While the plight of persons displaced within the borders of states has emerged as a global concern, not much attention has been given to this specific category of persons in international legal scholarship. Unlike refugees, internally displaced persons remain within the states in which they are displaced. Current statistics indicate that there are more people displaced within state borders than persons displaced outside states. Romola Adeola examines the protection of the internally displaced person under international law, considering existing legal regimes at various levels of governance and institutional mechanisms for internally displaced persons. Scholars in the field of forced migration and law, policy-makers and international agencies will recognize the significance of the author's thorough examination of The Internally Displaced Person in International Law.

There has been renewed and growing interest in exploring the significant role played by law in the centralization of power and sovereignty - right from the earliest point. This timely book serves as an introduction into state theory, providing an overview of the conceptual history and the interdisciplinary tradition of the continental European general theory of the state. Chapters present a theory of the state grounded in cultural analysis and show liberal democracy to be the paradigm of today's western nation-state. The analysis includes the emergence of legal forms and institutions that are linked either to the constitutional state (the securing of civil liberties and fundamental rights), the welfare state (social and welfare law), or the network-state (regulation of complex digital technologies). Thomas Vesting focuses on illustrating the fundamental features of these evolutionary stages - the three layers constituting the modern state - and reveals their cultural and social preconditions. This book will be an ideal read for students, postgraduates, and other academic audiences with interests in state theory, jurisprudence, legal theory, political theory, and legal philosophy.

Combining both theoretical and practical insights, the Research Handbook on Secession addresses a wide range of legal issues surrounding secessions. It considers both well-known examples such as Kosovo and Bangladesh alongside less frequently discussed cases including Somaliland and Palestine, offering state-of-the-art analysis of international law on statehood, secession, self-determination and related topics. Featuring contributions from a range of international scholars and experts, the Research Handbook discusses what a state is, distinguishes between declarations of independence and secessions, and examines the differences between secessions and the dissolution of states. Chapters provide both international law and comparative constitutional perspectives on issues of secession, inviting the reader to think afresh about the role of international law in territory and statehood. The Research Handbook also argues for the possibility that combining insights from international and constitutional law in particular could move the debate forward. This incisive Research Handbook will be crucial reading for scholars and students of constitutional and international law, as well as political science academics, with an interest in statehood and secession-related topics. It will further prove useful for international legal practitioners advising on these issues.

As a conflict ends and the parties begin working towards a durable peace, practitioners and peacebuilders are faced with the possibilities and challenges of building new or reformed political, security, judicial, social, and economic structures. This Handbook analyzes these elements of post-conflict state building through the lens of international law, which provides a framework through which the authors contextualize and examine the many facets of state building in relation to the legal norms, processes, and procedures that guide such efforts across the globe. The volume aims to provide not only an introduction to and explanation of prominent topics in state building, but also a perceptive analysis that augments ongoing conversations among researchers, lawyers, and advocates engaged in the field. The Research Handbook on Post-Conflict State Building provides keen insights for faculty, graduate and undergraduate students in programs related to peace and conflict, governance, and international justice and law. Practitioners such as United Nations staff, government officials, international institution and think tanks engaged in post-conflict state building will glean important lessons and guidance from the Handbook's chapters. Contributors include: T. Beckelman, S.-T. Bounfour, M.J. Day, M. de Hoon, Y.M. Dutton, R. Friedrich, C.M. Goebel, S.L. Hodgkinson, D.E.W. Johnson, R. Kraemer, C.D. Kreutzner, J.C. Levy, A.C. Mann, B. McGonigle Leyh, N. Narayan, S. Pearlman, F.J. Pecci, R.M. Perito, D.J. Planty, B. Popken, M. Sterio, J. Trahan, G. Visoka, P.R. Williams, J.P. Worboys

Secession in International Law argues that the effective development of criteria on secession is a necessity in today?'s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states?' self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest. By comparing and contrasting various situations and cases of self-determination leading toward secession in different parts of the world, including the recent cases of Scotland, Crimea, and Catalonia, this book serves as an illuminating illustration of past and attempted secessions. Sterio approaches her novel framework with the goal of reconciling the international law norm of territorial integrity with the right to external self-determination, proposing specific and useable guidelines. This unique book will appeal not only to academic audiences, but to state actors, politicians, government members and policy makers as well.

This addition to the Elements of International Law series explores the role of international law as an integral part of the Russian legal system, with particular reference to the role of international treaties and of generally-recognized principles and norms of international law. Following a discussion of the historical place of treaties in Russian legal history and the sources of the Russian law of treaties, the book strikes new ground in exploring contemporary treaty-making in the Russian Federation by drawing upon sources not believed to have been previously used in Russian or western doctrinal writings. Special attention is devoted to investment protection treaties. The importance of publishing treaties as a condition of their application by Russian courts is explored. For the first time a detailed account is given of the constitutional history of treaty ratification in Russia, the outcome being that present constitutional practice is inconsistent with the drafting history of the relevant constitutional provisions. The volume gives attention to the role of the Russian Supreme Court in developing treaty practice through the issuance of "guiding documents" binding on lower courts, the reaction of the Russian Constitutional Court to judgments of the European Court of Human Rights, and the place of treaties as an integral part of the Russian legal system. Butler further explores the hierarchy of sources of law, together with other facets of Russian arbitral and judicial practice with respect to treaties and other sources of international law. He concludes with a consideration of the 'generally-recognized principles and norms of international law' and their role as part of the Russian system.

Water covers some 75% of the earth's surface, while land covers 25%, approximately. Yet the former accounts for less than 1% of world GDP, the latter 99% plus. Part of the reason for this imbalance is that there are more people located on land than water. But a more important explanation is that while land is privately owned, water is unowned (with the exception of a few small lakes and ponds), or governmentally owned (rivers, large lakes). This gives rise to the tragedy of the commons: when something is unowned, people have less of an incentive to care for it, preserve it, and protect it, than when they own it. As a result we have oil spills, depletion of fish stocks, threatened extinction of some species (e.g. whales), shark attacks, polluted and dried-up rivers, misallocated water, unsafe boating, piracy, and other indices of economic disarray which, if they had occurred on the land, would have been more easily identified as the result of the tragedy of the commons and/or government ownership and mismanagement. The purpose of this book is to make the case for privatization of all bodies of water, without exception. In the tragic example of the Soviet Union, the 97% of the land owned by the state accounted for 75% of the crops. On the 3% of the land privately owned, 25% of the crops were grown. The obvious mandate requires that we privatize the land, and prosper. The present volume applies this lesson, in detail, to bodies of water.

Water covers some 75% of the earth's surface, while land covers 25%, approximately. Yet the former accounts for less than 1% of world GDP, the latter 99% plus. Part of the reason for this imbalance is that there are more people located on land than water. But a more important explanation is that while land is privately owned, water is unowned (with the exception of a few small lakes and ponds), or governmentally owned (rivers, large lakes). This gives rise to the tragedy of the commons: when something is unowned, people have less of an incentive to care for it, preserve it, and protect it, than when they own it. As a result we have oil spills, depletion of fish stocks, threatened extinction of some species (e.g. whales), shark attacks, polluted and dried-up rivers, misallocated water, unsafe boating, piracy, and other indices of economic disarray which, if they had occurred on the land, would have been more easily identified as the result of the tragedy of the commons and/or government ownership and mismanagement. The purpose of this book is to make the case for privatization of all bodies of water, without exception. In the tragic example of the Soviet Union, the 97% of the land owned by the state accounted for 75% of the crops. On the 3% of the land privately owned, 25% of the crops were grown. The obvious mandate requires that we privatize the land, and prosper. The present volume applies this lesson, in detail, to bodies of water.

This timely research review discusses key articles dealing with the importance of territory for international law in its relationship with power, state building and globalization. The collection also analyses the evolution and scope of the law of acquisition of territory from colonial times until today, the emergence of new areas for the territorial expansion of states and border delimitation rules. Finally, the review investigates the impact of the human dimension in the way international law addresses territorial issues, particularly the individual and collective human rights, including indigenous peoples and the right to self-determination.

As international political and economic relations have become increasingly complex, so have the pressures on international boundaries and the borderlands which surround them. Although there are still many examples of "traditional" boundary problems associated with disputes between states concerning control over territory and maritime space, the papers in this volume demonstrate the vulnerability of borderlands to other forces, most notably illegal immigration and cross-border crime. This study aims to investigate the causes and implications of borderland stress. The first section explores changing concepts of sovereignty and their impact on the meaning and functions of international boundaries. The contributions in the second and third sections offer a combination of regional appraisals and individual case studies highlighting the range of problems affecting borderlands around the world, together with an assessment of some of the initiatives launched in response to those problems. While many of the conclusions drawn are rather sobering, it is clear that in some parts of the world new and imaginative approaches to territorial organization and management are helping to create safer, more dynamic and more prosperous borderlands. The papers in this volume represent the proceedings of the fifth International Conference of the International Boundaries Research Unit, held at the University of Durham on 15-17 July 1998.

Nothing serves to remind us of the instability of the "globalized" order as much as the continuing power of territorial boundaries to spawn political and humanitarian crises. Although it might seem that in this important respect the modern world has made little progress, the work of Gerald Blake continues to prove that peaceful resolution of problems associated with international boundaries can be attained. This festschrift reflects the topics and regional preoccupations of one of the leading researchers in the field. Professor Blake returned to certain topics throughout his long career, especially the Middle East, maritime boundaries, and the relation between borders and demographics. Several of the authors extend his work in such areas as Arctic jurisdiction, environmental issues of transboundary water management, and geographic information systems (GIS). For the growing number of professionals in conflict management, international humanitarian law, the law of the sea, environmental law, and energy law, and for workers in such diverse fields as natural resource management and forced migrations - as well as for specialists in the Middle East, Africa, and South East Asia - these revealing essays should offer a wealth of valuable information and insight.

Differentiation was at first not perceived as a threat to the European project, but rather as a tool to promote further integration. Today, more EU policies than ever are marked by concentric circles of integration and a lack of uniform application. As the EU faces increasingly existential challenges, this timely book considers whether the proliferation of mechanisms of flexibility has contributed to this newly fragile state or whether, to the contrary, differentiation has been fundamental to integration despite the heterogeneity of national interests and priorities. Written by emerging and established experts in the field, the chapters examine the present and future of differentiation in EU law. Part I covers general institutional aspects, with contributors examining the nature and characteristics of the various institutional and extra-institutional forms of differentiation. Part II takes a policy-oriented perspective, focussing on areas of EU law and policy in which differentiated integration is prevalent or particularly intriguing. This includes Economic and Monetary Union, the internal market, justice and home affairs, and foreign policy. Differentiated integration is now a defining feature of the EU polity, with the potential to impact almost every facet of EU regulation. This book will be essential reading for students and academics in EU law or anyone interested in the future of EU integration. Contributors include: V. Borger, M. Dawson, M. de Visser, B. De Witte, W. Devroe, A. Durana, N. El-Enany, C. Fasone, E. Ferran, E. Herlin-Karnell, C. Herrmann, S. Kingston, P. Koutrakos, A. Ott, S. Peers, D. Thym, P. Van Cleynenbreugel, S. Van den Bogaert, A.P. van der Mei, E. Vos, M. Weimer

The Antarctic and Southern Ocean are hotspots for contemporary endeavours to oversee 'the last frontier' of the Earth. The Handbook on the Politics of Antarctica offers a wide-ranging and comprehensive overview of the governance, geopolitics, international law, cultural studies and history of the region. Written by leading experts, the Handbook brings together the very best interdisciplinary social science and humanities scholarship on the Antarctic and Southern Ocean, offering a definitive statement on why the world's only uninhabited continent attracts global attention in terms of science, politics and natural resources - and what can be done to manage it. Four sections take readers from the earliest human encounters to contemporary resource exploitation and climate change through thematic and critical analyses: the exploration, exploitation and mapping of Antarctica; its emergence as an object of global interest; human behaviour and environmental change in response to managerial interventions; and a contemplation of possible futures for Antarctica. All topics are covered in accessible yet authoritative contributions. Specialist readers in polar regions, public international law, geography, geopolitics and international relations will appreciate this uniquely comprehensive and up-to-date examination of politics in and around Antarctica, as will scholars with interest in areas beyond national jurisdiction, peace/co-operation studies and the interface between public policy and science. Contributors include: A.E. Abdenur, D.G. Ainley, A. Antonello, D. Avango, P.J. Beck, M. Benwell, L.E. Bloom, A.-M. Brady, C. Braun, N. Brazell, C. Brooks, I. Cardone, S.L. Chown, C. Collis, R. Davis, K. Dodds, A. Elzinga, F. Francioni, M. Haward, A.D. Hemmings, F. Hertel, A. Howkins, J. Jabour, S. Kaye, R.D. Launius, E. Leane, D. Liggett, H. Nielsen, E. Nyman, O. Olsson, H. OEsterblom, H.-U. Peter, P. Roberts, R. Roura, J.F. Salazar, D. Sampaio, S.V. Scott, T. Stephens, E. Stewart, L.-M. van der Watt, N. Vanstappen, P. Vigni, R. Wolfrum, J. Wouters, O. Young

When a person is not recognised as a citizen anywhere, they are typically referred to as ‘stateless’. This can give rise to challenges both for individuals and for the institutions that try to govern them. Statelessness, governance, and the problem of citizenship breaks from tradition by relocating the ‘problem’ to be addressed from one of statelessness to one of citizenship. It problematises the governance of citizenship – and the use of citizenship as a governance tool – and traces the ‘problem of citizenship’ from global and regional governance mechanisms to national and even individual levels. With contributions from activists, affected persons, artists, lawyers, academics, and national and international policy experts, this volume rejects the idea that statelessness and stateless persons are a problem. It argues that the reality of statelessness helps to uncover a more fundamental challenge: the problem of citizenship. -- .

The Antarctic Treaty (1959) was adopted for the purpose of bringing peace and stability to Antarctica and to facilitate cooperation in scientific research conducted on and around the continent. It has now been over fifty years since the signing of the treaty, nevertheless security continues to drive and shape the laws and policy regime which governs the region. Antarctic Security in the Twenty-First Century: Legal and Policy Perspectives assess Antarctic security from multiple legal and policy perspectives. This book reviews the existing security construct in Antarctica, critically assesses its status in the early part of the Twenty-First century and considers how Antarctic security may be viewed in both the immediate and distant future. The book assesses emerging new security threats, including the impact of climate change and the issues arising from increased human traffic to Antarctica by scientists, tourists, and mariners. The authors call into question whether the existing Antarctic security construct framed around the Antarctic Treaty remains viable, or whether new Antarctic paradigms are necessary for the future governance of the region. The contributions to this volume engage with a security discourse which has expanded beyond the traditional military domain to include notions of security from the perspective of economics, the environment and bio-security. This book provides a contemporary and innovative approach to Antarctic issues which will be of interest to scholars of international law, international relations, security studies and political science as well as policy makers, lawyers and government officials with an interest in the region.

The Antarctic Treaty (1959) was adopted for the purpose of bringing peace and stability to Antarctica and to facilitate cooperation in scientific research conducted on and around the continent. It has now been over fifty years since the signing of the treaty, nevertheless security continues to drive and shape the laws and policy regime which governs the region. Antarctic Security in the Twenty-First Century: Legal and Policy Perspectives assess Antarctic security from multiple legal and policy perspectives. This book reviews the existing security construct in Antarctica, critically assesses its status in the early part of the Twenty-First century and considers how Antarctic security may be viewed in both the immediate and distant future. The book assesses emerging new security threats, including the impact of climate change and the issues arising from increased human traffic to Antarctica by scientists, tourists, and mariners. The authors call into question whether the existing Antarctic security construct framed around the Antarctic Treaty remains viable, or whether new Antarctic paradigms are necessary for the future governance of the region. The contributions to this volume engage with a security discourse which has expanded beyond the traditional military domain to include notions of security from the perspective of economics, the environment and bio-security. This book provides a contemporary and innovative approach to Antarctic issues which will be of interest to scholars of international law, international relations, security studies and political science as well as policy makers, lawyers and government officials with an interest in the region.

Sovereignty and jurisdiction are legal doctrines of a complex nature, which have been subject to differing interpretations by scholars in legal literature. The tridimensionality of state territory recognised under customary international law subsists until the present but there are other territories that do not or cannot belong to any state or political entity which also must be accounted for in legal theory. The issues surrounding sovereignty and jurisdiction are likely to become ever more pressing as globalisation, growing pressure on resources and the need for energy and national security become acute, and the resolution of special delimitation disputes seems likely to become a vital question in the twenty-first century. As a result of the fast pace of technological developments in air and space activities and the massive increases in air transportation , satellite communications and space exploration, the need for scholars and practitioners to sharpen their appreciation of the legal and political issues becomes crucial. This book will focus primarily on the issues of sovereignty jurisdiction and control in airspace and outer space and their effects on public and private activities, but it will also look at related issues pertaining to the Seas and Antarctica. Commercial exploitation, resource control and the international regime regulating contractual obligations in relation to transportation of goods and services over all forms of territory will be examined to the extent that they are necessary to explain jurisdictional rights and duties over territory. Older problems of international law such as crimes in the air and airspace trespass are treated along with newer developments such as space tourism as well as growing demand for private ownership and involvement in outer space exploitation. The book goes on to consider the distinction between airspace and outer space and puts forward legal criteria which would allow for the resolution of the spatial delimitation dispute. These criteria would determine where in spatial terms the exclusive sovereignty of airspace ends and where outer space - the province of all mankind - begins, and contribute to the jurisprudence of territorial sovereignty and jurisdiction.

What happens under international law if a state perishes due to rising sea levels without a successor state being created? Will the state cease to exist? What would this mean for its population? Have international law and globalization progressed enough to protect the people thus affected, or does international law still depend on the territorial state when it comes to protecting entire populations? Exploring these issues, this book provides answers to these pressing questions. Focusing on small island states as actors in the international community, it evaluates the challenges that the state as a subject of international law faces in general from globalization and humanization, and what this means for small island states threatened by rising seas. Highlighting the experience of the indigenous peoples of small island states as collectives, and to the individuals living in these states, the book addresses fundamental questions of general state theory and international law, drawing on an extensive body of source material. As rising sea levels present an increasingly pressing threat to small island states, this book highlights the importance of international protection of the individual and the capacity of international organizations to act within existing international law. It identifies pressing problems where immediate action is required and argues that, in future, the responsibility for protecting individuals could shift to the international community, if a sinking island state can no longer protect its population on its own.

Ever since international economic relations have been established law has been developed to shape them in a satisfactory manner. Conversely, changes in the law have sometimes preceded, and thus fostered, international economic intercourse. The spectacular growth of the international economy over the past decades has called for a more intensive role for the law, and probably also a different kind of law. This has led to a panoply of new legal instruments and procedures as well as a resuscitation of the traditional and established forms. In December 2002, the Europa Instituut of Leiden University convened a seminar to discuss the various responses to the challenges posed by globalisation in different fields of economic activity and legal practice. The theme 'Globalisation and Jurisdiction' was reflected upon both by scholars and practitioners. Their presentations are presented in this book in a more formal and extensive format. Some additional topics have been included to provide an even more extensive treatment of the theme. In this book, the legal developments in some selected sectors which display particularly interesting features, such as international securities and banking and the internet are addressed. For every sector the question can be asked: what are the challenges posed by globalisation and how has the law been reacting to them? An overview of these developments provides valuable input for the second purpose of this book, the academic debate on jurisdiction and globalisation. Which problems are encountered? To what extent have traditional concepts of jurisdiction accommodated the requirements of a global economy? To what extent have these traditional concepts been adapted andnew ones developed to solve these problems?

While espionage among nations is a long-standing practice, the emergence of the Internet has challenged the traditional legal framework and has resulted in the intensification of intelligence activities. With the emergence of cyber-espionage, agents may collect intelligence from within their own jurisdictions, with a great deal of secrecy and less risk. This book argues that - save some exceptions - this activity has been subject to normative avoidance, meaning that it is neither prohibited, nor authorized or permitted. States are aware of such status of law, and are not interested in any further regulation, leaving them free to pursue cyber-espionage themselves at the same time as they adopt measures to prevent and falling victim to it. This book resorts to a first-class sample of state practice and analyses several rules and treaties, and demonstrates that no specific customary law has emerged in the field. -- .

This book explores the phenomenon of de facto states in Eurasia: states such as Abkhazia, Nagorno-Karabakh, and the Transnistrian Moldovan Republic. It examines how they are formed, what sustains them, and how their differing development trajectories have unfolded. It argues that most of these de facto states have been formed with either direct or indirect support from Russia, but they all have their own internal logic and are not simply puppets in the hands of a powerful patron. The book provides detailed case studies and draws out general patterns, and compares present-day de facto states with de facto states which existed in the past.

How ought scholars and students to approach the rapidly expanding and highly multidisciplinary study of international economic law? Academics in the field of international political economy used to take for granted that they worked with the overarching concepts of rules and governance, while legal scholars analyzed treaties and doctrines. However, over the past twenty years formerly disparate fields of study have converged in a complex terrain, where academic researchers and governmental policy analysts use a pluralistic set of theoretical and methodological tools to study the ongoing development of international economic law. This volume argues that the extensive development of international economic law makes it impossible to discuss international political economy and international law as if they were mutually exclusive processes, or even as if they were separate and mutually reinforcing. Rather, we must think of them as a deeply interconnected set of rapidly evolving activities. This is a paradigm shift in which we cease to think about an international system in which politics and law interact, and begin to think about an international system in which politics take place in a legal frame. Froese terms this a shift from politics and law, to the politics of international economic law. This book does for political economy what others have already done for law - introduces political scientists, economists, and other practitioners of IPE, to the potential of engaging with legal theory and method; it will be of great interest to scholars in a range of areas including IPE, global governance, IR and international law.

This book provides an account of how the responsibility to protect (R2P) and the International Criminal Court (ICC) were applied in Kenya. In the aftermath of the disputed presidential election on 27 December 2007, Kenya descended into its worst crisis since independence. The 2007-08 post-election crisis in Kenya was among the first situations in which there was an appeal to both the responsibility to protect and a responsibility to prosecute. Despite efforts to ensure compatibility between R2P and the ICC, the two were far from coherent in this case, as the measures designed to protect the population in Kenya undermined the efforts to prosecute perpetrators. This book will highlight how the African Union-sponsored mediation process effectively brought an end to eight weeks of bloodshed, while simultaneously entrenching those involved in orchestrating the violence. Having secured positions of power, politicians bearing responsibility for the violence set out to block prosecutions at both the domestic and international levels, eventually leading the cases against them to unravel. As this book will reveal, by utilising the machinery of the state as a shield against prosecution, the Government of Kenya reverted to an approach to sovereignty that both R2P and the ICC were specifically designed to counteract. This book will be of interest to students of the Responsibility to Protect, humanitarian intervention, African politics, war and conflict studies and IR/Security Studies in general.

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.