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Books > Law > International law > Public international law > International law of territories
The 1954 settlement of the territorial dispute over Trieste is remarkable when viewed in the perspective of twenty years, and especially so for the light it sheds on the principles of successful negotiation. This book offers the recollections and evaluations of the five experienced, skillful men who conducted the negotiations between Italy and Yugoslavia. Their different perspectives provide valuable insight into the resolution of this conflict and suggest methods for resolving future disputes. The editor's introduction places the diplomats' comments in historical context. The following chapters reproduce interviews with Llewellyn E. Thompson (American negotiator), Geoffrey W. Harrison (British negotiator), Vladimir Velebit (Yugoslav negotiator), Manlio Broslo (Italian negotiator), and Robert D. Murphy (Eisenhower's special envoy to Tito). In his conclusion, John C. Campbell points out that although the success of the Trieste negotiations was partly a matter of skillfully applied techniques, it was also in large measure due to the changing political context, which at a certain point was recognized by all parties to favor settlement. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
After centuries of near dormancy, the concept of 'universal jurisdiction' has suddenly become an important legal tool in the international campaign against impunity, most prominently in high-profile criminal trials. Among the legal questions raised by the exercise of universal jurisdiction, this book considers two. Under what conditions is a country investigating or prosecuting a foreigner for an extraterritorial offence internationally competent? What is the basis in municipal law for the exercise of universal jurisdiction? Reydams first identifies the international legal issues that arise when a State exercises extraterritorial jurisdiction generally, discerns the different doctrinal concepts of universal jurisdiction, and traces universal jurisdiction in current international texts such as multilateral conventions, resolutions of intergovernmental bodies, and official drafts and studies. He then brings together, and makes accessible in English, detailed accounts of universal jurisdiction in fourteen countries: Australia, Austria, Belgium, Canada, Denmark, France, Germany, Israel, the Netherlands, Senegal, Spain, Switzerland, the United Kingdom, and the United States. Reydams' point of departure is the need for a context-sensitive analysis. The municipal laws are thus placed in the larger context of a country's views on criminal jurisdiction generally and the case discussions pay detailed attention to the factual and legal context of each case. This approach provides the reader with the reasons why the individual was brought to justice in a third country. The inclusion of (translated) texts of municipal statutes, of (translated) excerpts from judicial decisions, and of commentaries by legal scholars makes this volume an important resource for decision makers and legal practitioners, both national and international.
The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the number of methodological approaches used to describe them. Many violent encounters are well known. The Kosovo Crisis in 1999 and the US-led invasion of Iraq in 2003 spring easily to the minds of most scholars and academics, and gain extensive coverage in this text. Other conflicts, including the Belgian operation in Stanleyville, and the Ethiopian Intervention in Somalia, are often overlooked to our peril. Ruys and Corten's expert-written text compares over sixty different instances of the use of cross border force since the adoption of the UN Charter in 1945, from all out warfare to hostile encounters between individual units, targeted killings, and hostage rescue operations, to ask a complex question. How much authority does the power of precedent really have in the law of the use of force?
The topic of sovereignty is contentious, and one of enduring interest. In a world of ever increasing economic globalisation, the rise of supranational regulation and the interconnected age of information and communication technology, among many other developments, have challenged the once exclusively held Westphalian model of sovereignty. The distinction between the internal aspect of sovereignty as expressed in terms of ultimate authority in a constitution, and the external aspect involving the relationship between sovereign states has been blurred. This has given rise to contemporary debates that explore the theoretical and practical implications of current challenges to established doctrines. Evidently no book could encompass the entirety of the contemporary debates on sovereignty. This is a book of essays focusing on sovereignty by a team of leading writers contributing domestic, European and international perspectives. The essays have been written at a time of very great testing of the institutional frameworks at every level: domestic, European, international or global. The book illuminates the enduring strength of sovereignty as a foundational concept and the continuing widespread appeal of sovereignty as an idea.
Trusteeship and the civilizing mission in international relations
did not end with the emergence of the self-determination
entitlement that led to decolonization in the second half of the
20th century. International organizations, whose modern form
emerged during the height of colonialism, took on the 'civilizing'
role in the 'post-colonial' era, internationalizing trusteeship and
re-legitimizing it as a feature of international public policy into
the bargain. Through analysis of the history of and purposes
associated with the involvement of international organizations in
territorial administration, such as the UN missions in Kosovo and
East Timor, a comparison between this activity and colonial
trusteeship, the Mandate and Trusteeship arrangements, and an
exploration of the modern ideas of international law and public
policy that underpin and legitimize contemporary interventions,
this book relates a new history of the concept of international
trusteeship.
The issue of state succession continues to be a vital and complex focal point for public international lawyers, yet it has remained strangely resistant to effective articulation. The formative period in this respect was that of decolonization which marked for many the time when international law came of age and when the promises of the UN Charter would be realized in an international community of sovereign peoples. Throughout the 1990s a series of territorial adjustments placed succession once again at the centre of international legal practice, in new contexts that went beyond the traditional model of decolonization: the disintegration of the Soviet Union, Yugoslavia, and Czechoslovakia, and the unifications of Germany and Yemen brought to light the fundamentally unresolved character of issues within the law of succession. Why have attempts to codify the practice of succession met with so little success? Why has succession remained so problematic a feature of international law? This book argues that the answers to these questions lie in the political backdrop of decolonization and self-determination, and that the tensions and ambiguities that run throughout the law of succession can only be understood by looking at the historical relationship between discourses on state succession, decolonization, and imperialism within the framework of international law.
Over the last two decades, the "new international order" of 1919 has grown into an expansive new area of research across multiple disciplines. With the League of Nations at its heart, the interwar settlement's innovations in international organizations, international law, and many other areas shaped the world we know today. This book presents the first study of the relationship between this new international order and the new regional order in Central and Eastern Europe after the collapse of the Habsburg empire. An analysis of the co-implication of these two orders is grounded in four key scholarly interventions: understanding the legacies of empire in international organizations; examining regionalism in the work of interwar international institutions; creating an integrated history of the interwar order in Europe; and testing recent claims of the conceptual connection between nationalism and internationalism. With chapters covering international health, international financial oversight, human trafficking, minority rights, scientific networks, technical expertise, passports, commercial treaties, borders and citizenship, and international policing, this book pioneers a regional approach to international order, and explores the origins of today's global governance in the wake of imperial collapse.
This study is about the ambit of national criminal law. Can a country prosecute and punish a foreigner for a crime committed abroad against another foreigner? Reydams first identifies the international legal issues which arise when a State exercises extraterritorial jurisdiction generally. He then brings together detailed accounts of universal jurisdiction in fourteen countries: Australia; Austria; Belgium; Canada; Denmark; France; Germany; Israel; the Netherlands; Senegal; Spain; Switzerland; the United Kingdom; and the United States.
The objective of this book is to identify similarities and differences between the positions of Finland (as an EU Member State) and China, on Arctic law and governance. The book compares Finnish and Chinese legal and policy stances in specific policy areas of relevance for the Arctic, including maritime sovereignty, scientific research, marine protected areas, the Svalbard Treaty and Arctic Council co-operation. Building on these findings, the book offers general conclusions on Finnish and Chinese approaches to Arctic governance and international law, as well as new theoretical insights on Arctic governance. The book is the result of a collaboration between The Northern Institute for Environmental and Minority Law (Arctic Centre, University of Lapland) and researchers from Wuhan University.
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.
An innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional, and international politics. A stellar group of scholars investigate the challenges that international courts face in transforming the formal legal authority conferred by states into an actual authority in fact that is respected by potential litigants, national actors, legal communities, and publics. Alter, Helfer, and Madsen provide a novel framework for conceptualizing international court authority that focuses on the reactions and practices of these key audiences. Eighteen scholars from the disciplines of law, political science and sociology apply this framework to study thirteen international courts operating in Africa, Latin America, and Europe, as well as on a global level. Together the contributors document and explore important and interesting variations in whether the audiences that interact with international courts around the world embrace or reject the rulings of these judicial institutions. Alter, Helfer, and Madsen's authority framework recognizes that international judges can and often do everything they 'should' do to ensure that their rulings possess the gravitas and stature that national courts enjoy. Yet even when imbued with these characteristics, the parties to the dispute, potential future litigants, and the broader set of actors that monitor and respond to the court's activities may fail to acknowledge the rulings as binding or take meaningful steps to modify their behaviour in response to them. For both specific judicial institutions, and more generally, the book documents and explains why most international courts possess de facto authority that is partial, variable, and highly dependent on a range of different audiences and contexts - and thus is highly fragile. An introduction situates the book's unique approach to conceptualizing international court authority within theoretical debates about the authority of global institutions. International Court Authority also includes critical reflections on the authority framework from legal theorists, international relations scholars, a philosopher, and an anthropologist. The book's conclusion questions a number of widely shared assumptions about how social and political contexts facilitate or undermine international courts in developing de facto authority and political power.
This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states. It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.
As climate change makes the Arctic a region of key political interest, so questions of sovereignty are once more drawing international attention. The promise of new sources of mineral wealth and energy, and of new transportation routes, has seen countries expand their sovereignty claims. Increasingly, interested parties from both within and beyond the region, including states, indigenous groups, corporate organizations, and NGOs and are pursuing their visions for the Arctic. What form of political organization should prevail? Contesting the Arctic provides a map of potential governance options for the Arctic and addresses and evaluates the ways in which Arctic stakeholders throughout the region are seeking to pursue them.
This volume is an edited collection of essays on various aspects of the 2010 Kosovo Advisory Opinion of the International Court of Justice. The main theme of the book is the interplay between law and politics regarding Kosovo's independence generally and the advisory opinion specifically. How and why did the Court become the battleground in which Kosovo's independence was to be fought out (or not)? How and why did political arguments in favour of Kosovo's independence (e.g. that Kosovo was a unique, sui generis case which set no precedent for other secessionist territories) change in the formal, legal setting of advisory proceedings before the Court? How and why did states supporting either Kosovo or Serbia choose to frame their arguments? How did the Court perceive them? What did the Court want to achieve, and did it succeed in doing so? And how was the opinion received, and what broader implications did it have so far? These are the questions that the book hopes to shed some light on. To do so, the editors assembled a stellar cast of contributors, many of whom acted as counsel or advisors in the case, as well a number of eminent scholars of politics and international relations whose pieces further enrich the book and give it an interdisciplinary angle. The book thus tells the story of the case, places it within its broader political context, and so attempts to advance our understanding of how such cases are initiated, litigated and decided, and what broader purposes they may or may not serve.
What role do human rights play in the development of regional organizations? What human rights obligations do states assume upon joining regional bodies? This work is the first text of its kind devoted to the European, Inter-American and African systems for the protection of human rights. It illustrates how international human rights law is interpreted and implemented across international organizations and offers examples of political, economic, social problems and legal issues to emphasize the significant impact of international human rights law institutions on the constitutions, law, policies, and societies of different regions. Regional Protection of Human Rights provides readers with access to the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions. The jurisprudence of the European and Inter-American Courts and decisions of the Inter-American and African Commissions are emphasized, including decisions on the interpretation and application of various human rights, procedural requirements and remedies. Prospects for regional systems in the Middle East and Asia are also discussed. The relevant basic texts are reproduced in a documentary supplement. In addition to serving as a text for courses on human rights law, the book will be useful for courses in international law, international relations, and political science. It is also be a helpful resource for lawyers and policy-makers concerned with the protection of human rights.
As Israel's control of the Occupied Palestinian Territory nears its fiftieth anniversary, The Writing on the Wall offers a critical perspective on the international law of occupation. Advocating a normative and functional approach to occupation and to the question of when it exists, it analyzes the application of humanitarian and human rights law, pointing to the risk of using the law of occupation in its current version to legitimize new variations of conquest and colonialism. The book points to the need for reconsidering the law of occupation in light of changing forms of control, such as those evident in Gaza. Although the Israeli occupation is a main focal point, the book broadens its compass to look at other cases, such as Iraq, Northern Cyprus, and Western Sahara, highlighting the role that international law plays in all of these cases.
This seminar examines the tax effects in a particular jurisdiction of reorganizations taking place in another jurisdiction. The covered reorganizations include mergers, divisions or splits, but also change of legal form (for example, partnership into a company) and transfer of the corporate seat. The seminar focuses on the following: effects in the source state of reorganizations made in the residence state; effects in the residence state of reorganizations made in the source state; impact of EC tax directives on dividends and cross-border reorganizations; and treaty issues.
Antarctica, the last great wilderness on earth, is a continent of extremes. It is the coldest, highest, driest, windiest, remotest, most desolate place on the planet. Yet despite these profoundly forbidding characteristics the Antarctic commons has attracted increasing political, economic, and diplomatic attention in recent years. This interest has been stimulated by the tremendous bounty of living marine resources, concern over ozone depletion and environmental degradation, and exaggerated public speculation about the potential of exploiting mineral wealth, especially hydrocarbons, on and around the continent. Governing the Frozen Commons examines the Antarctic Treaty System as a complex legal regime for managing resource activities in the Antarctic and assesses what innovative legal arrangements might be needed to regulate future political and economic developments there. In this study, Christopher C. Joyner analyzes a number of critical considerations affecting the circumpolar south, including the status of Antarctica as a global commons; the legal regime currently in place for managing Antarctic affairs; the legal, economic, and political implications of applying a common heritage of mankind regime to the Antarctic; the viability of the legal regimes now established for resource management, conservation, environmental protection, and scientific investigation in the Antarctic; and the prospect that Antarctica might be considered a world park.
Human activities have taken place in the world's oceans for most of human history. With the oceans being used for trade, being exploited for fisheries and mineral resources extraction, and becoming the focal point for security crises, the legal regime regulating the rights and responsibilities of nations in their use of the world's oceans has long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by thirty nine expert contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. It is an invaluable and thought-provoking resource for scholar, students, and practitioners of the law of the sea.
This book provides a user-friendly and practical guide to the modern law of maritime boundary delimitation. The law of maritime boundaries has seen substantial evolution in recent decades. The book provides a comprehensive overview of the law in this field, and its development through the United Nations Convention on the Law of the Sea, which set out the framework of the modern law in 1982. The Convention itself has since been substantially built upon and clarified by a series of judicial and arbitral decisions in boundary disputes between sovereign states, which themselves also built upon earlier case law. The book dissects each of the leading international judgments and awards since the North Sea Continental Shelf Cases in 1969, providing a full analysis of the issues and context in each case, explaining their fundamental importance to shaping the law. The book provides over forty clear technical illustrations prepared by Robin Cleverly, one of the leading technical experts in international dispute resolution, to carefully demonstrate the key issues at stake in this complex area of law. Technological developments in the exploitation of maritime natural resources (including oil and gas) have provided a significant impetus for recent boundary disputes, as they have made the resources found in remote areas of the ocean and seabed more accessible. However, these resources cannot effectively be exploited at the moment, as hundreds of maritime boundaries worldwide remain undelimited. The book therefore complements the legal considerations raised with substantial technical input. It also identifies key issues in maritime delimitation which have yet to be resolved, and sets out the possible future direction the law may take in resolving them. It will be an unique and valuable resource for lawyers involved in cases involving maritime delimitation, and scholars and students of the law of the sea.
Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.
The values of freedom and equality are at the heart of what it means for liberal states to do justice to their citizens. Yet, when it comes to the question of whether liberal states are capable of realizing the values of freedom and equality while controlling their borders, many philosophers are skeptical that liberalism and existing immigration arrangements can in fact be reconciled. After all, liberal states often deny entrance to prospective immigrants who are fleeing extreme forms of violence. They also often police their borders in ways that are discriminatory and stigmatizing, contributing to a situation where immigrants are treated as morally inferior by society at large. Such practices conflict strongly with any commitment to the values of freedom and equality. Luara Ferracioli here focuses on three key questions regarding the movement of persons across international borders: What gives some residents of a liberal society a right to be considered citizens of that society such that they have a claim to make decisions with regard to its political future? And do citizens of a liberal society have a prima facie right to exclude prospective immigrants despite their commitment to the values of freedom and equality? Finally, if citizens have this prima facie right to exclude prospective immigrants, are there moral requirements regarding how they may exercise it? The book therefore tackles the most pressing philosophical questions that arise from immigration: the questions of who can exercise self-determination, and why they have such a right in the first place.
The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the number of methodological approaches used to describe them. Many violent encounters are well known. The Kosovo Crisis in 1999 and the US-led invasion of Iraq in 2003 spring easily to the minds of most scholars and academics, and gain extensive coverage in this text. Other conflicts, including the Belgian operation in Stanleyville, and the Ethiopian Intervention in Somalia, are often overlooked to our peril. Ruys and Corten's expert-written text compares over sixty different instances of the use of cross border force since the adoption of the UN Charter in 1945, from all out warfare to hostile encounters between individual units, targeted killings, and hostage rescue operations, to ask a complex question. How much authority does the power of precedent really have in the law of the use of force? |
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