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Author:
Publisher: BRILL
ISBN: 9004499105
Category : Law
Languages : en
Pages : 288
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Book Description
The book comprehensively discusses legal and political issues of non-recognized entities in the context of international and European Law, combining perspectives of international and European law with those of the non-recognized entities themselves.
Author:
Publisher: BRILL
ISBN: 9004499105
Category : Law
Languages : en
Pages : 288
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Book Description
The book comprehensively discusses legal and political issues of non-recognized entities in the context of international and European Law, combining perspectives of international and European law with those of the non-recognized entities themselves.
Author: Martin Riegl
Publisher: Springer
ISBN: 3319569139
Category : Political Science
Languages : en
Pages : 228
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Book Description
This book presents novel theoretical and empirical findings on the issue of unrecognized states and secession. The first part of the book conceptualizes unrecognized states as entities with a national identity and which have achieved political independence, yet are not internationally recognized as independent states. It also addresses topics such as the role of superpowers in secessionist conflicts, ontological security in post-Soviet states, and factors influencing the legitimacy of secession referenda. In turn, the book’s second part presents selected case studies on various secessionist regions and territories, including Kurdistan, the Caucasus, Kosovo, and Bougainville.
Author: Nina Caspersen
Publisher: John Wiley & Sons
ISBN: 0745660045
Category : Political Science
Languages : en
Pages : 228
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Book Description
Unrecognized states are places that do not exist in international politics; they are state-like entities that have achieved de facto independence, but have failed to gain widespread international recognition. Since the Cold-War, unrecognized states have been involved in conflicts over sovereign statehood in the Balkans, the former Soviet Union, South Asia, the Horn of Africa, and the South Pacific; some of which elicited major international crises and intervention, including the use of armed force. Yet they remain subject to many myths and simplifications. Drawing on a number of contemporary and historical cases, from Nagorno Karabakh and Somaliland to Taiwan, this timely new book provides a comprehensive analysis of unrecognized states. It examines their origins, the factors that enable them to survive and explores their likely future trajectories. But it is not just a book about unrecognized states; it is a book about sovereignty and statehood; one which does not shy way from addressing crucial issues such as how these anomalies survive in a system of sovereign states and how the context of non-recognition affects their attempts to build effective state-like entities. Ideal for students and scholars of global politics, peace and conflict studies, Unrecognized States offers a much needed and engaging account of the development of unrecognized states in the modern international system.
Author: Scott Pegg
Publisher: Routledge
ISBN: 1000708578
Category : Political Science
Languages : en
Pages : 285
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Book Description
Originally published in 1998, International Society and the De Facto Society explores the phenomenon of de facto statehood in contemporary international relations. The de facto state is almost the inverse of what Robert Jackson has termed the ‘quasi-state’. The quasi-state has an ambassador, a flag, and a seat at the United Nations, but it does not function positively as a viable governing entity. Its limitations though, do not detract from sovereign legitimacy. The de facto state, on the other hand, lacks legitimacy yet effectively controls a given territorial area and provides governmental services to a specific population. The book engages in a birth, life, and death or evolution examination of the de facto state.
Author: Nina Caspersen
Publisher: Routledge
ISBN: 1136849998
Category : Political Science
Languages : en
Pages : 262
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Book Description
Unrecognized states are territories that have achieved de facto independence, yet have failed to gain international recognition as independent states. These territories constitute anomalies in the international system of sovereign states and often present significant challenges to policy makers, as evidenced by the war in Georgia and the continued debate over Kosovo’s independence. This book draws on both theory and case studies to better understand the phenomenon of unrecognized states, demonstrating that the existence of such entities is less unusual than previously assumed. Moving away from an overt focus on case studies, the chapters present various themes that link the emergence, operations, and development of unrecognized states and assess how the established order of states responds to the challenges they present: How do unrecognized interact with the international system of sovereign states? How does it shape their emergence, operations and development? How do these entities develop in a context of non-recognition? Are we witnessing a new form of statehood, or are these entities better understood as states-in-waiting? What are the strategies available for dealing with unrecognized states? Could power-sharing or autonomy provide a solution or are more innovative strategies necessary? With contributions from leading scholars in a number of fields, this book will appeal not only to students and scholars of Political Science, International Relations, Geography, Area Studies, Sociology, and Conflict Resolution, but also to journalists, government bodies and NGOs.
Author: André Nollkaemper
Publisher:
ISBN: 0198739745
Category : Law
Languages : en
Pages : 769
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Book Description
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Author: Tomáš Hoch
Publisher: Routledge
ISBN: 0429534256
Category : Social Science
Languages : en
Pages : 309
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Book Description
This book explores the phenomenon of de facto states in Eurasia: states such as Abkhazia, Nagorno-Karabakh, and the Transnistrian Moldovan Republic. It examines how they are formed, what sustains them, and how their differing development trajectories have unfolded. It argues that most of these de facto states have been formed with either direct or indirect support from Russia, but they all have their own internal logic and are not simply puppets in the hands of a powerful patron. The book provides detailed case studies and draws out general patterns, and compares present-day de facto states with de facto states which existed in the past.
Author: Richard Hyland
Publisher: Oxford University Press
ISBN: 0199711097
Category : Law
Languages : en
Pages : 731
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Book Description
Gifts: A Study in Comparative Law is the first broad-based study of the law governing the giving and revocation of gifts ever attempted. Gift-giving is everywhere governed by social and customary norms before it encounters the law and the giving of gifts takes place largely outside of the marketplace. As a result of these two characteristics, the law of gifts provides an optimal lens through which to examine how different legal systems engage with social practice. The law of gifts is well-developed both in the civil and the common laws. Richard Hyland's study provides an excellent view of the ways in which different civil and common law jurisdictions confront common issues. The legal systems discussed include principally, in the common law, those of Great Britain, the United States, and India, and, in the civil law, the private law systems of Belgium and France, Germany, Italy, and Spain. Professor Hyland also serves a critique of the dominant method in the field, which is a form of functionalism based on what is called the praesumptio similitudinis, namely the axiom that, once legal doctrine is stripped away, developed legal systems tend to reach similar practical results. His study demonstrates, to the contrary, that legal systems actually differ, not only in their approach and conceptual structure, but just as much in the results.
Author: Franziska Smolnik
Publisher: Campus Verlag
ISBN: 3593435144
Category : Political Science
Languages : en
Pages : 427
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Book Description
Franziska Smolniks Untersuchung stützt sich auf die südkaukasischen international nicht beziehungsweise nur zum Teil anerkannten De-facto-Staaten, die sich weiterhin im Konflikt mit ihren einstigen Metropolstaaten befinden. Sie zeigt, wie auch sogenannte Gewaltkonflikte niedriger Intensität die Form und Funktion von politischer Herrschaft entscheidend prägen können.
Author: Konstantinos Mastorodimos
Publisher: Taylor & Francis
ISBN: 1134800541
Category : Law
Languages : en
Pages : 302
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Book Description
The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.
