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Author: Suzanne Lalonde
Publisher: McGill-Queen's Press - MQUP
ISBN: 9780773524248
Category : Law
Languages : en
Pages : 370
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Book Description
In 1992, when Yugoslavia was on the point of disintegration, the Badinter Commission recommended that the issue of its boundaries be resolved according to the principle of uti possidetis: the internal boundaries dividing the former Yugoslav Republics should automatically become the international boundaries of the new states. Elated by what seemed a clear and workable solution to an impossible problem, the international community proceeded to impose the "binding" principle of uti possidetis on all the parties involved. Relying on the Badinter interpretation of uti possidetis, five experts in international law have assured the Quebec government that in the event of separation from Canada, Quebec could assume legal entitlement under international law of its existing boundaries. In Determining Boundaries in a Conflicted World Suzanne Lalonde examines the origins of the uti possidetis principle, its evolution and colonial roots as well as more recent applications, to determine whether it merits the overriding importance now attributed to it.
Author: Suzanne Lalonde
Publisher: McGill-Queen's Press - MQUP
ISBN: 9780773524248
Category : Law
Languages : en
Pages : 370
Get Book Here
Book Description
In 1992, when Yugoslavia was on the point of disintegration, the Badinter Commission recommended that the issue of its boundaries be resolved according to the principle of uti possidetis: the internal boundaries dividing the former Yugoslav Republics should automatically become the international boundaries of the new states. Elated by what seemed a clear and workable solution to an impossible problem, the international community proceeded to impose the "binding" principle of uti possidetis on all the parties involved. Relying on the Badinter interpretation of uti possidetis, five experts in international law have assured the Quebec government that in the event of separation from Canada, Quebec could assume legal entitlement under international law of its existing boundaries. In Determining Boundaries in a Conflicted World Suzanne Lalonde examines the origins of the uti possidetis principle, its evolution and colonial roots as well as more recent applications, to determine whether it merits the overriding importance now attributed to it.
Author: Panos Merkouris
Publisher: Cambridge University Press
ISBN: 1009035843
Category : Law
Languages : en
Pages : 647
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Book Description
This volume discusses the theory, practice, and interpretation of customary international law, as well as new developments and future research trajectories. Combining discussions of familiar concepts with new ideas, it is useful for researchers, scholars, and practitioners of international law. Available Open Access on Cambridge Core.
Author: Johannes Socher
Publisher: Oxford University Press
ISBN: 0192651722
Category : Law
Languages : en
Pages : 289
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Book Description
The right to self-determination is renowned for its lack of clear interpretation. Broadly speaking, one can differentiate between a 'classic' and a 'romantic' tradition. In modern international law, the balance between these two opposing traditions is sought in an attempt to contain or 'domesticate' the romantic version by limiting it to 'abnormal' situations, that is cases of 'alien subjugation, domination and exploitation'. This book situates Russia's engagement with the right to self-determination in this debate. It shows that Russia follows a distinct approach to self-determination that diverges significantly from the consensus view in international state practice and scholarship, partly due to a lasting legacy of the former Soviet doctrine of international law. Against the background of the Soviet Union's role in the evolution of the right to self-determination, the bulk of the study analyses Russia's relevant state practice in the post-Soviet space through the prisms of sovereignty, secession, and annexation. Drawing on analysis of all seven major secessionist conflicts in the former Soviet space and a detailed study of Russian sources and scholarship, it traces how Russian engagement with self-determination has changed over the past three decades. Ultimately, the book argues that Russia's approach to the right of peoples to self-determination should not only be understood in terms of power politics disguised as legal rhetoric but in terms of a continuously assumed regional hegemony and exceptionalism, based on balance-of-power considerations.
Author: Benjamin de Carvalho
Publisher: Taylor & Francis
ISBN: 1351168940
Category : Political Science
Languages : en
Pages : 881
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Book Description
Good addition to handbooks programme, no direct competitiors HIST section of ISA is growing each year Faced with an uncertain future, an increasing number of scholars have looked to the past for guidance, patterns and ideas. This tendency has been clear, despite theoretical and methodological difference, this book will fill a lacuna.
Author: Jorge A. Vargas
Publisher: Martinus Nijhoff Publishers
ISBN: 9004206205
Category : Law
Languages : en
Pages : 571
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Book Description
Mexico and the Law of the Sea: Contributions and Compromises examines Mexico’s legal work at the Third UN Conference on the Law of the Sea; its involvement at the regional Latin American meetings of Montevideo, Lima and Santo Domingo; and its current domestic legislation, in particular the Federal Oceans Act of 1986.
Author: Miodrag Jovanović
Publisher: Eleven International Publishing
ISBN: 9077596534
Category : Multiculturalism
Languages : en
Pages : 209
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Book Description
Disputes about sovereignty mainly arise in those cases where fundamental rights are infringed, or democratic participation denied, on account of the citizens' membership in certain ethno-cultural minority groups. Moreover, the fact that serious challenges to sovereignty can be detected even in ethno-culturally diverse polities, which by all standards qualify as fairly just liberal-democracies, can only mean that the complex relationship between sovereignty and the diversity challenge is in need of serious consideration and analysis. By observing sovereignty and diversity through the lens of a broader liberal-democratic doctrine, this book sets out plausible strategies to cope with the problems that evolve from this issue. Sovereignty and Diversity is divided into three parts. In Part I, various normative theories of secession are evaluated both in relation to philosophy and to political science. Furthermore, the value and possible role of the uti possidetis principle is discussed. Part II addresses the value of various other methods to accommodate population diversity as means to solve disputes over sovereignty - namely multiculturalism, federalism, and decentralization, as well as minority rights. Finally, Part III groups together three case studies - the first two dealing with the secession and partition theme, while the last one shows the potential of other, less controversial means to address tensions about sovereignty. This volume is a collection of updated papers presented at the University of Belgrade in July 2005, at the international conference "Legal and Political Solution to Disputes over Sovereignty - From Kosovo to Quebec."
Author: Jure Vidmar
Publisher: Bloomsbury Publishing
ISBN: 1782250913
Category : Law
Languages : en
Pages : 336
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Book Description
This book analyses the emerging practice in the post-Cold War era of the creation of a democratic political system along with the creation of new states. The existing literature either tends to conflate self-determination and democracy or dismisses the legal relevance of the emerging practice on the basis that democracy is not a statehood criterion. Such arguments are simplistic. The statehood criteria in contemporary international law are largely irrelevant and do not automatically or self-evidently determine whether or not an entity has emerged as a new state. The question to be asked, therefore, is not whether democracy has become a statehood criterion. The emergence of new states is rather a law-governed political process in which certain requirements regarding the type of a government may be imposed internationally. And in this process the introduction of a democratic political system is equally as relevant or irrelevant as the statehood criteria. The book demonstrates that via the right of self-determination the law of statehood requires state creation to be a democratic process, but that this requirement should not be interpreted too broadly. The democratic process in this context governs independence referenda and does not interfere with the choice of a political system. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.
Author: Ryan D. Griffiths
Publisher: Cambridge University Press
ISBN: 131679105X
Category : Political Science
Languages : en
Pages : 283
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Book Description
What are the factors that determine how central governments respond to demands for independence? Secessionist movements are numerous and quite varied in form, but the chief obstacle to their ambitions is the state itself, which can deny independence demands, deploy force if need be, and request that the international community respect its territorial integrity by not recognizing the breakaway region. Age of Secession focuses on this crucial but neglected moment in the life of a secessionist movement. Griffiths offers a novel theory using original data on secessionist movements between 1816 and 2011. He explains how state response is shaped by international and domestic factors, when conflict is likely, and why states have proliferated since 1945. He mixes quantitative methods with case studies of secessionist movements in the United Kingdom, Russia/Soviet Union, and India. This is an important book for anyone who wants to understand the phenomenon of secession.
Author: Lee James McConnell
Publisher: Taylor & Francis
ISBN: 1317220579
Category : Law
Languages : en
Pages : 297
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Book Description
The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power. This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law.
Author: Jorge E. Núñez
Publisher: Routledge
ISBN: 1000082369
Category : Juvenile Nonfiction
Languages : en
Pages : 166
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Book Description
Adopting a multi-disciplinary approach, this book opens new ground for research on territorial disputes. Many sovereignty conflicts remain unresolved around the world. Current solutions in law, political science and international relations generally prove problematic to at least one of the agents part of these differences. Arguing that disputes are complex, multi-layered and multi-faceted, this book brings together a global, inter-disciplinary view of territorial disputes. The book reviews the key conceptual elements central to legal and political sciences with regards to territorial disputes: state, sovereignty and self-determination. Looking at some of the current long-standing disputes worldwide, it compares and contrasts the many issues at stake and the potential remedies currently available in order to assess why some territorial disputes remain unresolved. Finally, it offers a set of guidelines for dispute settlement and conflict resolution that current remedies fail to provide. It will appeal to students and scholars working in international relations, legal theory and jurisprudence, public international law and political sciences.
