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Recognition Of States And Governments
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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.
Book Synopsis Recognition of Governments in International Law by : Stefan Talmon
Download or read book Recognition of Governments in International Law written by Stefan Talmon and published by Oxford University Press. This book was released on 1998 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on an analysis of the diplomatic practice of States, and decisions by national and international courts, this book explores the two central questions of the recognition of governments. These are namely: what are the meanings of the term 'recognition' and its variants in internationallaw; and what is the effect of recognition on the legal status of foreign authorities, and in particular of authorities in exile recognized as governments. The book is comprehensive in its analysis of the issues, and covers material which is of significant historical interest, as well as highlytopical material such as recent developments in Angola, Kuwait and Haiti. Thus Talmon's book will hold great appeal for international law scholars and practitioners alike. It may also be of interest to diplomats and civil servants working in organizations such as the United Nations.
Book Synopsis The international law of recognition by : Ti-Chiang Chen
Download or read book The international law of recognition written by Ti-Chiang Chen and published by Рипол Классик. This book was released on 1951 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Recognition in International Law by : Hersch Lauterpacht
Download or read book Recognition in International Law written by Hersch Lauterpacht and published by Cambridge University Press. This book was released on 2012-11 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published by Hersch Lauterpacht in 1947, this book presents a detailed study of recognition in international law, examining its crucial significance in relation to statehood, governments and belligerency. The author develops a strong argument for positioning recognition within the context of international law, reacting against the widely accepted conception of it as an area of international politics. Numerous examples of the use of law and conscious adherence to legal principle in the practice of states are used to give weight to this perspective. This paperback re-issue in 2012 includes a newly commissioned Foreword by James Crawford, Whewell Professor of International Law at the University of Cambridge and a Fellow of Jesus College, Cambridge.
Book Synopsis Routledge Handbook of State Recognition by : Gëzim Visoka
Download or read book Routledge Handbook of State Recognition written by Gëzim Visoka and published by Routledge. This book was released on 2019-09-12 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new handbook provides a comprehensive and multidisciplinary overview of the theoretical and empirical aspects of state recognition in international politics. Although the recognition of states plays a central role in shaping global politics, it remains an under-researched and widely dispersed subject. Coherently and innovatively structured, the handbook brings together a group of international scholars who examine the most important theoretical and comparative perspectives on state recognition, including debates about pathways to secession and self-determination, the broad range of actors and strategies that shape the recognition of states and a significant number of contemporary case studies. The handbook is organised into four key sections: Theoretical and normative perspectives Pathways to independent statehood Actors, forms and the process of state recognition Case studies of contemporary state recognition This handbook will be of great interest to students of foreign policy, international relations, international law, comparative politics and area studies. Chapter 19 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Book Synopsis The Recognition of States by : Thomas D. Grant
Download or read book The Recognition of States written by Thomas D. Grant and published by Bloomsbury Publishing USA. This book was released on 1999-12-30 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thomas D. Grant examines the Great Debate over state recognition, tracing its eclipse, and identifying trends in contemporary international law that may explain the lingering persistence of the terms of that debate. Although writers have generally accepted the declaratory view as more accurate than its old rival, the judicial sources often cited to support the declaratory view do not on scrutiny do so as decisively as commonly assumed. Contemporary doctrinal preference requires explanation. Declaratory doctrine, in its apparent diminution of the role state discretion plays in recognition, is in harmony, Grant asserts, with contemporary aspirations for international law. It may seem to many writers, he believes, that international governance functions better in a conceptual framework that reduces the power of states to legislate what entities are states. Grant proceeds from this analysis of the contemporary status of the old debate to ask what questions now take center stage. In place of doctrine, Grant argues, process is the chief issue concerning recognition today. Whether to recognize unilaterally or in a collective framework; whether to acknowledge legal rules or to let recognition be controlled by political calculus—as Grant points out, such questions concern how states recognize, not the theoretical nature of recognition. This is an important analysis for scholars and researchers of international law and relations and contemporary European politics.
Book Synopsis Public International Law by : Emily Crawford
Download or read book Public International Law written by Emily Crawford and published by Cambridge University Press. This book was released on 2023-05-31 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public international law is a global legal system which regulates the conduct of countries and other actors. Public International Law offers Australian students a comprehensive and accessible introduction to international law. Covering the fundamental topics of international law – including treaties, use of force and dispute settlement – this text also discusses specialised branches such as humanitarian law, criminal law and environmental law. The key principles and theories of international law are clearly explained and analysed, and their application is illustrated by succinct, carefully chosen extracts from cases and materials. These sources strike a balance between key international cases and important cases from domestic legal systems. Discussion questions at the end of each chapter encourage students to apply and test their understanding of each topic, while a glossary of key terms clearly explains complex concepts. Written by an expert author team, Public International Law is a fundamental resource for Australian students of international law.
Book Synopsis Recognition in International Law by : Stefan Talmon
Download or read book Recognition in International Law written by Stefan Talmon and published by BRILL. This book was released on 2021-10-18 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: The bibliography lists the literature and State practice on the question of recognition in international law for the last two hundred years. It contains books and articles, ie. contributions to journals and other collected works such as Festschriften and Encyclopaedias, as well as (published and unpublished) theses, pamphlets, compilations of diplomatic documents and case notes. As many of the monographs on recognition in international law will not be available in all libraries, book reviews have been included in the bibliography in order to enable the user to decide whether it may be advisable to order a certain work by inter-library loan. Its 4,500 entries are arranged systematically according to subject categories in fourteen main sections. Each main section is further subdivided with ever-increasing specificity into sub-sections on codification, codification attempts, general studies, studies of certain recognition questions and studies of specific recognition cases. The bibliography employs a broad meaning of recognition. It is not restricted to the question of status of an authority or entity in international law but encompasses also the question of relations with it. As many of the recognition cases must be considered, and can only be understood, against their historic, political and sometimes even economic background, the bibliography includes not only purely legal treaties but also publications of a primarily historical, political or economic content which incidentally deal with aspects of recognition in international law. This is reflected by the titles of the 730 journals from more than 50 countries in 20 different languages which have been used to compile the bibliography. The bibliography contains both an author and a comprehensive subject index to enable users to locate works of a particular writer or a specific problem.
Book Synopsis The Position of Heads of State and Senior Officials in International Law by : Joanne Foakes
Download or read book The Position of Heads of State and Senior Officials in International Law written by Joanne Foakes and published by Oxford University Press. This book was released on 2014 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and in-depth study of the legal position in international law of heads of state, heads of government and other senior state officials, this book analyses relevant treaties, case law, and custom to set out the law in this area and provide practical guidance.
Book Synopsis Recognition of Governments by : M. Peterson
Download or read book Recognition of Governments written by M. Peterson and published by Springer. This book was released on 1997-06-16 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a systematic comparison of legal scholars' views and governments' practice regarding the occasions for, criteria for, and effects of recognition. It traces the evolution from the 19th century practice basing recognition mainly on effective rule to more frequent use of additional criteria in the interwar and early Cold War, to the reassertion of the primacy of effective rule since 1970 and places it in the context of contemporaneous changes in world politics.
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 Sovereignty Suspended by : Rebecca Bryant
Download or read book Sovereignty Suspended written by Rebecca Bryant and published by University of Pennsylvania Press. This book was released on 2020-07-03 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: A journey into de facto state-building based on ethnographic and archival research in the Turkish Republic of Northern Cyprus What is de facto about the de facto state? In Sovereignty Suspended, this question guides Rebecca Bryant and Mete Hatay through a journey into de facto state-building, or the process of constructing an entity that looks like a state and acts like a state but that much of the world says does not or should not exist. In international law, the de facto state is one that exists in reality but remains unrecognized by other states. Nevertheless, such entities provide health care and social security, issue identity cards and passports, and interact with international aid donors. De facto states hold elections, conduct censuses, control borders, and enact fiscal policies. Indeed, most maintain representative offices in sovereign states and are able to unofficially communicate with officials. Bryant and Hatay develop the concept of the "aporetic state" to describe such entities, which project stateness and so seem real, even as nonrecognition renders them unrealizable. Sovereignty Suspended is based on more than two decades of ethnographic and archival research in one so-called aporetic state, the Turkish Republic of Northern Cyprus (TRNC). It traces the process by which the island's "north" began to emerge as a tangible, separate, if unrecognized space following violent partition in 1974. Like other de facto states, the TRNC looks and acts like a state, appearing real to observers despite international condemnations, denials of its existence, and the belief of large numbers of its citizens that it will never be a "real" state. Bryant and Hatay excavate the contradictions and paradoxes of life in an aporetic state, arguing that it is only by rethinking the concept of the de facto state as a realm of practice that we will be able to understand the longevity of such states and what it means to live in them.
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 The Legal Effects of Recognition in International Law as Interpreted by the Courts of the United States by : John Gaines Hervey
Download or read book The Legal Effects of Recognition in International Law as Interpreted by the Courts of the United States written by John Gaines Hervey and published by University of Pennsylvania Press Anniversary Collection. This book was released on 1928 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Court procedure where political departments have failed to act, based on an analysis of more than two hundred of the leading American and English decisions over a period of one hundred and fifty years.
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: Statehood in the early 21st century remains as much a central problem now 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 Red Skin, White Masks by : Glen Sean Coulthard
Download or read book Red Skin, White Masks written by Glen Sean Coulthard and published by U of Minnesota Press. This book was released on 2014-08-15 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: WINNER OF: Frantz Fanon Outstanding Book from the Caribbean Philosophical Association Canadian Political Science Association’s C.B. MacPherson Prize Studies in Political Economy Book Prize Over the past forty years, recognition has become the dominant mode of negotiation and decolonization between the nation-state and Indigenous nations in North America. The term “recognition” shapes debates over Indigenous cultural distinctiveness, Indigenous rights to land and self-government, and Indigenous peoples’ right to benefit from the development of their lands and resources. In a work of critically engaged political theory, Glen Sean Coulthard challenges recognition as a method of organizing difference and identity in liberal politics, questioning the assumption that contemporary difference and past histories of destructive colonialism between the state and Indigenous peoples can be reconciled through a process of acknowledgment. Beyond this, Coulthard examines an alternative politics—one that seeks to revalue, reconstruct, and redeploy Indigenous cultural practices based on self-recognition rather than on seeking appreciation from the very agents of colonialism. Coulthard demonstrates how a “place-based” modification of Karl Marx’s theory of “primitive accumulation” throws light on Indigenous–state relations in settler-colonial contexts and how Frantz Fanon’s critique of colonial recognition shows that this relationship reproduces itself over time. This framework strengthens his exploration of the ways that the politics of recognition has come to serve the interests of settler-colonial power. In addressing the core tenets of Indigenous resistance movements, like Red Power and Idle No More, Coulthard offers fresh insights into the politics of active decolonization.
Book Synopsis The Neoliberal State, Recognition and Indigenous Rights by : Deirdre Howard-Wagner
Download or read book The Neoliberal State, Recognition and Indigenous Rights written by Deirdre Howard-Wagner and published by ANU Press. This book was released on 2018-07-25 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The impact of neoliberal governance on indigenous peoples in liberal settler states may be both enabling and constraining. This book is distinctive in drawing comparisons between three such states—Australia, Canada and New Zealand. In a series of empirically grounded, interpretive micro-studies, it draws out a shared policy coherence, but also exposes idiosyncrasies in the operational dynamics of neoliberal governance both within each state and between them. Read together as a collection, these studies broaden the debate about and the analysis of contemporary government policy. The individual studies reveal the forms of actually existing neoliberalism that are variegated by historical, geographical and legal contexts and complex state arrangements. At the same time, they present examples of a more nuanced agential, bottom-up indigenous governmentality. Focusing on intense and complex matters of social policy rather than on resource development and land rights, they demonstrate how indigenous actors engage in trying to govern various fields of activity by acting on the conduct and contexts of everyday neoliberal life, and also on the conduct of state and corporate actors.
