Sovereignty in the Exercise of the Right to Self-Determination PDF Download
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Author: Jane A. Hofbauer
Publisher: BRILL
ISBN: 900432870X
Category : Law
Languages : en
Pages : 379
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Book Description
Sovereignty in the Exercise of the Right to Self-Determination detangles the relationship between a number of principles of international law and the exercise of sovereign power. Jane Hofbauer’s assessment is conducted through an analysis of the different tiers of self-determination, ranging from the right to exercise external self-determination, the right to exercise forms of autonomy as a form of de facto independence, and the right to a type of ‘spatial’ independence, exemplified through the principles of permanent sovereignty over natural resources (PSNR), and free, prior and informed consent (FPIC). The book not only highlights the (intentional) uncertainties within each of these principles, but identifies the (non-discretionary) limits to their normative evolution. It thereby explores to what extent (indigenous) peoples can be designated as sovereign entities.
Author: Jane A. Hofbauer
Publisher: BRILL
ISBN: 900432870X
Category : Law
Languages : en
Pages : 379
Get Book Here
Book Description
Sovereignty in the Exercise of the Right to Self-Determination detangles the relationship between a number of principles of international law and the exercise of sovereign power. Jane Hofbauer’s assessment is conducted through an analysis of the different tiers of self-determination, ranging from the right to exercise external self-determination, the right to exercise forms of autonomy as a form of de facto independence, and the right to a type of ‘spatial’ independence, exemplified through the principles of permanent sovereignty over natural resources (PSNR), and free, prior and informed consent (FPIC). The book not only highlights the (intentional) uncertainties within each of these principles, but identifies the (non-discretionary) limits to their normative evolution. It thereby explores to what extent (indigenous) peoples can be designated as sovereign entities.
Author: Aureliu Cristescu
Publisher: New York : United Nations
ISBN:
Category : Political Science
Languages : en
Pages : 142
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Book Description
Author: Jorge E. Viñuales
Publisher: Cambridge University Press
ISBN: 1108662307
Category : Law
Languages : en
Pages : 1074
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Book Description
The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.
Author: Fernando R. Tesón
Publisher: Cambridge University Press
ISBN: 1107119138
Category : Law
Languages : en
Pages : 259
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Book Description
In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.
Author: Patrick Macklem
Publisher: Oxford University Press
ISBN: 019026733X
Category : Law
Languages : en
Pages : 272
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Book Description
The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.
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: Olgun Akbulut
Publisher: BRILL
ISBN: 9004405453
Category : Law
Languages : en
Pages : 285
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Book Description
This volume, Minority Self-Government in Europe and the Middle East: From Theory to Practice, is novel from several perspectives. It combines theory with facts on the ground, going beyond legal perspectives without neglecting existing laws and their implementation. Theoretical discussions transcend examining existing autonomy models in certain regions. It offers new models in the field, discussing such critical themes as environmentalism. Traditional concepts such as self-determination and well-known successful autonomy examples, including the Åland Islands, Basque and Catalonian models, are examined from different perspectives. Some chapters in this volume focus on certain regions (including Turkey, Syria, and Iraq) which have only recently received scholarly attention. Chapters complement one another in terms of their theoretical inputs and outputs from the field.
Author: Ben Saul
Publisher: Oxford University Press
ISBN: 0199640300
Category : Law
Languages : en
Pages : 1358
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Book Description
"One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.
Author: Nihal Jayawickrama
Publisher: Cambridge University Press
ISBN: 9780521780421
Category : Law
Languages : en
Pages : 1104
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Book Description
10 The right to life
Author: Jens David Ohlin
Publisher: Cambridge University Press
ISBN: 1108861326
Category : Law
Languages : en
Pages : 233
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Book Description
Russian interference in the 2016 US presidential election produced the biggest political scandal in a generation, marking the beginning of an ongoing attack on democracy. In the run-up to the 2020 election, Russia was found to have engaged in more “information operations,” a practice that has been increasingly adopted by other countries. In Election Interference, Jens David Ohlin makes the case that these operations violate international law, not as a cyberwar or a violation of sovereignty, but as a profound assault on democratic values protected by the international legal order under the rubric of self-determination. He argues that, in order to confront this new threat to democracy, countries must prohibit outsiders from participating in elections, enhance transparency on social media platforms, and punish domestic actors who solicit foreign interference. This important book should be read by anyone interested in protecting election integrity in our age of social media disinformation.
