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Author: Manuela Melandri
Publisher: Routledge
ISBN: 0429880987
Category : Law
Languages : en
Pages : 258
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Book Description
The right to self-determination has played a crucial role in the process of assisting oppressed people to put an end to colonial domination. Outside of the decolonization context, however, its relevance and application has constantly been challenged and debated. This book examines the role played by self-determination in international law with regard to post-conflict state building. It discusses the question of whether self-determination protects local populations from the intervention of international state-builders in domestic affairs. With a focus on the right as it applies to the people of an independent state, it explores how self-determination concerns that arise in the post-conflict period play out in relation to the reconstruction process. The book analyses the situation in Somalia as a means of drawing out the impact and significance of the legal principle of self-determination in the process of rebuilding post-conflict institutions. In so doing, it seeks to highlight how the relevance of self-determination is often overlooked in this context.
Author: Manuela Melandri
Publisher: Routledge
ISBN: 0429880987
Category : Law
Languages : en
Pages : 258
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Book Description
The right to self-determination has played a crucial role in the process of assisting oppressed people to put an end to colonial domination. Outside of the decolonization context, however, its relevance and application has constantly been challenged and debated. This book examines the role played by self-determination in international law with regard to post-conflict state building. It discusses the question of whether self-determination protects local populations from the intervention of international state-builders in domestic affairs. With a focus on the right as it applies to the people of an independent state, it explores how self-determination concerns that arise in the post-conflict period play out in relation to the reconstruction process. The book analyses the situation in Somalia as a means of drawing out the impact and significance of the legal principle of self-determination in the process of rebuilding post-conflict institutions. In so doing, it seeks to highlight how the relevance of self-determination is often overlooked in this context.
Author: Matthew Saul
Publisher: Routledge
ISBN: 1317669916
Category : Law
Languages : en
Pages : 355
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Book Description
The trend for international engagement in post-conflict reconstruction has produced a host of best-practice postulates on topics such as local involvement in decision-making, accountability for past atrocities, sensitivity to context, and the construction of democratic institutions of governance. International law has potential relevance for many of these themes, yet the question of how the implementation of best-practice policy recommendations might be affected by international law remains under-examined. This book offers a fuller understanding of the role of international law in the practice of post-conflict reconstruction. It explores how international legal issues that arise in the post-conflict period relate to a number of strands of the policy debate, including government creation, constitution-making, gender policy, provision of security, justice for past atrocities, rule of law development, economic recovery, returning displaced persons, and responsibilities of international actors. The chapters of the book work to reveal the extent to which international law figures in the policy of internationally enabled post-conflict reconstruction across a range of sectors. They also highlight the scope for international law to be harnessed in a more effective manner from the perspective of the transition to peace and stability. The book lays out a basis for future policy making on post-conflict reconstruction; one that is informed about the international legal parameters, and more aware of how international law can be utilized to promote key objectives.
Author: James Summers
Publisher: Martinus Nijhoff Publishers
ISBN: 9004232966
Category : Law
Languages : en
Pages : 671
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Book Description
Peoples and International Law is a detailed survey of the law of self-determination with a focus on the concept of nations and peoples. It engages with different aspects of this law with particular emphasis on the drafting and implementation of international instruments. The second edition includes new coverage of the Declaration on the Rights of Indigenous Peoples and the African and Arab charters. It considers recent practice by the Human Rights Committee, Committee on Economic, Social and Cultural Rights and African Commission on Human and Peoples’ Rights dealing with the emerging political, economic and environmental aspects of the right. The book looks at the interaction of international law, nationalism and liberalism in theories of nationhood and self-determination, as well as, the historical development of the right and the decisions of international bodies. Lastly, it examines practice in this area, including new developments in remedial independence and international territorial administration. Also available in hardback.
Author: Carina Lamont
Publisher: Routledge
ISBN: 1000473252
Category : Law
Languages : en
Pages : 245
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Book Description
This book proposes a normative framework specifically designed for the complex and legally uncertain time period between armed conflicts and peace. As such, it contributes both to the furthering of a jus post bellum framework, and to enhanced legal clarity in complex and legally uncertain environments. This, in turn, contributes to strengthened protection engagements, and thus to improved prospects of enabling sustainable peace and security in both national and international perspectives. The book offers a novel but persuasive argument for a legal framework specific for transitional environments. Such legal framework, it is argued, is warranted in order to enable legal clarity to contemporary and outstanding legal issues, as well as to furthering peace efforts in complex environments. The legal framework suggested proposes a dividing line between applicable legal frameworks that, it is submitted, enhances both legal clarity on protection engagements and the quest for sustainable peace. The framework proposed is founded on a legal analysis of the protective nature and function of law. It thus provides a rare but important perspective on law that is of value in the quest for sustainable peace and security. The research draws uniquely on both contemporary legal debates, and on peace and conflict research. It does so in order to enable legal analysis that is both legally sound, as well as appropriate and adequate in today’s peace and security realities. The book provides a valuable resource for academics, researchers and policy-makers in the areas of Public International Law, International Humanitarian Law, International Human Rights Law, (the law of) Peace Operations, and Peace and Security Studies.
Author: Marc Weller
Publisher: Routledge
ISBN: 1134299079
Category : Political Science
Languages : en
Pages : 340
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Book Description
Conflicts over the rights of self-defined population groups to determine their own destiny within the boundaries of existing states are among the most violent forms of inter-communal conflict. Many experts agree that autonomy regimes are a useful framework within which competing claims to self-determination can be accommodated. This volume explores and analyses the different options available. The contributors assess the current state of the theory and practice of institutional design for the settlement of self-determination conflicts, and also compare and contrast detailed case studies on autonomous regimes in the former Yugoslavia, the Crimea, Åland, Northern Ireland, Latin America, Indonesia and Vietnam.
Author: Matthew Saul
Publisher: Cambridge University Press
ISBN: 1107055318
Category : Law
Languages : en
Pages : 285
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Book Description
How can a population influence decision-making on post-conflict reconstruction? This book explores the international legal framework for post-conflict popular governance.
Author: Milena Sterio
Publisher: Edward Elgar Publishing
ISBN: 1785361228
Category : Law
Languages : en
Pages : 239
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Book Description
Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.
Author: Elizabeth Chadwick
Publisher: Martinus Nijhoff Publishers
ISBN: 9041101225
Category : Law
Languages : en
Pages : 238
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Book Description
Parties to a conflict.
Author: Nicole Eggers
Publisher: Routledge
ISBN: 135104401X
Category : History
Languages : en
Pages : 210
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Book Description
Differing interpretations of the history of the United Nations on the one hand conceive of it as an instrument to promote colonial interests while on the other emphasize its influence in facilitating self-determination for dependent territories. The authors in this book explore this dynamic in order to expand our understanding of both the achievements and the limits of international support for the independence of colonized peoples. This book will prove foundational for scholars and students of modern history, international history, and postcolonial history.
Author: Kalana Senaratne
Publisher: Cambridge University Press
ISBN: 1108625681
Category : Law
Languages : en
Pages : 293
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Book Description
Internal self-determination is an under-explored topic in international law. It is popularly understood to be a principle of relatively recent origin, promoting democratic freedoms to populations and autonomy for minority groups within states. It has also been viewed as a principle receiving the support of Western states, in particular. In this first book-length critical study of the topic, the reader is invited to rethink the history, theory and practice of internal self-determination in a complex world. Kalana Senaratne shows that it is a principle of great, but varied, potential. Internal self-determination promises democratic freedoms and autonomy to peoples; but it also represents an idea which is not historically new, and is ultimately a principle which can be promoted for different and conflicting purposes. Written in a clear and accessible style, this book will be of interest to international lawyers, state-officials, minority groups, and students of law and politics.
