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Territorial Status In International Law
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Book Synopsis Territorial Status in International Law by : Jure Vidmar
Download or read book Territorial Status in International Law written by Jure Vidmar and published by Bloomsbury Publishing. This book was released on 2024-01-11 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a new theory of territorialism and international legal status of territories. It (i) defines the concept of territory, explaining how territories are created; (ii) redefines the concept of statehood, illustrating that statehood (rather than the statehood criteria) is territorial legal status established in the formal sources of international law; and (iii) grounds non-state territorial entities in the sources of international law to explain their international legal status. This fresh new theoretical perspective has both scholarly and practical importance, providing a tool helping decision-makers and judges in the practical application of international law both internationally and domestically.
Book Synopsis Territorial Integrity in a Globalizing World by : Abdelhamid El Ouali
Download or read book Territorial Integrity in a Globalizing World written by Abdelhamid El Ouali and published by Springer Science & Business Media. This book was released on 2012-03-26 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive, highly informative and interdisciplinary study on territorial integrity and the challenges globalization, self-determination and external interventions present. This study aims at not only to fill an epistemological gap in this regard, but also answer the question of whether International Law is adequately equipped to help states address these challenges. The author argues that the biggest threat that many states are confronted with today is their disintegration rather than their obsolescence, and that International Law has not often been able to prevent that eventuality. In fact, states, when they were not destroyed by war, managed to survive, thanks to the flexibility of territoriality, i.e. their ability to adjust to difficult situations as they arose. It is this understanding of adaptation that urges an increasing number of states today to revive territorial autonomy and restore an original understanding of self-determination in which democracy is a pivotal factor in establishing congruence between the states and their nations. While this move is endorsed by International Law, it is not the case for globalization; for their own sake, proponents of globalization should recognize that the states are irreplaceable as long as they remain the sole providers of protection for their peoples.
Book Synopsis Territorial Leasing in Diplomacy and International Law by : Michael J. Strauss
Download or read book Territorial Leasing in Diplomacy and International Law written by Michael J. Strauss and published by BRILL. This book was released on 2015-05-27 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Territorial Leasing in Diplomacy and International Law draws from a large number of cases to examine and assess this relatively common but unexplored practice in which states reallocate their rights on territory without altering boundaries or resorting to definitive cessions.
Book Synopsis Unlawful Territorial Situations in International Law by : Enrico Milano
Download or read book Unlawful Territorial Situations in International Law written by Enrico Milano and published by BRILL. This book was released on 2005-12-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law.The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.
Book Synopsis International Law and Self-Determination by : Joshua Castellino
Download or read book International Law and Self-Determination written by Joshua Castellino and published by Martinus Nijhoff Publishers. This book was released on 2000-09-14 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: TABLE OF UN DOCUMENTS.
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: This edition brings the treatment of statehood in the field of international law up to date. It retains a wealth of historical material and introduces new problems such as the disposition of territory in Kosovo and East Timor, claims for secession in Chechnya and Quebec and devolution in Scotland.
Book Synopsis The Acquisition of Territory in International Law by : Robert Yewdall Jennings
Download or read book The Acquisition of Territory in International Law written by Robert Yewdall Jennings and published by Manchester University Press. This book was released on 1963 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis State Territory and International Law by : Josephat Ezenwajiaku
Download or read book State Territory and International Law written by Josephat Ezenwajiaku and published by Routledge. This book was released on 2020-05-31 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a re-interpretation of Article 2(4) of the Charter of the United Nations to read, or at least include, respect for the inviolability of State territory. While States purport to obey the prohibition of the Use of Force, they frequently engage in activities that could undermine international peace and security. In this book the author argues that State practice, opinio juris, as well as contentious and advisory opinions of the International Court of Justice, have promoted the first limb of Article 2(4). Although wars between States have decreased, the maintenance of international peace and security remains a mirage, as shown by the increase in intra- and inter-State conflicts across the world. The author seeks to initiate a rethinking of the provision of Article 2(4), which the International Court of Justice has described as the cornerstone of the United Nations. The author argues that the time is ripe for States to embrace an evolutive interpretation of Article 2(4) to mean respect, as opposed to the traditional view of the threat, or the use, of force. He also evaluates the discourse regarding territorial jurisdiction in cyberspace and argues that the efforts made by the international community to apply Article 2(4) to cyberspace suggest that the article is a flexible and live instrument that should be adjusted to address the circumstances that endanger international peace and security. This book will engineer a serious debate regarding the scope of Article 2(4), which before now has always been limited to the threat or use of force. As a result, it will be of interest to academics and students of public international law, as well as diplomats and policymakers.
Book Synopsis Territoriality and International Law by : Marcelo G. Kohen
Download or read book Territoriality and International Law written by Marcelo G. Kohen and published by Edward Elgar Publishing. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The compilation of key articles and excerpts in this timely volume deals with the importance of territory for international law with regards to its relationship with power, state building and globalisation. The collection also analyses the evolution and scope of the law of acquisition of territory from colonial times to today, the emergence of new areas for the territorial expansion of states and the border delimitation rules. In addition, the selected papers investigate the impact of the human dimension, particularly the individual and collective human rights, on the way international law addresses territorial issues, including indigenous peoples and the right to self-determination.
Book Synopsis Research Handbook on Territorial Disputes in International Law by : Marcelo G. Kohen
Download or read book Research Handbook on Territorial Disputes in International Law written by Marcelo G. Kohen and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Territorial disputes remain a significant source of tension in international relations, representing an important share of interstate cases brought before international tribunals and courts. Analysing the international law applicable to the assessment of territorial claims and the settlement of related disputes, this Research Handbook provides a systematic exposition and in-depth discussions of the relevant key concepts, principles, rules, and techniques. Combining extensive knowledge from across international law, Marcelo Kohen and Mamadou Hébié expertly unite a multinational group of contributors to provide a go-to resource for the settlement of territorial disputes. The different chapters discuss the process through which states establish sovereignty over a territory, and review the different titles of territorial sovereignty, the relation between titles and effectivités, as well as the relevance of state conduct. Select chapters focus on the impact of foundational principles of international law such as the principle of territorial integrity, the right of self-determination and the prohibition of the threat or use of force, on territorial disputes. Finally, technical rules that are crucial for the assessment of territorial claims, especially the techniques of intertemporal law and critical date, as well as evidentiary rules, are presented. An essential resource for practitioners, international law academics and public officials including judges and arbitrators, this Research Handbook is a highly original collection of scholarship and research on territorial disputes and their settlement.
Book Synopsis Claims to Territory in International Law and Relations by : Norman Llewellyn Hill
Download or read book Claims to Territory in International Law and Relations written by Norman Llewellyn Hill and published by London ; New York : Oxford University Press. This book was released on 1945 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Legal Status of Territories Subject to Administration by International Organisations by : Bernhard Knoll
Download or read book The Legal Status of Territories Subject to Administration by International Organisations written by Bernhard Knoll and published by Cambridge University Press. This book was released on 2008-06-12 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international community's practice of administering territories in post-conflict environments has raised important legal questions. Using Kosovo as a case study, Bernhard Knoll analyses the identity of the administrating UN organ, the ways in which the territories under consideration have acquired partial subjectivity in international law and the nature of legal obligations in the fiduciary exercise of transitional administration developed within the League of Nations' Mandate and the UN Trusteeship systems. Knoll discusses Kosovo's internal political and constitutional order and notes the absence of some of the characteristics normally found in liberal democracies, before proposing that the UN consolidates accountability guidelines related to the protection of human rights and the development of democratic standards should it engage in the transitional administration of territory.
Book Synopsis The Acquisition and Government of Backward Territory in International Law by : Sir Mark Frank Lindley
Download or read book The Acquisition and Government of Backward Territory in International Law written by Sir Mark Frank Lindley and published by London ; Toronto : Longmans, Green. This book was released on 1926 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases concerning British colonization of Australia and theory of territorium nullius briefly discussed.
Book Synopsis Title to Territory in Africa by : Malcolm Nathan Shaw
Download or read book Title to Territory in Africa written by Malcolm Nathan Shaw and published by . This book was released on 1986 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The territorially-based view of international law remains the fundamental model and is subscribed to by third world states. This study analyzes the colonial acquisition of African territory with particular reference to the evolution of the principles of self-determination and its impact upon the law relating to territory.
Book Synopsis Defining Status by : Arnold H. Leibowitz
Download or read book Defining Status written by Arnold H. Leibowitz and published by Martinus Nijhoff Publishers. This book was released on 1989-01-01 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Disappearing Island States in International Law by : Jenny Grote Stoutenburg
Download or read book Disappearing Island States in International Law written by Jenny Grote Stoutenburg and published by BRILL. This book was released on 2015-07-31 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several low-lying atoll island states are at risk of losing their entire territory due to climate change-induced sea level rise. In Disappearing Island States in International Law, Jenny Grote Stoutenburg analyzes the international legal implications of this unprecedented situation.
Book Synopsis Title to Territory in International Law by : Steve Allen
Download or read book Title to Territory in International Law written by Steve Allen and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This title was first published in 2003. In seeking to foster preconditions for maintenance of order international law lays great emphasis on state sovereignty - guaranteeing states special protection against threats to their territorial integrity. However the demarcation of territory in most post-colonial states is extremely controversial since these physical dimensions were usually established during European colonial rule. The Roman doctrine of "uti possidetis" was called upon to add the thrust of legal sanctity and prevent challenge to boundaries bequeathed to the new ruler. By charting its progress through different temporal phases this book demonstrates that this doctrine evolved to suit political rather than legal tenets. The book is divided into seven chapters; the first two focusing on theoretical issues surrounding uti possidetis, examining its original development in Roman law. The next three chapters trace usage of the doctrine through Spanish decolonization, African colonisation and recent ICJ jurisprudence while the last two study modern manifestations of the effects of the doctrine in Yugoslavia and for indigenous peoples world-wide. A comprehensive and critical analysis of the Roman doctrine of uti possidetis, this book should prove an important resource for both students and scholars of international law."--Provided by publisher.