Автор: French Название: Statehood and Self-Determination ISBN: 1107029333 ISBN-13(EAN): 9781107029330 Издательство: Cambridge Academ Рейтинг: Цена: 10720 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The concepts of statehood and self-determination provide the normative structure on which the international legal order is ultimately premised. As a system of law founded upon the issue of territorial control, ascertaining and determining which entities are entitled to the privileges of statehood continues to be one of the most difficult and complex issues. Moreover, although the process of decolonisation is almost complete, the principle of self-determination has raised new challenges for the metropolitan territories of established states, including the extent to which 'internal' self-determination guarantees additional rights for minority and other groups. As the controversies surrounding remedial secession have revealed, the territorial integrity of a state can be questioned if there are serious and persistent breaches of a people's human rights. This volume brings together such debates to reflect further on the current state of international law regarding these fundamental issues.
Описание: This is the official WTO certified text of the Protocol of Accession negotiated by China to become a member of the WTO. The document provides all the terms, commitments and conditions accepted by China for membership in the WTO. The Protocol includes detailed schedules on market access conditions to China for trade in both Goods and Services. This book is intended for trade specialists and for business users who need to know the market access conditions granted by China for trade in every category of Goods and Services.
Описание: The African Charter of Human and Peoples' Rights came into force in 1986, and is unique in that it lacks a precedent. However, little scholarship exists analysing it as an operational system in practice. The success of the first edition of this book led to this updated second edition. Contributors include experts who have been actively involved in the implementation of the Charter - commissioners, NGOs and academics. Offering a detailed evaluation of the Charter as a mechanism for the promotion and protection of human rights in Africa, the contributions cover the Charter's reporting system, the interpretation of different rights by the Commission, the prospects for the African Court on Human and Peoples' Rights and the role of NGOs. This authoritative and comprehensive volume will interest lawyers acting for government and non-governmental organisations, as well as academics and postgraduates.
Название: Peoples` Rights ISBN: 0199243654 ISBN-13(EAN): 9780199243655 Издательство: Oxford Academ Рейтинг: Цена: 5516 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The right to self-determination has been a driving force in international law and politics and in the 1970s it was joined by a number of other human rights including rights to development, peace, a clean environment, and humanitarian assistance. In this volume, the significance of these so-called `third generation solidarity rights` are examined.
Описание: The emergence of new states and independence movements after the Cold War has intensified the long-standing disagreement among international lawyers over the right of self-determination, especially the right of secession. Knop shifts the discussion from the articulation of the right to its interpretation. She argues that the practice of interpretation involves and illuminates a problem of diversity raised by the exclusion of many of the groups that self-determination most affects. Distinguishing different types of exclusion and the relationships between them reveals the deep structures, biases and stakes in the decisions and scholarship on self-determination. Knop’s analysis also reveals that the leading cases have grappled with these embedded inequalities. Challenges by colonies, ethnic nations, indigenous peoples, women and others to the gender and cultural biases of international law emerge as integral to the interpretation of self-determination historically, as do attempts by judges and other institutional interpreters to meet these challenges.
Описание: In this systematic moral theory of international law, Allen Buchanan offers principled and realistic proposals for how international law should respond to some of today's most urgent problems, including the justification of humanitarian intervention and secessionist conflicts.
Описание: Recent events in places like Kosovo and Geogia have put the spotlight on the international law of self-determination and secession. However, the definition of these concepts and the conditions for their application are unclear. This book sheds light on the meaning of self-determination and secession, with reference to four key post-Soviet regions.
Описание: This book proposes a novel theory of self-determination; the Rule of the Great Powers. This book argues that traditional legal norms on self-determination have failed to explain and account for recent results of secessionist self-determination struggles. While secessionist groups like the East Timorese, the Kosovar Albanians and the South Sudanese have been successful in their quests for independent statehood, other similarly situated groups have been relegated to an at times violent existence within their mother states. Thus, Chechens still live without significant autonomy within Russia, and the South Ossetians and the Abkhaz have seen their conflicts frozen because of the peculiar geo-political equilibrium of power within the Caucuses region. The Rule of the Great Powers, which asserts that only those self-determination seeking entities which enjoy the support of the majority of the most powerful states (the Great Powers) will ultimately have their rights to self-determination fulfilled. The Great Powers, potent military, economic and political powerhouses such as the United States, China, Russia, Japan, the United Kingdom, France, Germany, and Italy, often dictate self-determination outcomes through their influence in global affairs. Issues of self-determination in the modern world can no longer be effectively resolved through the application of traditional legal rules; rather, resort must be had to novel theories, such as the Rule of the Great Powers. This book will be of particular interest to academics and students of law, political science and international relations.
Описание: Paul Keal examines the historical role of international law and political theory in justifying the dispossession of indigenous peoples as part of the expansion of international society. He argues that, paradoxically, law and political theory can now underpin the recovery of indigenous rights. At the heart of contemporary struggles is the core right of self-determination, and Keal argues for recognition of indigenous peoples as ‘peoples’ with the right of self-determination in constitutional and international law, and for adoption of the Draft Declaration on the Rights of Indigenous Peoples by the General Assembly. He asks whether the theory of international society can accommodate indigenous peoples and considers the political arrangements needed for states to satisfy indigenous claims. The book also questions the moral legitimacy of international society and examines notions of collective guilt and responsibility.
Описание: The debate surrounding the rights of indigenous peoples is one of the most dynamic and controversial fields in contemporary politics. This book analyses the work of the International Labour Organisation (ILO) as a driving force in developing the status of indigenous peoples in international law. Focussing on the creation and implementation of the two legally binding international instruments in the area, Conventions No. 107 (1957) and 169 (1989), RodrЎguez-Pi¤ero traces the historical and political processes at work in the struggle of indigenous peoples for legal recognition.
The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples' consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era.
Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples' self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry's increasingly pervasive reach will be provided by indigenous peoples themselves.
The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.
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