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Kosovo And International Law
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Book Synopsis The Kosovo Conflict and International Law by : Heike Krieger
Download or read book The Kosovo Conflict and International Law written by Heike Krieger and published by Cambridge University Press. This book was released on 2001-07-12 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was first published in 2001. The Kosovo Conflict and International Law provides international lawyers, scholars and students with access to material on the conflict in Kosovo. As well as the basic material relating to Kosovo's status in Yugoslavia before 1999, this volume reproduces the significant documentation on the following issues: the development of the human rights situation, the diplomatic efforts for the settlement of the crisis, the military action against Yugoslavia and the international community's response, court action with regard to the conflict, and the implementation of the principles for a political solution with an international civil and security presence in Kosovo. Dr Krieger's analytical introduction provides the historical and political context as well as an overview of the various legal aspects of the conflict. A chronology and detailed index make the documents more accessible.
Book Synopsis The Kosovo Conflict and International Law by : Heike Krieger
Download or read book The Kosovo Conflict and International Law written by Heike Krieger and published by Cambridge University Press. This book was released on 2012-05-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the material relating to Kosovo's pre-1999 status in Yugoslavia, the human rights situation, diplomatic efforts to settle the crisis, military action against Yugoslavia and the international community's response, court action relating to the conflict, and the implementation of the principles for a political solution with an international civil and security presence in Kosovo. An analytical introduction provides the historical and political context as well as an overview of the various legal aspects of the conflict. A chronology and detailed index make the documents more accessible.
Book Synopsis The Law and Politics of the Kosovo Advisory Opinion by : Marko Milanovic
Download or read book The Law and Politics of the Kosovo Advisory Opinion written by Marko Milanovic and published by . This book was released on 2015 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an edited collection of essays on various aspects of the 2010 Kosovo Advisory Opinion of the International Court of Justice. The main theme of the book is the interplay between law and politics regarding Kosovo's independence generally and the advisory opinion specifically. How and why did the Court become the battleground in which Kosovo's independence was to be fought out (or not)? How and why did political arguments in favour of Kosovo's independence (e.g. that Kosovo was a unique, sui generis case which set no precedent for other secessionist territories) change in the formal, legal setting of advisory proceedings before the Court? How and why did states supporting either Kosovo or Serbia choose to frame their arguments? How did the Court perceive them? What did the Court want to achieve, and did it succeed in doing so? And how was the opinion received, and what broader implications did it have so far? These are the questions that the book hopes to shed some light on. To do so, the editors assembled a stellar cast of contributors, many of whom acted as counsel or advisors in the case, as well a number of eminent scholars of politics and international relations whose pieces further enrich the book and give it an interdisciplinary angle. The book thus tells the story of the case, places it within its broader political context, and so attempts to advance our understanding of how such cases are initiated, litigated and decided, and what broader purposes they may or may not serve.
Book Synopsis Self-Determination and Humanitarian Secession in International Law of a Globalized World by : Juan Francisco Escudero Espinosa
Download or read book Self-Determination and Humanitarian Secession in International Law of a Globalized World written by Juan Francisco Escudero Espinosa and published by Springer. This book was released on 2018-03-24 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and its subsequent annexation by the Russian Federation in 2014. The work investigates the two cases so as to shed light on the international legal regime affecting entities that are smaller than a sovereign State. It analyzes the relevant principles of international law, the intention being to determine their scope and review them in light of the most recent practice and developments in international law. In turn, the book examines and explains the events of relevance for international law that occurred in the changing situations in Kosovo and Crimea. On the basis of these legal considerations, it explores how the international community can respond when faced with situations that may violate international law, together with the effectiveness of various measures. It also discusses whether certain situations might be legitimate as a concept could now be emerging that secession may be justified in specific circumstances, such as serious and widespread violations of basic human rights.
Book Synopsis The Secession of States and Their Recognition in the Wake of Kosovo by : John Dugard
Download or read book The Secession of States and Their Recognition in the Wake of Kosovo written by John Dugard and published by BRILL. This book was released on 2013-08-07 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The secession of States is subject to legal regulation. The arguments presented by States in the advisory proceedings on Kosovo confirm that there are rules of international law that determine whether the secession of a State in the post-colonial world is permissible. These rules derive from the competing principles of self-determination and territorial integrity. In deciding whether to recognize a secessionist entity as a State, or to admit it to the United Nations, States must balance these competing principles, with due regard to precedent and State practice. These lectures examine cases in which secession has succeeded (such as Israel and Bangladesh), in which it has failed (such as Biafra and Chechnya) and in which a determination is still to be made (Kosovo, Abkhazia and South Ossetia).
Book Synopsis UN Territorial Administration and Human Rights by : Gjylbehare Bella Murati
Download or read book UN Territorial Administration and Human Rights written by Gjylbehare Bella Murati and published by Routledge. This book was released on 2020-04-30 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an original and insightful analysis of the human rights inadequacies that arise in the practice of UN territorial administration by analysing and assessing the practice of UNMIK. It provides arguments based on law and principles to support the thesis that a comprehensive legal framework governing the activities of the UN mission is a crucial prerequisite for its proper functioning. This is complemented by a discussion of several emerging issues surrounding the UN activity on the ground, namely, its legislative, judicial, and executive power. The author offers an extensive and well-documented analysis of the UN’s capacity as a surrogate state administration to respond to the needs of the governed population and, above all, protect its fundamental rights. Based on her findings, Murati concludes that only a comprehensive mandate can serve the long term interests of the international community’s objective to efficiently promote, protect, and fulfil human rights in a war-torn society. UN Territorial Administration and Human Rights provides a detailed critical legal analysis of one of the major UN administrations of territory after the Cold War, namely, the UN administration of Kosovo from 1999 to 2008. The analysis in this book will be beneficial to international law and international relations scholars and students, as well as policymakers and persons working for international organisations. The analysis and the lessons learned through this study shed light on the challenges entailed in governing territories and rebuilding state institutions while upholding the rule of law and ensuring respect for human rights.
Book Synopsis Kosovo: A Precedent? by : James Summers
Download or read book Kosovo: A Precedent? written by James Summers and published by Martinus Nijhoff Publishers. This book was released on 2011-08-25 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together leading scholars to consider the legal impact of the precedent set by Kosovo’s 2008 declaration of independence and its consequences for statehood, self-determination and minority rights.
Book Synopsis Limits of Law, Prerogatives of Power by : M. Glennon
Download or read book Limits of Law, Prerogatives of Power written by M. Glennon and published by Springer. This book was released on 2001-07-31 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: NATO's bombing of Yugoslavia was justified. NATO violated the United Nations Charter - but nations have used armed force so often that the ban on non-defensive use of force has been cast into doubt. Dangerous cracks in the international legal order have surfaced - widened, ironically, by the UN Security Council itself, which has ridden roughshod over the Charter's ban on intervention. Yet nations remain hopelessly divided on what the rules should be. An unplanned geopolitical order has thus emerged - posing serious dilemmas for American policy-makers in a world where intervention will be judged more by wisdom than by law.
Book Synopsis Unravelling Liberal Interventionism by : Gëzim Visoka
Download or read book Unravelling Liberal Interventionism written by Gëzim Visoka and published by Routledge. This book was released on 2019-04-10 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite calls for the decolonisation of knowledge, scholars who come from conflict-affected societies remained marginalised, excluded from the examination of the politics and impacts of liberal interventionism. This edited volume gives local scholars a platform from which they critically examine different aspects of liberal interventionism and statebuilding in Kosovo. Drawing on situational epistemologies and grounded approaches, the chapters in this book interrogate a wide range of themes, including: the politics of local resistance; the uneven relationship between international statebuilders and local subjects; faking of local ownership of security sector reform and the rule of law; heuristic and practical limits of interventionism, as well as the subjugated voices in statebuilding process, such as minorities and women. The book finds that the local is not antidote to the liberal, and that local perspectives are not monolithic. Yet, local critiques of statebuilding do not seek to generate replicable knowledge; rather they prefer generating situational and context-specific knowledge be that to resolve problems or uncover the unresolved problems. The book seeks to contribute to critical peace and conflict studies by (re)turning the local turn to local scholars who come from conflict-affected societies and who have themselves experienced the transition from war to peace. This book, voted one of the top 10 books of 2020 by International Affairs, is essential reading for students and scholars of peace- and state-building, conflict studies and international relations.
Book Synopsis Lessons of Kosovo by : Aleksandar Jokic
Download or read book Lessons of Kosovo written by Aleksandar Jokic and published by Broadview Press. This book was released on 2003-02-26 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law makes it explicit that states shall not intervene militarily of otherwise in the affairs of other states; it is a central principle of the charter of the United Nations. But international law also provides an exception; when a conflict within a state poses a threat to international peace, military intervention by the UN may be warranted. (Indeed, the UN Charter provides for an international police force, though nothing has ever come of this provision.) The Charter and other UN documents also assert that human rights are to be protected—but in the past the responsibility for the protection of human rights has for the most part been allowed to rest on the government of the state where the violation of rights occurs. Not surprisingly in this context, the question of what protection (if any) should be provided by the UN or otherwise to individuals when their human rights are violated by their governments or with the complicity of their governments remains a contentious issue. Should the principle of respect for state sovereignty trump the principle of respect for human rights? In this volume contributors grapple with a specific case: was the North Atlantic Treaty Organization (NATO) intervention in Kosovo legally or morally acceptable? The contributors all have doubts on this score, and several argue strongly that the intervention was both legally and morally unjustified. A companion volume, Humanitarian Intervention: Moral and Philosophical Issues focuses on the philosophical principles involved in this sort of question; this volume, on the other hand, focuses as much or more on the political as on the philosophical.
Book Synopsis Contested Statehood by : Marc Weller
Download or read book Contested Statehood written by Marc Weller and published by . This book was released on 2009-03-12 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first critical analysis of the international attempts to settle the Kosovo crisis, written from first hand insights of the settlement attempts. It covers several strands of analysis, including the tension between state sovereignty and humanitarian concerns, and the role of the threat or use of force in coercive international diplomacy.
Author :Independent International Commission on Kosovo Publisher :Oxford University Press ISBN 13 :0199243093 Total Pages :380 pages Book Rating :4.1/5 (992 download)
Book Synopsis The Kosovo Report by : Independent International Commission on Kosovo
Download or read book The Kosovo Report written by Independent International Commission on Kosovo and published by Oxford University Press. This book was released on 2000-10-19 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The war in Kosovo was a turning point: NATO deployed its armed forces in war for the first time, and placed the controversial doctrine of 'humanitarian intervention' squarely in the world's eye. It was an armed intervention for the purpose of implementing Security Council resolutions-but without Security Council authorization.This report tries to answer a number of burning questions, such as why the international community was unable to act earlier and prevent the escalation of the conflict, as well as focusing on the capacity of the United Nations to act as global peacekeeper.The Commission recommends a new status for Kosovo, 'conditional independence', with the goal of lasting peace and security for Kosovo-and for the Balkan region in general. But many of the conslusions may be beneficially applied to conflicts the world-over.
Book Synopsis Self-Determination and Secession in International Law by : Christian Walter
Download or read book Self-Determination and Secession in International Law written by Christian Walter and published by OUP Oxford. This book was released on 2014-06-05 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.
Book Synopsis The Creation of States in International Law by : James Crawford
Download or read book The Creation of States in International Law written by James Crawford and published by Oxford University Press. This book was released on 2006 with total page 943 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statehood in the early 21st century remains as much a central problem now as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.
Book Synopsis The Individual in the International Legal System by : Kate Parlett
Download or read book The Individual in the International Legal System written by Kate Parlett and published by Cambridge University Press. This book was released on 2011-04-14 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.
Book Synopsis Legitimacy in International Law by : Rüdiger Wolfrum
Download or read book Legitimacy in International Law written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2008-02-26 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Book Synopsis Just War Or Just Peace? by : Simon Chesterman
Download or read book Just War Or Just Peace? written by Simon Chesterman and published by . This book was released on 2002 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks whether states have the right to intervene in foreign civil conflicts for humanitarian reasons. The UN Charter prohibits state aggression, but many argue that such a right exists as an exception to this rule. Offering a thorough analysis of this issue, the book puts NATO's action in Kosovo in its proper legal perspective.
