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Sovereignty Statehood And State Responsibility

Author : Christine Chinkin
ISBN : 9781107044258
Genre : Law
File Size : 70.78 MB
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A timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states.
Category: Law

The International Element Statehood And Democratic Nation Building

Author : Dren Doli
ISBN : 9783030059958
Genre : Electronic books
File Size : 32.41 MB
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This book represents a unique endeavor to elucidate the story of Kosovos 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 Kosovos 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 Kosovos state-formation and state-building processes. It explains how the EUs involvement as an 'internationally blended element in Kosovos 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.
Category: Electronic books

Brownlie S Principles Of Public International Law

Author : James Crawford
ISBN : 9780198737445
Genre : Law
File Size : 31.83 MB
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Brownlie's Principles of Public International Law has been shaping the study and application of international law for over 50 years. Serving as a single-volume introduction to the field as a whole, the book is one of the classic treatises on international law, now fully updated to order to take account of recent developments. It includes extensive references in order to provide a solid foundation for further research.Authored by James Crawford, the ninth edition further secures the work as the essential international law text for students and practitioners.NEW TO THIS EDITIONDecisions of the International Court (e.g. Whaling in the Antarctic; the Marshall Islands cases; Peru v Chile; Somalia v Kenya; Costa Rica v Nicaragua; Bolivia v Chile)Recent decisions on the law of the sea and the status of islands (Arctic Sunrise; Croatia/Slovenia; South China Sea; Bangladesh/India; Ghana/Ivory Coast; Timor Leste/Australia (Conciliation))Decisions of senior national courts in the US (e.g. Bank Markazi v Peterson; Daimler AG v Bauman; Jesner v Arab Bank; Kiobel v Royal Dutch Petroleum), the UK (e.g. Al-Saadoon v SSD; Belhaj v Straw; Freedom and Justice Party; Rahmatullah; Miller v Secretary of State for Exiting the European Union; Benkharbouche v Sudan), the Netherlands (Mothers of Srebrenica; Urgenda Foundation), the Russian Federation (Anchukov & Gladkov v Russia) and elsewhereRecent ILC work (including Conclusions on Identification of Customary International Law, and Subsequent Practice in relation to the Interpretation of Treaties)Plus discussion of developments in the fields of climate change, diplomatic asylum (the Assange stand-off), international criminal law and the ICC, immunities of senior state officials, investment arbitration, corporate social responsibility, and the use of force by and against non-state actors.This title is available as an eBook. Please contact your Sales and Learning Resource Consultant for more information.
Category: Law

Protecting Animals Within And Across Borders

Author : Charlotte E. Blattner
ISBN : 9780190948313
Genre : Law
File Size : 67.87 MB
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based on author's thesis (doctoral - Universitèat Basel, 2016) issued under title: The extraterritorial protection of animals: admissibility and possibilities of the application of national animal welfare standards to animals in foreign countries.
Category: Law

Hiv Aids And The South African State

Author : Dr Annamarie Bindenagel Sehovic
ISBN : 9781472423375
Genre : Medical
File Size : 34.17 MB
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This book does not seek to absolve the South African state of its responsibility to respond to the HIV/AIDS epidemic. Moreover, it argues that although the state, the government, before, during, and after the transition to democracy, was aware of and acknowledged the threat - political, economic and social - posed by the epidemic, it nonetheless chose not to make the epidemic a priority policy issue. As a result, it argues that the South African HIV/AIDS case illustrates the tension inherent between a state’s ultimate sovereign responsibility to respond and its tactical dependence on external contributors to meet the demands of all of its constituents.
Category: Medical

State Failure Sovereignty And Effectiveness

Author : Gérard Kreijen
ISBN : 9789004139657
Genre : Law
File Size : 60.16 MB
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This comprehensive study of State failure upholds that the collapse of States in sub-Saharan Africa is a self-inflicted problem caused by the abandonment of the principle of effectiveness during decolonization. On the one hand, the abandonment of effectiveness may have facilitated the recognition of the new African States, but on the other it did lead to the creation of States that were essentially powerless: some of which became utter failures. Written in a style both provocative and unorthodox and using convincing arguments, this study casts doubt on some of the most sacred principles of the modern doctrine of international law. It establishes that the declaratory theory of recognition cannot satisfactorily explain the continuing existence of failed States. It also demonstrates that the principled assertion of the right to self-determination as the basis for independence in Africa has turned the notion of sovereignty into a formal-legal figment without substance. This book is a plea for more realism in international law. Pensive pessimists in the tradition of Hobbes will probably love it. Idealists in the tradition of Grotius may hate it, but they will find it very difficult to reject its conclusions.
Category: Law

Quasi States

Author : Robert H. Jackson
ISBN : 0521447836
Genre : Law
File Size : 71.2 MB
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Robert Jackson examines the birth and survival of Third World nations since the end of the Second World War. He describes these countries as "quasi-states," arguing that they exist more by the support and indulgence of the international community than by the abilities and efforts of their own governments and peoples. He investigates the international normative framework that upholds sovereign statehood in the Third World. This he calls "negative sovereignty" and contrasts it with what he sees as the "positive sovereignty" that emerged in Europe along with the modern state. Within this structure, he examines how negative sovereignty arose, and its mechanisms and consequences for both international politics and the domestic conditions of quasi-states. He concludes by assessing the future of quasi-states and the institution of negative sovereignty.
Category: Law

The Creation Of States In International Law

Author : James Crawford
ISBN : 9780198260028
Genre : Law
File Size : 24.42 MB
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Presents a comprehensive treatment of statehood in the field of international law. While retaining an enormous wealth of historical material of continuing validity, this edition tackles problems and questions such as the international disposition of territory in Kosovo and East Timor, claims for secession in Chechnya and Quebec, and more.
Category: Law

Down To The Waterline

Author : Sara Warner
ISBN : 9780820327037
Genre : Nature
File Size : 81.10 MB
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In most states the boundary separating public waters from private uplands--the ordinary high water line (OHWL)--is a flashpoint between proponents of either property rights or public-trust protection of our water. Using Florida as a case study, Down to the Waterline is the first book-length analysis of the OHWL doctrine and its legal, technical, and cultural underpinnings. Sara Warner not only covers the historical function of the OHWL but tells how advances in science and our environmental attitudes have led us to a more complex encounter with this ancient boundary. Florida sees a steady influx of new residents who crowd along its extensive coasts and interior shorelines--yet who also demand pristine water resources. The OHWL establishes public access and private ownership limits on some of the state’s most valuable land: in economic terms, waterfront real estate; in ecological terms, marshes and wetlands. Sara Warner brings to life many of the courtroom battles fought over the OHWL through the perspectives of ranchers, outdoors enthusiasts, developers, surveyors, scientists, and policymakers. While explaining the OHWL’s legal and political intricacies, Warner never loses sight of the wonder of herons wading a marsh or a largemouth bass breaking a smooth lake surface. To her the OHWL is not just an ideological battleground; it is a marker of how we see the natural world. What do we think we’re doing when we channel a river or fill a swamp? she asks--for it matters greatly where we focus our attention before invoking the awesome capabilities of technology.
Category: Nature

Textbook On International Law

Author : Martin Dixon
ISBN : 9780199574452
Genre : Language Arts & Disciplines
File Size : 26.19 MB
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Offers a concise and focused introduction to international law, with coverage of all the core topics, from the nature and sources of international law to the use of force and human rights.
Category: Language Arts & Disciplines