The Admission Of New States To The International Community

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The Admission of New States to the International Community

Author : Christian Hillgruber
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis The Admission of New States to the International Community by : Christian Hillgruber

Download or read book The Admission of New States to the International Community written by Christian Hillgruber and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While the political relevance of the recognition of new states is beyond all doubt, the rules of law which apply to this aspect of public international law remain uncertain. The new practice of recognition of the recently established states of Eastern Europe and the former Soviet Union since 1991 is said to have overridden the traditional principles of public international law regarding recognition. Indeed, the predominant declarative theory cannot explain this new practice convincingly. The integration of a new state in the international community does not take place automatically, but through co-optation; that is, by individual and collective recognition on the part of the already existing states. By the procedure of recognition, these states exercise their prerogative to determine in advance whether the newcomer, in their judgment, is able and willing to carry out all its obligations as a subject of international law, whether it will be a reliable member of the international community. Therefore, the ability and willingness of the new state to respect international law constitute the central criteria of statehood in terms of international law. They are decisive for the conferment of legal capacity under international law.

The Admission of Newly Created States to the Membership of the United Nations: the Case of Republic of Macedonia

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (112 download)

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Book Synopsis The Admission of Newly Created States to the Membership of the United Nations: the Case of Republic of Macedonia by :

Download or read book The Admission of Newly Created States to the Membership of the United Nations: the Case of Republic of Macedonia written by and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: The international law which regulates the formation, functioning and legal capacity of international organizations, and also the international law in the United Nations system, are always relevant and subject to progressive development, because the international relations are in constant dynamics. Each newly created state has one major foreign policy goal during its first years of formation or after obtaining independence - admission to the membership of the United Nations. That is because the decision of admission to the membership of the UN guarantees the country's statehood which can no longer be questioned. The country becomes part of a global community of nations - the international community. Therefore, the present paper is a qualitative research regarding the admission of new states to the international community, and the decision-making process concerning the admission of new Member States to the UN

State Creation and the International Recognition of New States. The Examples of Palestine, Kosovo and Timor-Leste

Author : Tahir Lushi
Publisher : GRIN Verlag
ISBN 13 : 3346444503
Total Pages : 101 pages
Book Rating : 4.3/5 (464 download)

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Book Synopsis State Creation and the International Recognition of New States. The Examples of Palestine, Kosovo and Timor-Leste by : Tahir Lushi

Download or read book State Creation and the International Recognition of New States. The Examples of Palestine, Kosovo and Timor-Leste written by Tahir Lushi and published by GRIN Verlag. This book was released on 2021-07-22 with total page 101 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2016 in the subject Politics - International Politics - Topic: International relations, grade: 1,3, University of Siegen, language: English, abstract: This research aims to find out the reasons why Palestine and Kosovo could not get general international recognition and become members of the UN and also to assess the plausibility of two theories regarding their explanations for states’ decisions toward the recognition of new states (Palestine and Kosovo in our case). This master thesis elaborates the issue of new states and their struggle for gaining general international recognition. It fits in the field of International Relations since it deals with the issue of possible new members in the international society of states, which can have an impact on global issues and threats that are of common relevance. Some states that have been created since the end of the 1980s have achieved to gain general recognition like Bosnia and Herzegovina, Eritrea, Moldova, and Timor-Leste. Some other states, also created (or separated from a parent state) have not achieved to gain general recognition. Such states are Palestine, Kosovo, Abkhazia, and Somaliland.

Power Politics and State Formation in the Twentieth Century

Author : Bridget Coggins
Publisher : Cambridge University Press
ISBN 13 : 1107047358
Total Pages : 281 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Power Politics and State Formation in the Twentieth Century by : Bridget Coggins

Download or read book Power Politics and State Formation in the Twentieth Century written by Bridget Coggins and published by Cambridge University Press. This book was released on 2014-04-24 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Kurdistan to Somaliland, Xinjiang to South Yemen, all secessionist movements hope to secure newly independent states of their own. Most will not prevail. The existing scholarly wisdom provides one explanation for success, based on authority and control within the nascent states. With the aid of an expansive new dataset and detailed case studies, this book provides an alternative account. It argues that the strongest members of the international community have a decisive influence over whether today's secessionists become countries tomorrow and that, most often, their support is conditioned on parochial political considerations.

Admission to the United Nations

Author : Thomas D. Grant
Publisher : BRILL
ISBN 13 : 9047427092
Total Pages : 364 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Admission to the United Nations by : Thomas D. Grant

Download or read book Admission to the United Nations written by Thomas D. Grant and published by BRILL. This book was released on 2009-04-07 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations began as an alliance during World War II. Eventually, however, the UN came to approximate a universal organization - i.e., open to and aspiring to include all States. This presents a legal question, for Article 4 of the Charter contains substantive criteria to limit admission of States to the UN and no formal amendment has touched that part of the Charter. This book gives an up-to-date account of admission to the UN, from the 1950s ‘logjam’ through on-going controversies like Kosovo and Taiwan. With reference to Charter law, the book considers how Article 4 came to accommodate universality and what the future of a universal organization in a world of politically diverse States might be.

The United Nations Charter as the Constitution of the International Community

Author : Bardo Fassbender
Publisher : BRILL
ISBN 13 : 9004175105
Total Pages : 228 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The United Nations Charter as the Constitution of the International Community by : Bardo Fassbender

Download or read book The United Nations Charter as the Constitution of the International Community written by Bardo Fassbender and published by BRILL. This book was released on 2009 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The a oeconstitutionalizationa of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from a oeclassicala international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.

Europe and the Recognition of New States in Yugoslavia

Author : Richard Caplan
Publisher : Cambridge University Press
ISBN 13 : 1139445510
Total Pages : 241 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Europe and the Recognition of New States in Yugoslavia by : Richard Caplan

Download or read book Europe and the Recognition of New States in Yugoslavia written by Richard Caplan and published by Cambridge University Press. This book was released on 2005-09-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe's recognition of new states in Yugoslavia remains one of the most controversial episodes in the Yugoslav crisis. Richard Caplan offers a detailed narrative of events, exploring the highly assertive role that Germany played in the episode, the reputedly catastrophic consequences of recognition (for Bosnia-Herzegovina in particular) and the radical departure from customary state practice represented by the EC's use of political criteria as the basis of recognition. The book examines the strategic logic and consequences of the EC's actions but also explores the wider implications, offering insights into European security policy at the end of the Cold War, the relationship of international law to international relations and the management of ethnic conflict. The significance of this book extends well beyond Yugoslavia as policymakers continue to wrestle with the challenges posed by violent conflict associated with state fragmentation.

Statehood and the State-Like in International Law

Author : Rowan Nicholson
Publisher : Oxford University Press
ISBN 13 : 0192591924
Total Pages : 256 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Statehood and the State-Like in International Law by : Rowan Nicholson

Download or read book Statehood and the State-Like in International Law written by Rowan Nicholson and published by Oxford University Press. This book was released on 2019-09-25 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: If the term were given its literal meaning, international law would be law between 'nations'. It is often described instead as being primarily between states. But this conceals the diversity of the nations or state-like entities that have personality in international law or that have had it historically. This book reconceptualizes statehood by positioning it within that wider family of state-like entities. In this monograph, Rowan Nicholson contends that states themselves have diverse legal underpinnings. Practice in cases such as Somalia and broader principles indicate that international law provides not one but two alternative methods of qualifying as a state. Subject to exceptions connected with territorial integrity and peremptory norms, an entity can be a state either on the ground that it meets criteria of effectiveness or on the ground that it is recognized by all other states. Nicholson also argues that states, in the strict legal sense in which the word is used today, have never been the only state-like entities with personality in international law. Others from the past and present include imperial China in the period when it was unreceptive to Western norms; precolonial African chiefdoms; 'states-in-context', an example of which may be Palestine, which have the attributes of statehood relative to states that recognize them; and entities such as Hong Kong.

Territorial Status in International Law

Author : Jure Vidmar
Publisher : Bloomsbury Publishing
ISBN 13 : 1509959505
Total Pages : 261 pages
Book Rating : 4.5/5 (99 download)

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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 261 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.

Self-Determination of Peoples and Plural-ethnic States in Contemporary International Law

Author : Edward McWhinney
Publisher : BRILL
ISBN 13 : 904742347X
Total Pages : 148 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Self-Determination of Peoples and Plural-ethnic States in Contemporary International Law by : Edward McWhinney

Download or read book Self-Determination of Peoples and Plural-ethnic States in Contemporary International Law written by Edward McWhinney and published by BRILL. This book was released on 2007-09-30 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: In analysing the contemporary International Law principles as to Self-determination of Peoples, Dr. Edward McWhinney gives a special attention to the crisis today of multinational states put together, usually hurriedly and without proper regard for foreseeable later problems in establishing a plural-constitutional order system, by the military victors in World War I in the imposed Peace treaties of 1919. The key to successful exercise of a claimed right to self-determination is Recognition by other, existing states in the World Community and today also admission to the United Nations. In examining the classical rules on Recognition of States and the recent developed practice as to U.N. Membership, the author signals the continuing antinomy of Law and Power and how high political concerns for their own conceived national interests influence or control decisions on application of the legal ground rules in concrete cases by heads of government and their foreign ministries. The author notes at the same time the attempt to consolidate and codify existing rules on a political "regional" basis, most evident perhaps with the European Union today. In addressing the claimed new legal category of "failed state" with the concomitant asserted legal right of other states to intervene, if necessary unilaterally or outside the United Nations, to impose their own "corrective" measures, he suggests that the postulated "failure" in such cases may frequently stem less from problems inherent in the state concerned than from past hegemonial actions by outside states in pursuit of their own geopolitical interests in the region. A special concluding chapter draws on the empirical record of the historical, often trial-and-error experience of the Succession states to the Versailles treaties settlements and to the assorted acts of Decolonisation of the former European Imperial, Colonial powers.

Sovereignty in the Exercise of the Right to Self-Determination

Author : Jane A. Hofbauer
Publisher : BRILL
ISBN 13 : 900432870X
Total Pages : 379 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Sovereignty in the Exercise of the Right to Self-Determination by : Jane A. Hofbauer

Download or read book Sovereignty in the Exercise of the Right to Self-Determination written by Jane A. Hofbauer and published by BRILL. This book was released on 2016-09-12 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Creation of States in International Law

Author : James R. Crawford
Publisher : Oxford University Press
ISBN 13 : 0191511951
Total Pages : pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Creation of States in International Law by : James R. Crawford

Download or read book The Creation of States in International Law written by James R. Crawford and published by Oxford University Press. This book was released on 2007-03-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Statehood in the early 21st century remains as much a central problem 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.

Recognizing States

Author : Mikulas Fabry
Publisher : Oxford University Press
ISBN 13 : 0199564442
Total Pages : 269 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Recognizing States by : Mikulas Fabry

Download or read book Recognizing States written by Mikulas Fabry and published by Oxford University Press. This book was released on 2010-02-25 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book charts the historical practice of recognizing states since the late 18th century and examines a central question raised by the new, lingering demands for statehood in different parts of the world: Who qualifies for international recognition as a sovereign, independent state?

Limited Statehood and Informal Governance in the Middle East and Africa

Author : Ruth Hanau Santini
Publisher : Routledge
ISBN 13 : 0429997302
Total Pages : 256 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Limited Statehood and Informal Governance in the Middle East and Africa by : Ruth Hanau Santini

Download or read book Limited Statehood and Informal Governance in the Middle East and Africa written by Ruth Hanau Santini and published by Routledge. This book was released on 2020-10-08 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hybrid forms of governance – where the central state authority does not possess a monopoly of violence and fails to exercise control – are not only an epiphenomena, but a reality likely to persist. This book explores this phenomenon drawing on examples from the Middle East and Africa. It considers the different sorts of actors – state and non-state, public and private, national and transnational – which possess power, examines the dynamics of the relationships between central authorities and other actors, and reviews the varying outcomes. The book provides an alternative view of the way in which governance has been constructed and lived, puts forward a conceptualisation of various forms of governance which have hitherto been regarded as exceptions, and argues for such forms of governance to be regarded as part of the norm.

Research Handbook on Secession

Author : Jure Vidmar
Publisher : Edward Elgar Publishing
ISBN 13 : 1788971752
Total Pages : 411 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Research Handbook on Secession by : Jure Vidmar

Download or read book Research Handbook on Secession written by Jure Vidmar and published by Edward Elgar Publishing. This book was released on 2022-12-13 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining both theoretical and practical insights, the Research Handbook on Secession addresses a wide range of legal issues and concepts surrounding secessions. It considers both well-known examples such as Kosovo and Bangladesh alongside less frequently discussed cases including Somaliland and Palestine. The Research Handbook offers state-of-the-art analysis of international law on – among other topics – statehood, secession, self-determination, as well as comparative constitutional perspectives.

International Organizations and the Law

Author : Alexandra R. Harrington
Publisher : Taylor & Francis
ISBN 13 : 1003823521
Total Pages : 486 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis International Organizations and the Law by : Alexandra R. Harrington

Download or read book International Organizations and the Law written by Alexandra R. Harrington and published by Taylor & Francis. This book was released on 2023-12-18 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Organizations and the Law addresses the laws relating to international organizations, their undertakings and the ways in which specific international organizations function and interact with one another. Assuming little background knowledge of international law, the book brings together key issues in international law and the history of international organizations in a cohesive manner, providing readers with a clear understanding of international organizations’ law in context. It addresses topics such as: organization functions and structure membership and membership powers the rights of international organizations dispute settlement in international organizations termination of an international organization. The second edition has been fully revised and updated to include coverage of the COVID-19 pandemic and its impact on the functions of international organizations; the invasion of Ukraine and the stresses placed on the UN, NATO and the international community; increased efforts in the climate change sector; and the overhaul of the NAFTA system and the impact of Brexit. Written in an accessible and engaging way, this book is ideal reading for students new to the law of international organizations and as a reference for those active in fields impacted by international organizations.

International Law in Domestic Courts

Author : André Nollkaemper
Publisher :
ISBN 13 : 0198739745
Total Pages : 769 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Law in Domestic Courts by : André Nollkaemper

Download or read book International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.