Law Territory And Conflict Resolution

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Resolving Conflicts of Laws

Author : Mark James Leeming
Publisher :
ISBN 13 : 9781862878259
Total Pages : 258 pages
Book Rating : 4.8/5 (782 download)

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Book Synopsis Resolving Conflicts of Laws by : Mark James Leeming

Download or read book Resolving Conflicts of Laws written by Mark James Leeming and published by . This book was released on 2011 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resolving Conflicts of Laws was cited 6 times by the High Court in Momcilovic v The Queen (2011) 2451 CLR 1; [2011] HCA 34. It has also been cited in the Same-Sex Marriage Case (Commonwealth of Australia v Australian Capital Territory) (2013) 250 CLR 441; [2013] HCA 55 at [61], in Plaintiff M47-2012 v Director General of Security (2012) 251 CLR 1; [2012] HCA 46 at [54] and [136], in Sportsbet Pty Ltd v New South Wales (2012) 249 CLR 298; [2012] HCA 13 at [10], in CFMEU v Director of the Fair Work Building Industry Inspectorate (No 2) (2013) 209 FCR 464; [2013] FCAFC 25 at [61]; in Wreck Bay Aboriginal Community Council v Williams [2017] ACTCA 46 at [45] and [47] and in a large number of other appellate and first instance decisions. An important feature in all legal systems, but especially in federations whose polities have overlapping legislative powers, is that those laws regularly conflict - or at least are claimed to conflict. Any coherent legal system must have principles for resolving such conflicts. Those principles are of immense practical as well as theoretical importance. This book, which straddles constitutional law and statutory interpretation, describes and analyses those principles.This book does not merely address the conflicts between Commonwealth and State laws resolved by the Constitution (although it does that and in detail). It analyses the resolution of all of the conflicts of laws that occur in the Australian legal system: conflicts between laws enacted by the same Parliament and indeed within the same statute, conflicts between Commonwealth, State, Territory, Imperial laws and delegated legislation.After identifying the laws in force in Australia, the chapters deal with:conflicts in laws made by the same legislature, focussing on the interpretative process of statutory construction;repugnancy, a doctrine with continuing vitality in the areas of s79 of the Judiciary Act, delegated legislation and Territory laws;conflicts between laws of the Commonwealth and State laws, proposing that the categories of inconsistency (commonly three: direct, indirect and "covering the field") are best seen aspects of a single constitutional concept;conflicts between the laws of two States, andconflicts involving the laws of the self-governing Territories

Contested Territories and International Law

Author : Kamal Makili-Aliyev
Publisher : Routledge
ISBN 13 : 1000749959
Total Pages : 142 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Contested Territories and International Law by : Kamal Makili-Aliyev

Download or read book Contested Territories and International Law written by Kamal Makili-Aliyev and published by Routledge. This book was released on 2019-10-14 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the possibilities for resolution of the Nagorno-Karabakh Conflict in the context of comparative international law. The armed conflict between Armenia and Azerbaijan over the territory of the Nagorno-Karabakh has been on the peace and security agenda since the dissolution of the Soviet Union. This volume draws parallels with a similar situation between Sweden and Finland over sovereignty of the Aland Islands in the early 20th century. Resolved in 1921, it is argued that this represents a model autonomy solution for territorial conflicts that include questions of territorial integrity, self-determination and minority rights. The book compares both conflict situations from the international law perspective, finding both commonalities and dissimilarities. It advances the application of the solution found in the Aland Islands precedent as a model for the resolution of the Nagorno-Karabakh Conflict, and provides appropriate recommendations for its implementation. The book will be of interest to academics, researchers and policymakers in the areas of international law and security, conflict resolution and international relations.

Law, Territory and Conflict Resolution

Author : Matteo Nicolini
Publisher : BRILL
ISBN 13 : 9004311297
Total Pages : 391 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Law, Territory and Conflict Resolution by : Matteo Nicolini

Download or read book Law, Territory and Conflict Resolution written by Matteo Nicolini and published by BRILL. This book was released on 2016-05-02 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prompted by the de facto secession of Crimea in early 2014, Law, Territory and Conflict Resolution explores the role of law in territorial disputes, and therefore sheds light on the legal ‘realities’ in territorial conflicts. Seventeen scholars with backgrounds in comparative constitutional law and international law critically reflect on the well-established assumption that law is ‘part of the solution’ in territorial conflicts and ask whether the law cannot equally be ‘part of the problem’. The volume examines theory, practice, legislation and jurisprudence from various case studies, thus offering further insights on the following complex issue: can law act as an effective instrument for the governance of territorial disputes and conflicts?

Territorial Conflicts in World Society

Author : Stephen Stetter
Publisher : Routledge
ISBN 13 : 1134116179
Total Pages : 227 pages
Book Rating : 4.1/5 (341 download)

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Book Synopsis Territorial Conflicts in World Society by : Stephen Stetter

Download or read book Territorial Conflicts in World Society written by Stephen Stetter and published by Routledge. This book was released on 2007-04-04 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: By bringing into dialogue modern systems theory and international relations, this text provides theoretically innovative and empirically rich perspectives on conflicts in world society. This collection contrasts Niklas Luhmann’s theory of world society in modern systems theory with more classical approaches to the study of conflicts, offering a fresh perspective on territorial conflicts in international relations. It includes chapters on key issues such as: conflicts and human rights conflicts in the Middle East and sub-Saharan Africa war and violence Greek-Turkish relations conflict theory the role of states in world societal conflicts legal territorial disputes in Australia hegemony and conflict in global law conflict management after 9/11. While all contributions draw from the theory of world society in modern systems theory, the authors offer rich multi-disciplinary perspectives which bring in concepts from international relations, peace and conflict studies, sociology, law and philosophy. Territorial Conflicts in World Society will appeal to international relations specialists, peace and conflict researchers and sociologists.

International Law in a Transcivilizational World

Author : Onuma Yasuaki
Publisher : Cambridge University Press
ISBN 13 : 1107024730
Total Pages : 733 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis International Law in a Transcivilizational World by : Onuma Yasuaki

Download or read book International Law in a Transcivilizational World written by Onuma Yasuaki and published by Cambridge University Press. This book was released on 2017-02-15 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.

Settlers in Contested Lands

Author : Oded Haklai
Publisher : Stanford University Press
ISBN 13 : 0804796521
Total Pages : 256 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Settlers in Contested Lands by : Oded Haklai

Download or read book Settlers in Contested Lands written by Oded Haklai and published by Stanford University Press. This book was released on 2015-10-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Settlers feature in many protracted territorial disputes and ethnic conflicts around the world. Explaining the dynamics of the politics of settlers in contested territories in several contemporary cases, this book illuminates how settler-related conflicts emerge, evolve, and are significantly more difficult to resolve than other disputes. Written by country experts, chapters consider Israel and the West Bank, Arab settlers in Kirkuk, Moroccan settlers in Western Sahara, settlers from Fascist Italy in North Africa, Turkish settlers in Cyprus, Indonesian settlers in East Timor, and Sinhalese settlers in Sri Lanka. Addressing four common topics—right-sizing the state, mobilization and violence, the framing process, and legal principles versus pragmatism—the cases taken together raise interrelated questions about the role of settlers in conflicts in contested territory. Then looking beyond the similar characteristics, these cases also illuminate key differences in levels of settler mobilization and the impact these differences can have on peace processes to help explain different outcomes of settler-related conflicts. Finally, cases investigate the causes of settler mobilization and identify relevant conflict resolution mechanisms.

Law and Conflict Resolution in Kashmir

Author : Piotr Balcerowicz
Publisher : Routledge Studies in South Asian Politics
ISBN 13 : 9781032048529
Total Pages : 0 pages
Book Rating : 4.0/5 (485 download)

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Book Synopsis Law and Conflict Resolution in Kashmir by : Piotr Balcerowicz

Download or read book Law and Conflict Resolution in Kashmir written by Piotr Balcerowicz and published by Routledge Studies in South Asian Politics. This book was released on 2022-01-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides analysis of the legal status of territories of the former Princely State of Jammu and Kashmir, considering potential opportunities for Kashmir conflict resolution. Containing a detailed survey of relevant legislation and international documents, chapters throughout this book investigate the attempts and failures of Kashmir conflict resolution, holding up factors which could enable more peaceful relations between India and Pakistan with inclusion of the inhabitants of the erstwhile Princely State of Jammu and Kashmir. The book goes further than outlining how India and Pakistan determine the legal status of their portions of Kashmir by demonstrating the complexity of legal arrangements and why this protracted conflict is so difficult to resolve. As the Kashmir conflict is not only about territory and irredentism, themes such as cultural and national identity, power procurement, territorial security, communal rivalry, religious radicalisation, economic factors, and social issues are all taken into consideration. Law and Conflict Resolution in Kashmir will appeal to students and scholars of peace and conflict studies, international relations, international law studies, and South Asian studies. Chapter 15 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Constitutions and Conflict Management in Africa

Author : Alan J. Kuperman
Publisher : University of Pennsylvania Press
ISBN 13 : 0812246586
Total Pages : 304 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Constitutions and Conflict Management in Africa by : Alan J. Kuperman

Download or read book Constitutions and Conflict Management in Africa written by Alan J. Kuperman and published by University of Pennsylvania Press. This book was released on 2015-07-16 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting the first database of constitutional design in all African countries, and seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence.

International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations

Author : Daniëlla Dam-de Jong
Publisher : Cambridge University Press
ISBN 13 : 110709383X
Total Pages : 515 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations by : Daniëlla Dam-de Jong

Download or read book International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations written by Daniëlla Dam-de Jong and published by Cambridge University Press. This book was released on 2015-06-26 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of the role of international law in preventing natural resources from fuelling armed conflict and improving their governance.

Land and Post-Conflict Peacebuilding

Author : Jon Unruh
Publisher : Routledge
ISBN 13 : 1136536620
Total Pages : 539 pages
Book Rating : 4.1/5 (365 download)

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Book Synopsis Land and Post-Conflict Peacebuilding by : Jon Unruh

Download or read book Land and Post-Conflict Peacebuilding written by Jon Unruh and published by Routledge. This book was released on 2013-07-18 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Claims to land and territory are often a cause of conflict, and land issues present some of the most contentious problems for post-conflict peacebuilding. Among the land-related problems that emerge during and after conflict are the exploitation of land-based resources in the absence of authority, the disintegration of property rights and institutions, the territorial effect of battlefield gains and losses, and population displacement. In the wake of violent conflict, reconstitution of a viable land-rights system is crucial: an effective post-conflict land policy can foster economic recovery, help restore the rule of law, and strengthen political stability. But the reestablishment of land ownership, land use, and access rights for individuals and communities is often complicated and problematic, and poor land policies can lead to renewed tensions. In twenty-one chapters by twenty-five authors, this book considers experiences with, and approaches to, post-conflict land issues in seventeen countries and in varied social and geographic settings. Highlighting key concepts that are important for understanding how to address land rights in the wake of armed conflict, the book provides a theoretical and practical framework for policy makers, researchers, practitioners, and students. Land and Post-Conflict Peacebuilding is part of a global initiative to identify and analyze lessons in post-conflict peacebuilding and natural resource management. The project has generated six edited books of case studies and analyses, with contributions from practitioners, policy makers, and researchers. Other books in the series address high-value resources, water, livelihoods, assessing and restoring resources, and governance.

International Law and the Classification of Conflicts

Author : Elizabeth Wilmshurst
Publisher : OUP Oxford
ISBN 13 : 0191632236
Total Pages : 568 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Law and the Classification of Conflicts by : Elizabeth Wilmshurst

Download or read book International Law and the Classification of Conflicts written by Elizabeth Wilmshurst and published by OUP Oxford. This book was released on 2012-08-02 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.

Customary Justice and the Rule of Law in War-torn Societies

Author : Deborah Isser
Publisher : US Institute of Peace Press
ISBN 13 : 1601270666
Total Pages : 402 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Customary Justice and the Rule of Law in War-torn Societies by : Deborah Isser

Download or read book Customary Justice and the Rule of Law in War-torn Societies written by Deborah Isser and published by US Institute of Peace Press. This book was released on 2011 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "

Jurisdiction in International Law

Author : Cedric Ryngaert
Publisher :
ISBN 13 : 0199688516
Total Pages : 273 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Jurisdiction in International Law by : Cedric Ryngaert

Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

The Democratic Peace and Territorial Conflict in the Twentieth Century

Author : Paul K. Huth
Publisher : Cambridge University Press
ISBN 13 : 9780521805087
Total Pages : 486 pages
Book Rating : 4.8/5 (5 download)

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Book Synopsis The Democratic Peace and Territorial Conflict in the Twentieth Century by : Paul K. Huth

Download or read book The Democratic Peace and Territorial Conflict in the Twentieth Century written by Paul K. Huth and published by Cambridge University Press. This book was released on 2002 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Table of contents

Mobilising International Law for 'Global Justice'

Author : Jeff Handmaker
Publisher : Cambridge University Press
ISBN 13 : 1108497942
Total Pages : 265 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Mobilising International Law for 'Global Justice' by : Jeff Handmaker

Download or read book Mobilising International Law for 'Global Justice' written by Jeff Handmaker and published by Cambridge University Press. This book was released on 2019 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critically explores how international law is mobilised, by global and local actors, to achieve or block global justice efforts.

Strong Borders, Secure Nation

Author : M. Taylor Fravel
Publisher : Princeton University Press
ISBN 13 : 1400828872
Total Pages : 394 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Strong Borders, Secure Nation by : M. Taylor Fravel

Download or read book Strong Borders, Secure Nation written by M. Taylor Fravel and published by Princeton University Press. This book was released on 2008-08-25 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: As China emerges as an international economic and military power, the world waits to see how the nation will assert itself globally. Yet, as M. Taylor Fravel shows in Strong Borders, Secure Nation, concerns that China might be prone to violent conflict over territory are overstated. The first comprehensive study of China's territorial disputes, Strong Borders, Secure Nation contends that China over the past sixty years has been more likely to compromise in these conflicts with its Asian neighbors and less likely to use force than many scholars or analysts might expect. By developing theories of cooperation and escalation in territorial disputes, Fravel explains China's willingness to either compromise or use force. When faced with internal threats to regime security, especially ethnic rebellion, China has been willing to offer concessions in exchange for assistance that strengthens the state's control over its territory and people. By contrast, China has used force to halt or reverse decline in its bargaining power in disputes with its militarily most powerful neighbors or in disputes where it has controlled none of the land being contested. Drawing on a rich array of previously unexamined Chinese language sources, Strong Borders, Secure Nation offers a compelling account of China's foreign policy on one of the most volatile issues in international relations.

Handbook on the Peaceful Settlement of Disputes Between States

Author : United Nations. Codification Division
Publisher : New York : United Nations
ISBN 13 :
Total Pages : 268 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Handbook on the Peaceful Settlement of Disputes Between States by : United Nations. Codification Division

Download or read book Handbook on the Peaceful Settlement of Disputes Between States written by United Nations. Codification Division and published by New York : United Nations. This book was released on 1992 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: