
Languages : en
Pages : 396
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Book Description
Today's world is a world of nation-states; few have survived since the early modern period, some have existed for three hundred years, most came into being during the second part of the last century. Yet the equation between the state and the nation does not go back far in history, despite the prevailing tendency to view the state as closely linked to ethnicity. To challenge the latter this book attempts to examine statehood separately from the concept of ethnicity; it asks what is non-ethnic about statehood by looking at 'statehood before and beyond ethnicity'. A non-ethnic statehood is analysed in two forms: as a historical phenomenon at the time of the emergence of the early modern state (Part One) and as a historical tradition which had been pursued by the nation-builders in the nineteenth and twentieth centuries (Part Two). Instead of looking at great powers as traditional models of statehood, individual chapters focus on minor and less familiar states in Northern and Eastern Europe from the period c. 1600-2000, including Belgium, Bohemia, Greece, the Netherlands, Romania, Poland-Lithuania, Serbia and Montenegro, Sweden, Scotland and Transylvania.
Author: Thomas D. Grant
Publisher: Bloomsbury Publishing USA
ISBN: 0313028311
Category : Law
Languages : en
Pages : 281
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Book Description
Thomas D. Grant examines the Great Debate over state recognition, tracing its eclipse, and identifying trends in contemporary international law that may explain the lingering persistence of the terms of that debate. Although writers have generally accepted the declaratory view as more accurate than its old rival, the judicial sources often cited to support the declaratory view do not on scrutiny do so as decisively as commonly assumed. Contemporary doctrinal preference requires explanation. Declaratory doctrine, in its apparent diminution of the role state discretion plays in recognition, is in harmony, Grant asserts, with contemporary aspirations for international law. It may seem to many writers, he believes, that international governance functions better in a conceptual framework that reduces the power of states to legislate what entities are states. Grant proceeds from this analysis of the contemporary status of the old debate to ask what questions now take center stage. In place of doctrine, Grant argues, process is the chief issue concerning recognition today. Whether to recognize unilaterally or in a collective framework; whether to acknowledge legal rules or to let recognition be controlled by political calculus—as Grant points out, such questions concern how states recognize, not the theoretical nature of recognition. This is an important analysis for scholars and researchers of international law and relations and contemporary European politics.
Author: Bruno Coppieters
Publisher: MIT Press
ISBN:
Category : History
Languages : en
Pages : 432
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Book Description
Analyzes security challenges facing Georgia since a more democratic government took over in 2003, including secessionist crises within its borders and regional instability in the Caucasus.
Author: Erdem Ertürk
Publisher: Taylor & Francis
ISBN: 100085244X
Category : Law
Languages : en
Pages : 235
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Book Description
This book critically engages with theories of the recognition of states under international law. Demonstrating that recognition is a constitutive relation that is imperative for the construction of international subjects, the book argues that prevalent theories of recognition fall short of accommodating this imperative. The book traces the source of this shortcoming to Vattel’s notion of absolute sovereignty. A paradox pertains to this notion as absolutely independent states seemingly come into being in a community which sets the law that determines statehood. The book shows how this paradox is reproduced in constitutive theorists’ idea of recognition as a sovereign gesture of consent and declarative theorists’ perception that states can come into being on a singular basis, without any need for interaction. This necessitates a rethinking of the role of recognition in a way that circumvents the problems generated by the notion of absolute independence, whilst accommodating the relational element of coming into being. To achieve this purpose, the book draws upon Hegel’s theory of recognition, supplementing it with Bataille’s and Derrida’s critical readings of Hegel’s thought. In this respect, the book departs from the restrictive economy of recognition that constantly recreates a paradoxical perception of sovereignty, elaborating a more general economy of recognition that accommodates the notion of subjects in flux. This critical engagement with a key notion in international law will appeal to legal and political theorists, as well as scholars and students in international relations.
Author: United States. Congress. House. Committee on Public Lands
Publisher:
ISBN:
Category : Alaska
Languages : en
Pages : 440
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Book Description
Author: United States. Congress
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1442
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Book Description
