The Legal Status Of Territories Subject To Administration By International Organisations

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The Legal Status of Territories Subject to Administration by International Organisations

Author : Bernhard Knoll
Publisher : Cambridge University Press
ISBN 13 : 113947278X
Total Pages : 521 pages
Book Rating : 4.1/5 (394 download)

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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.

United Nations Imperium

Author : Bernhard Knoll
Publisher :
ISBN 13 :
Total Pages : 307 pages
Book Rating : 4.:/5 (535 download)

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Book Synopsis United Nations Imperium by : Bernhard Knoll

Download or read book United Nations Imperium written by Bernhard Knoll and published by . This book was released on 2005 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Internationally Administered Territories - International Protectorates?

Author : Daniel Sven Smyrek
Publisher :
ISBN 13 : 9783428519484
Total Pages : 0 pages
Book Rating : 4.5/5 (194 download)

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Book Synopsis Internationally Administered Territories - International Protectorates? by : Daniel Sven Smyrek

Download or read book Internationally Administered Territories - International Protectorates? written by Daniel Sven Smyrek and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author begins his survey by offering the reader an overview of the concepts of "physical control over a territory"" and "territorial sovereignty"". He then moves on to examine different scenarios in which territories have been administered by an organ representing the international community and explains how the issue of sovereignty was dealt with in each of these cases. In this context, the author offers a fascinating review of the recent case of Kosovo under UN administration describing the intricacies associated therewith. After thoroughly examining both the legal and factual situations, he evaluates the impact of the conclusions developed in the preceding chapters on the present and future status of this province. The author finally explores the relationship between the principle of democracy and the phenomenon of international territorial administrations, which he considers to be an example of "international governance".

Legal Personality in International Law

Author : Roland Portmann
Publisher : Cambridge University Press
ISBN 13 : 1139493221
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Legal Personality in International Law by : Roland Portmann

Download or read book Legal Personality in International Law written by Roland Portmann and published by Cambridge University Press. This book was released on 2010-08-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.

Democratic Governance in International Territorial Administration

Author : Michaela Salamun
Publisher : Nomos Verlagsgesellschaft
ISBN 13 :
Total Pages : 242 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Democratic Governance in International Territorial Administration by : Michaela Salamun

Download or read book Democratic Governance in International Territorial Administration written by Michaela Salamun and published by Nomos Verlagsgesellschaft. This book was released on 2005 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes in a comparative way how, and to what extent, the constitutional documents governing territories administered by international organizations (the League of Nations, the UN with the OSCE, and the EU) have provided institutional prerequisites for democratic governance. Territories covered are the Free City of Danzig, the Saar Territory, the Territory of Leticia, the City of Jerusalem, the Free Territory of Trieste, the Congo, West Irian, South West Africa/ Namibia, Cambodia, Somalia, the City of Mostar, Eastern Slavonia, Bosnia and Herzegovina, the District of Brcko, East Timor, and Kosovo. The book begins by discussing problematic issues in international territorial administration, such as evident in the problem of the delineation of the international personality of the territories, the applicability of the concept of democracy, and the enforceability of human rights. It continues by describing the legal framework for democratic governance by delineating the scope of the authority of governance conferred upon international organizations (and/or former states) and local institutions. It applies a framework for democratic governance to the constitutional documents by analyzing to what extent they reflect basic principles of democracy, such as the separation of powers and the independence of the judiciary and the principle of popular sovereignty. The documents are also compared as to provision of mechanisms of accountability and judicial review, political rights, and special participation rights for minorities in institutionalized decision-making processes. Finally, the book proposes ways by which governance in territories administered by international organizations can be democratized, such as by an increased transfer of powers and increased possibilities for popular participation in the government of the territory as well as by modifications to the institutional structures governing the territories.

The Law and Practice of International Territorial Administration

Author : Carsten Stahn
Publisher : Cambridge University Press
ISBN 13 : 9780521173957
Total Pages : 902 pages
Book Rating : 4.1/5 (739 download)

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Book Synopsis The Law and Practice of International Territorial Administration by : Carsten Stahn

Download or read book The Law and Practice of International Territorial Administration written by Carsten Stahn and published by Cambridge University Press. This book was released on 2010-09-23 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt: International actors have played an active role in the administration of territories over the past two centuries. This book analyses the genesis and law and practice of international territorial administration, covering all experiments from the Treaty of Versailles to contemporary engagements such as the conflict in Iraq. The book discusses the background, legal framework and practice of international territorial administration, including its relationship to related paradigms (internationalisation, mandate administration, trusteeship administration and occupation). This is complemented by a discussion of four common legal issues which arise in the context of this activity: the status of the territory under administration, the status and accountability of administering authorities, the exercise of regulatory powers by international administrations, and the relationship between international and domestic actors. Alongside surveys of the existing approaches and conceptual choices, the book also includes relevant case-law and practice and lessons learned for future engagements.

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.

Post-conflict Administrations in International Law

Author : Eric de Brabandere
Publisher : BRILL
ISBN 13 : 9004180826
Total Pages : 352 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Post-conflict Administrations in International Law by : Eric de Brabandere

Download or read book Post-conflict Administrations in International Law written by Eric de Brabandere and published by BRILL. This book was released on 2009-04-24 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of international administrations of territory, in which comprehensive administrative powers are exercised by, on behalf of or with the agreement of the United Nations has recently re-emerged in the context of reconstructing (parts of) states after conflict. Although in Kosovo and East Timor, the UN was endowed with wide-ranging executive and legislative powers, in the subsequent operations in Afghanistan it was decided, to principally rely on local capacity with minimal international participation, and in Iraq, administrative power was exercised by the occupying powers. The objectives are however very similar. This work first delineates the origins of the granting of administrative functions to international actors, and analyses the context in which it has resurfaced, namely post-conflict peace-building or reconstruction. Secondly, the book methodically establishes the legal framework applicable to post-conflict administrations and peace-building operations, by taking into account the post-conflict scenario in which they operate. Based on these two analyses, an enquiry into the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq is undertaken, to analyse and understand the influence of the international legal framework and the different approaches on the implementation of the mandates. Finally, the book concludes with an analysis of questions on exit strategies, local ownership, the internationalisation of domestic institutions, and the need for a comprehensive approach towards post-conflict reconstruction.

Foreign Occupation and International Territorial Administration

Author : n R. Ratner
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis Foreign Occupation and International Territorial Administration by : n R. Ratner

Download or read book Foreign Occupation and International Territorial Administration written by n R. Ratner and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: International organizations have increasingly joined states as occupiers of territory. Yet international law doctrine and policymakers have regarded occupation by states and administration by international organizations as distinct legal and political phenomena. The stigma associated with state occupation has translated into an assumption that the two operations are governed by different norms and their tactics for asserting control subject to different standards of legitimacy. This article rejects that dichotomy and the doctrinal parsing that comes with it. It emphasizes the common traits and challenges of these occupations and argues for a joint legal and political appraisal. From the legal perspective, the two sorts of missions operate under common legal frameworks; those managing both need to find the proper balance among international humanitarian law, international human rights law, local law, and any mandate from an international organization. As a political matter, each encounters resistance from those in the territory opposed to its presence, leading to coercive responses whose legitimacy will be questioned from within and outside the territory. The article concludes with some modest thoughts on how each sort of occupier might learn something from the other.

The Principle of Effective Legal Protection in Administrative Law

Author : Zoltán Szente
Publisher : Routledge
ISBN 13 : 1317019245
Total Pages : 416 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Principle of Effective Legal Protection in Administrative Law by : Zoltán Szente

Download or read book The Principle of Effective Legal Protection in Administrative Law written by Zoltán Szente and published by Routledge. This book was released on 2016-08-05 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makes a valuable contribution to the debate around convergence and divergence in European national administrative systems. The Open Access version of this book, available at https://www.taylorfrancis.com/books/principle-effective-legal-protection-administrative-law-zolt%C3%A1n-szente-konrad-lachmayer/e/10.4324/9781315553979 , has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 licens

UN Territorial Administration and Human Rights

Author : Gjylbehare Bella Murati
Publisher : Routledge
ISBN 13 : 1351593234
Total Pages : 246 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis UN Territorial Administration and Human Rights by : Gjylbehare Bella Murati

Download or read book UN Territorial Administration and Human Rights written by Gjylbehare Bella Murati and published by Routledge. This book was released on 2020-04-30 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an original and insightful analysis of the human rights inadequacies that arise in the practice of UN territorial administration by analysing and assessing the practice of UNMIK. It provides arguments based on law and principles to support the thesis that a comprehensive legal framework governing the activities of the UN mission is a crucial prerequisite for its proper functioning. This is complemented by a discussion of several emerging issues surrounding the UN activity on the ground, namely, its legislative, judicial, and executive power. The author offers an extensive and well-documented analysis of the UN’s capacity as a surrogate state administration to respond to the needs of the governed population and, above all, protect its fundamental rights. Based on her findings, Murati concludes that only a comprehensive mandate can serve the long term interests of the international community’s objective to efficiently promote, protect, and fulfil human rights in a war-torn society. UN Territorial Administration and Human Rights provides a detailed critical legal analysis of one of the major UN administrations of territory after the Cold War, namely, the UN administration of Kosovo from 1999 to 2008. The analysis in this book will be beneficial to international law and international relations scholars and students, as well as policymakers and persons working for international organisations. The analysis and the lessons learned through this study shed light on the challenges entailed in governing territories and rebuilding state institutions while upholding the rule of law and ensuring respect for human rights.

Internationally Administered Territories

Author : Matthew Saul
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Internationally Administered Territories by : Matthew Saul

Download or read book Internationally Administered Territories written by Matthew Saul and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book chapter focuses on three instances of international administration - in Nauru, Bosnia, and Kosovo - that have given rise to claims that can be construed as relevant for the debate on shared responsibility. These examples (discussed respectively in section 2, 3 and 4) represent a situation of trusteeship, a situation of partial territorial administration, and a situation of plenary territorial administration. By examining three different forms of administration, this chapter helps to demonstrate the variety in the responsibility issues that can arise when international actors (third states and/or international organisations) undertake the administration of a territory.

Territorial Status in International Law

Author : Jure Vidmar
Publisher : Bloomsbury Publishing
ISBN 13 : 1509959491
Total Pages : 229 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 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.

International Authority and the Responsibility to Protect

Author : Anne Orford
Publisher : Cambridge University Press
ISBN 13 : 1139494244
Total Pages : 247 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis International Authority and the Responsibility to Protect by : Anne Orford

Download or read book International Authority and the Responsibility to Protect written by Anne Orford and published by Cambridge University Press. This book was released on 2011-01-20 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea that states and the international community have a responsibility to protect populations at risk has framed internationalist debates about conflict prevention, humanitarian aid, peacekeeping and territorial administration since 2001. This book situates the responsibility to protect concept in a broad historical and jurisprudential context, demonstrating that the appeal to protection as the basis for de facto authority has emerged at times of civil war or revolution - the Protestant revolutions of early modern Europe, the bourgeois and communist revolutions of the following centuries and the revolution that is decolonisation. This analysis, from Hobbes to the UN, of the resulting attempts to ground authority on the capacity to guarantee security and protection is essential reading for all those seeking to understand, engage with, limit or critique the expansive practices of international executive action authorised by the responsibility to protect concept.

Brownlie's Principles of Public International Law

Author : James Crawford
Publisher : Oxford University Press, USA
ISBN 13 : 0198737440
Total Pages : 873 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Brownlie's Principles of Public International Law by : James Crawford

Download or read book Brownlie's Principles of Public International Law written by James Crawford and published by Oxford University Press, USA. This book was released on 2019 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: Serving as a single volume introduction to the field as a whole, this ninth edition of Brownlie's Principles of International Law seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level.

International Territorial Administration

Author : Ralph Wilde
Publisher : Oxford University Press
ISBN 13 : 0199577897
Total Pages : 641 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis International Territorial Administration by : Ralph Wilde

Download or read book International Territorial Administration written by Ralph Wilde and published by Oxford University Press. This book was released on 2010-09-30 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive treatment of the reasons why international organizations have engaged in territorial administration. The book describes the role of international territorial administration and analyses the various purposes associated with this activity, revealing the objectives which territorial administration seeks to achieve.

Security Detention in International Territorial Administrations: Kosovo, East Timor, and Iraq

Author : Omer Faruk Direk
Publisher : BRILL
ISBN 13 : 9004302980
Total Pages : 270 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Security Detention in International Territorial Administrations: Kosovo, East Timor, and Iraq by : Omer Faruk Direk

Download or read book Security Detention in International Territorial Administrations: Kosovo, East Timor, and Iraq written by Omer Faruk Direk and published by BRILL. This book was released on 2015-07-28 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens after a governing body is ousted during the course of armed conflict? In some cases, international organizations like the United Nations will appoint other States or itself to administer the transition of the post-conflict State to a place of lasting peace. In practice, however, this mission is hardly linear and becomes further complicated when these administrations are faced with threats to the fragile peace. Security Detention in International Territorial Administrations examines the legal and policy questions surrounding the behavior of these post-conflict administrations. This includes discussion about apportionment of responsibility in peace support operations, norm conflict issues in UN Security Council resolutions, and requirements of international human rights law in the fulfillment of these missions. The discussion concludes with a survey of security detention practices in three recent post-conflict administrations in Kosovo, East Timor, and Iraq.