Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being 'intra-state' wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high.
This book explores the relationship between recognition, statehood and self-determination, and shows how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the potential to become violent.
The book goes on to investigate whether the International Court of Justice, as the primary judicial organ of the United Nations, could successfully resolve questions of self-determination through the application of legal analysis and principles of international law. By evaluating the strengths, weaknesses and effectiveness of the Court's advisory jurisdiction, Andrew Coleman asks whether the ICJ is a suitable forum for these questions, and asks what changes would be necessary to provide an effective means for the peaceful "birth" of States.
Описание: It has been said that we no longer consider whether to pursue justice, but how and when. Justice no longer follows in the wake of peace; it is pursued while violent political conflicts are on-going. This book explores the relationship between peace and justice through an analysis of the interventions of the ICC into on-going and active conflicts.
Автор: Toki, Valmaine Название: Indigenous courts, self-determination and criminal justice ISBN: 0815375522 ISBN-13(EAN): 9780815375524 Издательство: Taylor&Francis Рейтинг: Цена: 18374.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions, and also in the United Nations Declaration on the Rights of Indigenous Peoples, this book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior.
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.
Название: Restoring indigenous self-determination ISBN: 1910814032 ISBN-13(EAN): 9781910814031 Издательство: Неизвестно Рейтинг: Цена: 3677.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law.
Описание: Reclaiming Tom Longboat recounts the history of Indigenous sport in Canada through the lens of the prestigious Tom Longboat Awards, shedding light on a significant yet overlooked aspect of Canadian policy and Crown-Indigenous relations. Drawing on a rich and varied set of oral and textual sources, including interviews with award recipients and Jan Eisenhardt, the creator of the Awards himself, Janice Forsyth critically assesses the states role in policing Indigenous bodies and identities through sport, from the assimilationist sporting regulations of residential schools to the present-day exclusion of Indigenous activities from mainstream sports. This work recognizes the role of sport as a tool for colonization in Canada, while also acknowledging its potential to become a tool for decolonization and self-determination. "Through considering the Awards in the broader context of ongoing colonial relations in Canada, and bringing to light the voices of the recipients, this study extends well beyond the Tom Longboat Awards history to encompass the complicated place of sport in the Indigenous experience." —Robert Kossuth, Associate Professor of Kinesiology and Physical Education, University of Lethbridge
Описание: Reclaiming Tom Longboat recounts the history of Indigenous sport in Canada through the lens of the prestigious Tom Longboat Awards, shedding light on a significant yet overlooked aspect of Canadian policy and Crown-Indigenous relations. Drawing on a rich and varied set of oral and textual sources, including interviews with award recipients and Jan Eisenhardt, the creator of the Awards himself, Janice Forsyth critically assesses the states role in policing Indigenous bodies and identities through sport, from the assimilationist sporting regulations of residential schools to the present-day exclusion of Indigenous activities from mainstream sports. This work recognizes the role of sport as a tool for colonization in Canada, while also acknowledging its potential to become a tool for decolonization and self-determination. "Through considering the Awards in the broader context of ongoing colonial relations in Canada, and bringing to light the voices of the recipients, this study extends well beyond the Tom Longboat Awards history to encompass the complicated place of sport in the Indigenous experience." —Robert Kossuth, Associate Professor of Kinesiology and Physical Education, University of Lethbridge
Описание: A collaboration between Native activists, professionals, and scholars, Re-creating the Circle brings a new perspective to the American Indian struggle for self-determination: the returning of Indigenous peoples to sovereignty, self-sufficiency, and harmony so that they may again live well in their own communities while partnering with their neighbors, the nation, and the world for mutual advancement. Given the complexity in realizing American Indian renewal, this project weaves the perspectives of individual contributors into a holistic analysis, providing a broader understanding of political, economic, educational, social, cultural, and psychological initiatives. The authors seek to assist not only in establishing American Indian nations as full partners in American federalism and society, but also in improving the conditions of Indigenous people worldwide, while illuminating the relevance of American Indian tradition for the contemporary world facing an abundance of increasing difficulties.
Описание: Considers the contributions of philosophical theories of property rights, political obligation, and self-determination to our moral understanding of political control over geographical space. Focuses on American Indian and other indigenous claims to a separate political status, including potentially to full legal independence.
What does it mean to say that Native peoples exist in the present? In Beyond Settler Time Mark Rifkin investigates the dangers of seeking to include Indigenous peoples within settler temporal frameworks. Claims that Native peoples should be recognized as coeval with Euro-Americans, Rifkin argues, implicitly treat dominant non-native ideologies and institutions as the basis for defining time itself. How, though, can Native peoples be understood as dynamic and changing while also not assuming that they belong to a present inherently shared with non-natives? Drawing on physics, phenomenology, queer studies, and postcolonial theory, Rifkin develops the concept of "settler time" to address how Native peoples are both consigned to the past and inserted into the present in ways that normalize non-native histories, geographies, and expectations. Through analysis of various kinds of texts, including government documents, film, fiction, and autobiography, he explores how Native experiences of time exceed and defy such settler impositions. In underscoring the existence of multiple temporalities, Rifkin illustrates how time plays a crucial role in Indigenous peoples’ expressions of sovereignty and struggles for self-determination.
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