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The Admission Of New States To The International Community
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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.
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.
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.
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.
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.
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 257 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.
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.
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 943 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.
Book Synopsis Governance and International Legal Theory by : I.F. Dekker
Download or read book Governance and International Legal Theory written by I.F. Dekker and published by Springer. This book was released on 2014-11-14 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the above-mentioned topics from a multidisciplinary perspective.
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.
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.
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 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.
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.
Book Synopsis the case law of the international court by : Edvard Hambro
Download or read book the case law of the international court written by Edvard Hambro and published by Brill Archive. This book was released on 1952 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Struggles for Self-Determination by : Josiah Brownell
Download or read book Struggles for Self-Determination written by Josiah Brownell and published by Cambridge University Press. This book was released on 2021-12-02 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Katanga, Rhodesia, Transkei and Bophuthatswana: four African countries that, though existing in a literal sense, were, in each case, considered by the international community to be a component part of a larger sovereign state through which all official communications and interactions were still conducted. This book is concerned with the intertwined histories of these four right-wing secessionist states in Southern Africa as they fought for but ultimately failed to win sovereign recognition. Along the way, Katanga, Rhodesia, Transkei, and Bophuthatswana each invented new national symbols and traditions, created all the trappings of independent statehood, and each proclaimed that their movements were legitimate expressions of national self-determination. Josiah Brownell provides a unique comparison between these states, viewed together as a common reaction to decolonization and the triumph of anticolonial African nationalism. Describing the ideological stakes of their struggles for sovereignty, Brownell explores the international political controversies that their drives for independence initiated inside and outside Africa. By combining their stories, this book draws out the relationships between the emergence of these four pseudo-states and the fragility of the entire postcolonial African state structure.
Book Synopsis Public International Law by : Alina Kaczorowska-Ireland
Download or read book Public International Law written by Alina Kaczorowska-Ireland and published by Routledge. This book was released on 2015-05-08 with total page 923 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 5th edition of Public International Law continues the book’s accessible, student-friendly tradition with a writing style that is both conversational and easy to read. Features designed to support learning include highlighted key cases, introductory chapter overviews, and end-of-chapter aides-mémoire and recommended further reading. Public International Law is unique in that it is both a textbook and a casebook. The facts of each case and the details of the court or tribunal’s decision are succinctly set out, followed by detailed commentary from the author, and, where appropriate, a brief explanation of subsequent events. The book covers all the major areas of public international law, and takes account of new developments relating to the codification of international law by the International Law Commission, State practice, and decisions of international courts and tribunals, in particular those of the International Court of Justice. Features new to this edition: A new dedicated chapter on the law of the sea Diagrammatic aides-mémoire at the end of each chapter Expanded coverage of the US approach to international law via its courts and executive. This book is an ideal learning tool for students of law or political science and provides a clear and straight-forward overview for anyone with an interest in the subject. Alina Kaczorowska-Ireland is Professor of International and EU Law at the University of the West Indies, Cave Hill Campus, Barbados. She is also author of the Routledge textbook, EU Law.
