Описание: This book represents a unique endeavor to elucidate the story of Kosovo’s unilateral quest for statehood. It is an inquiry into the international legal aspects and processes that shaped and surrounded the creation of the state of Kosovo. Being created outside the post-colonial context, Kosovo offers a unique yet controversial example of state emergence both in the theory and practice of creation of states. Accordingly, the book investigates the legal pathways, strategies, developments and policy positions of international agencies/actors and regional players (in particular the EU) that helped Kosovo to establish its independence and gradually acquire statehood. Although contested, Kosovo, and its quest for statehood, represents a unique example of successful unilateral secession. The book therefore explores and analyses patterns of state formation and nation-building in Kosovo, and its transition to democracy. It presents a three-level assessment. First, seen from a historical perspective, the book examines the validity of the right of Kosovar-Albanians to self-determination and remedial secession. Second, from a legal positivist perspective, it scrutinizes all of the legalist arguments that support Kosovo’s right to statehood, and claims that both traditional and legality-based criteria for statehood remain insufficient to determine whether Kosovo has achieved statehood. Third, from a post-factum perspective, the book analyzes the scope and extent to which the internationally blended element was decisive in Kosovo’s state-formation and state-building processes. It explains how the EU’s involvement as an ‘internationally blended element’ in Kosovo’s efforts to achieve statehood was instrumental and played a crucial role in shaping the emerging state. In particular, the book elaborates on how the EU was able to streamline its mode of intervention in the context of state-building and reform.
Автор: Chinkin Название: Sovereignty, Statehood and State Responsibility ISBN: 1107044251 ISBN-13(EAN): 9781107044258 Издательство: Cambridge Academ Рейтинг: Цена: 19800.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection of essays analyses the core building blocks of international law: sovereignty, statehood and state responsibility. The critical assessment of the enduring value of these concepts and the challenges faced enables readers to understand the dynamic application and interpretation of living legal thought in practice.
Автор: Zimmermann Lisbeth Название: Global Norms with a Local Face ISBN: 1107172047 ISBN-13(EAN): 9781107172043 Издательство: Cambridge Academ Рейтинг: Цена: 15206.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Lisbeth Zimmermann analyzes the interaction of external rule-of-law promotion and norm translation in post-conflict states, using an innovative theoretical approach and an in-depth case study of Guatemala. The book will appeal to scholars of international relations, peacebuilding, and international law, as well as to practitioners in democracy promotion and development.
Автор: Putnam, Tonya L. (columbia University, New York) Название: Courts without borders ISBN: 1316502074 ISBN-13(EAN): 9781316502075 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This is the first book to examine the US politics of judicial extraterritoriality, the practice of domestic courts unilaterally applying domestic laws to conduct and persons outside the US borders. This volume proposes and tests a general theory of domestic court behavior to explain variation in extraterritorial enforcement of US law.
Описание: Like many countries around the world, Chile is undergoing a political moment when the nature of democracy and its political and legal institutions are being challenged. Senior Chilean legal scholar and constitutional historian Pablo Ruiz-Tagle provides an historical analysis of constitutional change and democratic crisis in the present context focused on Chilean constitutionalism. He offers a comparative analysis of the organization and function of government, the structure of rights and the main political agents that participated in each stage of Chilean constitutional history. Chile is a powerful case study of a Latin American country that has gone through several threats to its democracy, but that has once again followed a moderate path to rebuild its constitutional republican tradition. Not only the first comprehensive study of Chilean constitutional history in the English language from the nineteenth-century to the present day, this book is also a powerful defence of democratic values.
Описание: In 2002, ASEAN made history when two of its founder members—Indonesia and Malaysia— amicably settled a dispute over the ownership of the two Bornean islands of Sipadan and Ligitan by accepting the jurisdiction of the International Court of Justice(ICJ) which ruled in favour of Malaysia. The case at once assumed great significance as a beacon of hope for the region which is plagued by numerous disruptive territorial disputes.As both the historical evidence and legal milieu are vital considerations for the ICJ to award sovereignty, this book covers in detail the historical roots of the issue as well as the law dimension pertaining to the process of legal proceedings and the ICJ deliberations. The work concludes by offering a set of guidelines on cardinal principles of international law for successfully supporting a claim to disputed territories. These may be usefully utilized by interested parties.
Автор: Ben-Naftali Orna Название: ABC of the OPT ISBN: 1316609936 ISBN-13(EAN): 9781316609934 Издательство: Cambridge Academ Рейтинг: Цена: 5386.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The legal issues surrounding Israel`s half-century rule over the Palestinian Territories are analyzed and critiqued in this original lexicon. Through a detailed examination of the terms and concepts involved, the book sheds light on the role of international and Israeli law in shaping, legitimizing, and responding to Israeli occupation.
Автор: Donald R Rothwell Название: Islands and International Law ISBN: 1509955461 ISBN-13(EAN): 9781509955466 Издательство: Bloomsbury Academic Рейтинг: Цена: 6651.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Islands and their status in international law have become one of the more contentious issues in public international law. However, despite this, there is no contemporary book-length study on the question. This book fills that gap. Written by one of the world’s leading public international lawyers, it offers an authoritative overview of how public international law operates in relation to islands. Key issues such as artificial islands, archipelagos, sovereignty, territorial rights, maritime entitlements, and governance are explored in depth. This will become a classic text in the field of international law.
Автор: Putnam Название: Courts without Borders ISBN: 1107137098 ISBN-13(EAN): 9781107137097 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This is the first book to examine the US politics of judicial extraterritoriality, the practice of domestic courts unilaterally applying domestic laws to conduct and persons outside the US borders. This volume proposes and tests a general theory of domestic court behavior to explain variation in extraterritorial enforcement of US law.
Автор: French Название: Statehood and Self-Determination ISBN: 1107542685 ISBN-13(EAN): 9781107542686 Издательство: Cambridge Academ Рейтинг: Цена: 7762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This detailed and timely examination of fundamental issues of statehood and recognition, self-determination and the rights of indigenous peoples includes analysis of some of the most controversial examples of disputed territorial status, including Kosovo and the Palestinian Authority.
Описание: This book analyses all major WTO provisions relating to the transit of pipeline gas and is essential reading for practitioners and regulatory authorities interested in the WTO`s regulation of trade in energy, as well as legal and non-legal researchers analysing energy-related issues that are indirectly related to WTO law, and generalists in the field of public international law.
Автор: Barnidge Jr. Robert P Название: Self-Determination, Statehood, and the Law of Negotiation ISBN: 1509921192 ISBN-13(EAN): 9781509921195 Издательство: Bloomsbury Academic Рейтинг: Цена: 5859.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: From the Madrid Invitation in 1991 to the introduction of the Oslo process in 1993 to the present, a negotiated settlement has remained the dominant leitmotiv of peacemaking between Israel and the Palestinian people. That the parties have chosen negotiations means that either side’s failure to comply with its obligation to negotiate can result in an internationally wrongful act and, in response, countermeasures and other responses. This monograph seeks to advance our understanding of the international law of negotiation and use this as a framework for assessing the Israeli–Palestinian dispute, with the Palestinian people’s unsuccessful attempt to join the United Nations as a Member State in autumn 2011 and the successful attempt to join the same institution as a non-Member Observer State in November 2012 providing a case study for this. The legal consequences of these applications are not merely of historical interest; they inform the present rights and obligations of Israel and the Palestinian people. This work fills a significant gap in the existing international law scholarship on the Israeli–Palestinian dispute, which neither engages with this means of dispute settlement generally nor does so specifically within the context of the Palestinian people’s engagements with international institutions. 'Based on primary research, this book explores materials that were not analyzed before. It treats a highly political issue with scientific objectivity that strikes a balance between various points of view. The book will be an essential reading to all those involved in peace studies, international negotiations and Israeli-Palestinian conflict'. Mutaz M Qafisheh, Associate Professor of International Law, Hebron University. ‘A compelling and innovative account of the legal aspects of the Palestinian-Israeli conflict: a must read.’ Efraim Karsh, King’s College London and Bar-Ilan University, author of Palestine Betrayed. 'A superbly imagined and executed study on Palestine that puts the 'negotiation imperative' at the heart of its narrative, fully interrogating the involvement of public international law at each step of the long and layered history that is vigorously brought to life in these pages. A study that also promises texture, nuance, and depth to the legal analysis it offers-and it delivers handsomely on each of these fronts.' -Dino Kritsiotis, Chair of Public International Law & Head of the International Humanitarian Law Unit, University of Nottingham.
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