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Author: Frank Hoffmeister
Publisher: Martinus Nijhoff Publishers
ISBN: 9004152237
Category : Law
Languages : en
Pages : 305
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Book Description
The five versions of the comprehensive settlement plan for Cyprus, which UN Secretary-General Annan tabled between 2002 and 2004, raised a variety of international law and European law questions. This book contains the first systematic analysis of the Annan plan, thereby providing an overview of the legal aspects of the Cyprus problem. It also discusses how the plan was intended to be accommodated in the European legal order. Did it comply with the fundamental principle of democracy, rule of law and human rights? Would a united Cyprus have been able to speak with one voice and to implement EU law properly? The Author, who has worked both for the European Commission and for the UN Special Advisor on Cyprus, presents a precise account of facts and thorough legal assessments. He also tackles current legal problems arising out of Cyprus' membership in the EU and the suspension of the "acquis communautaire" in the northern part of Cyprus. He finally analyses how the question of recognition affects the relations between Cyprus and Turkey. The book is an ideal choice for practitioners and researchers because it combines first hand information on the most recent developments on Cyprus with legal evaluations from an international official trained in international and European law.
Author: Frank Hoffmeister
Publisher: Martinus Nijhoff Publishers
ISBN: 9004152237
Category : Law
Languages : en
Pages : 305
Get Book Here
Book Description
The five versions of the comprehensive settlement plan for Cyprus, which UN Secretary-General Annan tabled between 2002 and 2004, raised a variety of international law and European law questions. This book contains the first systematic analysis of the Annan plan, thereby providing an overview of the legal aspects of the Cyprus problem. It also discusses how the plan was intended to be accommodated in the European legal order. Did it comply with the fundamental principle of democracy, rule of law and human rights? Would a united Cyprus have been able to speak with one voice and to implement EU law properly? The Author, who has worked both for the European Commission and for the UN Special Advisor on Cyprus, presents a precise account of facts and thorough legal assessments. He also tackles current legal problems arising out of Cyprus' membership in the EU and the suspension of the "acquis communautaire" in the northern part of Cyprus. He finally analyses how the question of recognition affects the relations between Cyprus and Turkey. The book is an ideal choice for practitioners and researchers because it combines first hand information on the most recent developments on Cyprus with legal evaluations from an international official trained in international and European law.
Author: Stefan Talmon
Publisher: BRILL
ISBN: 9004478140
Category : Law
Languages : en
Pages : 437
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Book Description
The bibliography lists the literature and State practice on the question of recognition in international law for the last two hundred years. It contains books and articles, ie. contributions to journals and other collected works such as Festschriften and Encyclopaedias, as well as (published and unpublished) theses, pamphlets, compilations of diplomatic documents and case notes. As many of the monographs on recognition in international law will not be available in all libraries, book reviews have been included in the bibliography in order to enable the user to decide whether it may be advisable to order a certain work by inter-library loan. Its 4,500 entries are arranged systematically according to subject categories in fourteen main sections. Each main section is further subdivided with ever-increasing specificity into sub-sections on codification, codification attempts, general studies, studies of certain recognition questions and studies of specific recognition cases. The bibliography employs a broad meaning of recognition. It is not restricted to the question of status of an authority or entity in international law but encompasses also the question of relations with it. As many of the recognition cases must be considered, and can only be understood, against their historic, political and sometimes even economic background, the bibliography includes not only purely legal treaties but also publications of a primarily historical, political or economic content which incidentally deal with aspects of recognition in international law. This is reflected by the titles of the 730 journals from more than 50 countries in 20 different languages which have been used to compile the bibliography. The bibliography contains both an author and a comprehensive subject index to enable users to locate works of a particular writer or a specific problem.
Author: Nikos Skoutaris
Publisher: Bloomsbury Publishing
ISBN: 1847316379
Category : Law
Languages : en
Pages : 252
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Book Description
This is a book on the interrelationship of the EU legal order and the Cyprus issue. The book addresses a question which is of great significance for the legal order of the EU (as well as for Cypriots, Turks and Greeks), namely how the Union deals with the de facto division of the island. Despite the partial normalisation of relations between the two ethno-religious groups on the island, Cyprus' accession to the EU has not led to its reunification, nor to the restoration of human rights, nor a complete end to the political and economic isolation of the Turkish Cypriot community. Ironically enough, the accession of the island to the EU actually added a new dimension to the division of the island. According to Protocol 10 on Cyprus to the Act of Accession 2003, the Republic of Cyprus joined the Union with its entire territory. However, due to the fact that its Government cannot exercise effective control over the whole island, pending a settlement, the application of the acquis is 'suspended in those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not have effective control.' Given this unprecedented (for an EU Member State) situation of not controlling part of its territory, the book analyses the limits of the suspension of the Union acquis in the areas north of the Green Line. In other words, the telos of this particularly challenging research is to map the partial application of Union law in an area where there are two competing claims of authority.
Author: Michail Vagias
Publisher: Cambridge University Press
ISBN: 1139916424
Category : Law
Languages : en
Pages : 379
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Book Description
There are many variables of territoriality available to national courts under contemporary international law. Does the same apply to the International Criminal Court? And if so, what are the limits to the teleological expansion of the Court's territorial jurisdiction as regards, for example, partial commission of a crime in State not Party territory, crimes committed over the internet or crimes committed in occupied territories? Michael Vagias's analysis of the law and procedure surrounding the territorial jurisdiction of the Court examines issues such as the application of localisation theories of territoriality and the means of interpretation for article 12(2)(a); the principle of legality (nullum crimen sine lege) and human rights law for the interpretation of jurisdictional provisions; compétence de la compétence; crimes committed over the internet; and the procedure for jurisdictional objections.
Author: Sue Farran
Publisher: Routledge
ISBN: 1317186494
Category : Law
Languages : en
Pages : 271
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Book Description
A Study of Mixed Legal Systems: Endangered, Entrenched, or Blended takes the reader on a fascinating voyage of discovery. It includes case studies of a number of systems from across the globe: Cyprus, Guyana, Jersey, Mauritius, Philippines, Quebec, St Lucia, Scotland, and Seychelles. Each combines its legal legacies in novel ways. Large and small, in Europe and beyond, some are sovereign, some part of larger political units. Some are monolingual, some bilingual, some multilingual. Along with an analytical introduction and conclusion, the chapters explore the manner in which the elements of these mixed systems may be seen to be ’entrenched’, ’endangered’, or ’blended’. It explores how this process of legal change happens, questions whether some systems are at greater risk than others, and details the strategies that have been adopted to accelerate or counteract change. The studies involve consideration of the colourful histories of the jurisdictions, of their complex relationships to parent legal systems and traditions, and of language, legal education and legal actors. The volume also considers whether the experiences of these systems can tell us something about legal mixtures and movements generally. Indeed, the volume will be helpful both for scholars and students with a special interest in mixed legal systems as well as anyone interested in comparative law and legal history, in the diversity and dynamism of law.
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: Vernon Valentine Palmer
Publisher: Routledge
ISBN: 1317095383
Category : Law
Languages : en
Pages : 319
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Book Description
Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.
Author: St Phanie Laulh Shaelou
Publisher: Martinus Nijhoff Publishers
ISBN: 9004176195
Category : Social Science
Languages : en
Pages : 392
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Book Description
At the crossroads between EU enlargement and European integration, this book provides a comprehensive comparative analysis of the integration of Cyprus into the EU and discusses the various socio-legal parameters of its differentiated path on the way towards 'full' integration.
Author: A. Sepos
Publisher: Springer
ISBN: 0230229824
Category : Political Science
Languages : en
Pages : 226
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Book Description
Drawing from rationalist and constructivist approaches The Europeanization of Cyprus identifies mechanisms and processes of Europeanization and examines their impact on the following key dimensions of Cyprus: executive, legislative and judicial authorities; political parties and public opinion; economy; agriculture and regional policy; foreign policy; and justice and home affairs. It also assesses how the territorial and temporal dimensions of the country have mediated the impact of these mechanisms and processes, and ultimately shaped the country's Europeanization experience. The book provides a deep understanding of the relations between Cyprus and the EU, while also enhancing our theoretical understanding of the impact of Europeanization on states, whether inside or outside the EU.
Author: Nicholas A. Ioannides
Publisher: Routledge
ISBN: 1000166198
Category : Law
Languages : en
Pages : 157
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Book Description
This book delves into the major developments triggered by the hydrocarbon discoveries in the Eastern Mediterranean over the last twenty years, focusing on maritime boundary delimitation. Examining the impact that the hydrocarbon discoveries have had on the application of the law of the sea rules by the East Med states, the book looks at the new trends concerning the implementation of the law of the sea in the region. The book analyses regional state practice in terms of maritime delimitation, namely the conclusion of bilateral agreements based on the law of the sea rules, both conventional and customary, reflecting the East Med states’ willingness to cooperate in order to reap the benefits of the energy windfall. Alongside this analysis, an outline of the hydrocarbon discoveries and the pertinent maritime activities is given, as well as further coverage of the overlapping maritime claims and disputes between Greece, Cyprus and Turkey on one side, and Lebanon and Israel on the other. Moreover, the book examines the validity of maritime claims made by or through non-state entities in the region, namely the State of Palestine, the UK Sovereign Base Areas and the so-called ‘Turkish Republic of Northern Cyprus’ and their potential impact on the delimitation agreements already in place. The book argues that the East Med paradigm concerning the successful application of the pertinent norms in maritime delimitation proves that international law is resilient and capable of providing solutions in other turbulent regions around the globe. This book will be of interest and importance to academics and students of international law, professionals in the oil and shipping industries, legal professionals and government agencies.
