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 polar regions (the Arctic and Antarctic) have enjoyed widespread public attention in recent years, as issues of conservation, sustainability, resource speculation and geopolitical manoeuvring have all garnered considerable international media interest. This critical collection of new and original papers - the first of its kind - offers a comprehensive exploration of these and other topics, consolidating the emergent field of polar geopolitics. The expert international contributors to this volume offer a range of insightful comparative, interdisciplinary and global perspectives on polar issues. Key topics discussed include resource extraction, regime formation, knowledge construction, border issues, governance and treaties, and indigenous livelihoods. Contributions from scholars of history, geography, political science, anthropology and international law make this a truly comprehensive take on the current state and future prospects of both the polar regions and polar geopolitics as a distinct discipline. Students and professors of geopolitics, political science and geography - especially those with an interest in the polar regions - will find much of value in this book s concrete expression of a new and fascinating field.

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.

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 offers a detailed account of the legal issues concerning the British Indian Ocean Territory (Chagos Islands) by leading experts in the field. It examines the broader significance of the ongoing Bancoult litigation in the UK Courts, the Chagos Islanders' petition to the European Court of Human Rights and Mauritius' successful challenge, under the UN Convention of the Law of the Sea, to the UK government's creation of a Marine Protected Area around the Chagos Archipelago. This book, produced in response to the 50th anniversary of the BIOT's founding, also assesses the impact of the decisions taken in respect of the Territory against a wider background of decolonization while addressing important questions about the lawfulness of maintaining Overseas Territories in the post-colonial era.The chapter 'Anachronistic As Colonial Remnants May Be...' - Locating the Rights of the Chagos Islanders As A Case Study of the Operation of Human Rights Law in Colonial Territories is open access under a CC BY 4.0 license via link.springer.com.

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.

"Beyond Occupation" looks at three contentious terms that regularly arise in contemporary arguments about Israel's practices towards Palestinians in the occupied territories - occupation, colonialism and apartheid - and considers whether their meanings in international law truly apply to Israel's policies. This analysis is timely and urgent - colonialism and apartheid are serious breaches of human rights law and apartheid is a crime against humanity under the Rome Statute of the International Criminal Court.
The contributors present conclusive evidence that Israel's administration of the Palestinian territories is consistent with colonialism and apartheid, as these regimes are defined in human rights law. Their analysis further shows that these practices are deliberate Israeli state policies, imposed on the Palestinian civilian population under military occupation.
These findings raise serious implications for the legality and legitimacy of Israel's continuing occupation of the Palestinian territories and the responsibility of the entire international community to challenge practices considered contrary to fundamental values of the international legal order.

This book deals with the international law concerning overseas territories and the right of such territories to choose another relationship with their mother country. Many examples are studied, such as the British, French, American, Danish and New Zealand territories. May such islands choose to become independent, or to become an integral part of the mother country? Do they have the freedom to determine their own political status, to act on the international scene? The case of the Dutch territories in the Caribbean is dealt with in more detail, specifically their constitutional relationship to the Netherlands and the European Union. Through comparison of the different solutions that other states have chosen, a number of best practices are identified

This book focuses on sovereignty referendums, which have been used throughout different historical periods of democratization, decolonization, devolution, secession and state creation. Referendums on questions of sovereignty and self-determination have been a significant element of the international political and legal landscape since the French Revolution, and have been a central element in the resolution of territorial issues from the referendum in Avignon in 1791 until today. More recent examples include Quebec, East Timor, New Caledonia, Puerto Rico and South Sudan. The global aim of this book is to achieve a better empirical and legal understanding of sovereignty referendums and related problems in international and national law and politics. Accordingly, it presents readers a comprehensive study of sovereignty referendums from the perspectives of both international and constitutional law.

This book offers a comprehensive, highly informative and interdisciplinary study on territorial integrity and the challenges globalization, self-determination and external interventions present. This study aims at not only to fill an epistemological gap in this regard, but also answer the question of whether International Law is adequately equipped to help states address these challenges. The author argues that the biggest threat that many states are confronted with today is their disintegration rather than their obsolescence, and that International Law has not often been able to prevent that eventuality. In fact, states, when they were not destroyed by war, managed to survive, thanks to the flexibility of territoriality, i.e. their ability to adjust to difficult situations as they arose. It is this understanding of adaptation that urges an increasing number of states today to revive territorial autonomy and restore an original understanding of self-determination in which democracy is a pivotal factor in establishing congruence between the states and their nations. While this move is endorsed by International Law, it is not the case for globalization; for their own sake, proponents of globalization should recognize that the states are irreplaceable as long as they remain the sole providers of protection for their peoples.

Post-2002 events at the U.S. naval facility at Guantanamo Bay have generated a spate of books on its use as a detention center in the U.S. fight against terrorism. Yet the crucial enabling factor-the lease that gave the U.S. control over the territory in Cuba-has till now escaped any but cursory consideration. T"he Leasing of Guantanamo Bay" explains just how Guantanamo Bay came to be a leased territory where the U.S. has no sovereignty and Cuba has no jurisdiction. This is the first definitive account of the details and workings of the unusual and problematic state-to-state leasing arrangement that is the essential but murky foundation for all the ongoing controversies about Guantanamo Bay's role in U.S. anti-terrorism efforts, charges of U.S. human rights violations, and U.S.-Cuban relations.

"The Leasing of Guantanamo Bay" provides an overview of territorial leasing between states and shows how it challenges, compromises, and complicates established notions of sovereignty and jurisdiction. Strauss unfolds the history of the Guantanamo Bay, recounting how the U.S. has deviated widely from the original terms of the lease yet never been legally challenged by Cuba, owing to the strong state-weak state dynamics. The lease is a hodge-podge of three U.S.-Cuba agreements full of discrepancies and uncorrected errors. Cuba's failure to cash the annual rent checks of the U.S. has legal implications not only for the future of Guantanamo Bay but of the Westphalian system of states. Compiled for the first time in one place are the verbatim texts of all the key documents relevant to the Guantanamo Bay lease-including treaties and other agreements, a previously unpublished U.N. legal assessment, and once-classified government correspondence.

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.

The South China Sea Disputes: Flashpoints, Turning Points and Trajectories focuses on the currently much-debated theme of the South China Sea disputes - one of the hottest international disputes of the 21st century which can easily turn from a brewing flashpoint into a regional conflict with global repercussions. Through a compilation of commentaries published by the S. Rajaratnam School of International Studies from 2012 to much of 2016, the book attempts to reflect the evolution of the disputes in recent years through what can be seen as turning points and trajectories in the diplomatic tensions. The book is divided into four sections, taking off from a key diplomatic or related incident/development which can be seen as a turning point for each, with the concluding section looking at what lies ahead for Southeast Asia and the larger Asia-Pacific region, amidst the uncertainties triggered by the South China Sea imbroglio.Among the contributors: Arif Havas Oegroseno, BA Hamzah, Barry Desker, Bill Hayton, David Rosenberg, Donald K. Emmerson, Ellen Frost, Hasjim Djalal, Ian Townsend-Gault, Joseph CY Liow, Kwa Chong Guan, Li Mingjiang, Li Jian Wei, Li Dexia, Marvin Ott, Mushahid Ali, Muthiah Alagappa, Nguyen Hung Son, Nguyen Thi Lan Anh, Phoak Kung, Ralf Emmers, Rene L. Pattiradjawane, Raul (Pete) Pedrozo, Richard Javad Heydarian, Robert C. Beckman, Shashi Jayakumar, Victor Savage, Yang Razali Kassim, Zha Daojiong.

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.

Africa has experienced a number of territorial disputes over land and maritime boundaries, due in part to its colonial and post-colonial history. This book explores the legal, political, and historical nature of disputes over territory in the African continent, and critiques the content and application of contemporary International law to the resolution of African territorial and border disputes. Drawing on central concepts of public international law such as sovereignty and jurisdiction, and socio-political concepts such as colonialism, ethnicity, nationality and self-determination, this book interrogates the intimate connection that peoples and nations have to territory and the severe disputes these may lead to. Gbenga Oduntan identifies the major principles of law at play in relation to territorial, and boundary disputes, and argues that the predominant use of foreign based adjudicatory mechanisms in attempting to deal with African boundary disputes alienates those institutions and mechanisms from African people and can contribute to the recurrence of conflicts and disputes in and among African territories. He suggests that the understanding and application of multidisciplinary dispute resolution mechanisms and strategies can allow for a more holistic and effective treatment of boundary disputes. As an in depth study into the legal, socio-political and anthropological mechanisms involved in the understanding of territorial boundaries, and a unique synthesis of an African jurisprudence of international boundaries law, this book will be of great use and interest to students, researchers, and practitioners in African and Public International Law, International Relations, and decision-makers in need of better understanding the settlement of disputes over territorial boundaries in both Africa and the wider world.

Drawing on a postcolonial legal history of the United States' territorial expansionism, this book provides an analysis of the foundations of its global empire. Charles R. Venator-Santiago argues that the United States has developed three traditions of territorial expansionism with corresponding constitutional interpretations, namely colonialist, imperialist, and global expansionist. This book offers an alternative interpretation of the origins of US global expansion, suggesting it began with the tradition of territorial expansionism following the 1898 Spanish-American War to legitimate the annexation of Puerto Rico and other non-contiguous territories. The relating constitutional interpretation grew out of the 1901 Insular Cases in which the Supreme Court coined the notion of an unincorporated territory to describe the 1900 Foraker Act's normalization of the prevailing military territorial policies. Since then the United States has invoked the ensuing precedents to legitimate a wide array of global policies, including the 'war on terror'. Puerto Rico and the Origins of US Global Empire: The Disembodied Shade combines a unique study of Puerto Rican legal history with a new interpretation of contemporary US policy. As such, it provides a valuable resource for students and scholars of the legal and historical disciplines, especially those with a specific interest in American and postcolonial studies.

Law lies at the roots of the Palestinian-Israeli conflict. Jews sought a national home by 'Public Law' while Palestinians reject the project as illegal. Britain, the League of Nations and the United Nations all mobilised international law to justify their interventions. After the 1967 war, Israel organised an occupation with excessive legalism that most of the world viewed, in fact, as illegal. Partitioning Palestine focuses on three key moments in the Palestinian-Israeli conflict: the League of Nations Mandate, the United Nations partition plan and the Oslo agreements. None of these documents are neutral but, rather, encode a variety of meanings. The book traces the way in which these legal narratives have both shaped national identity and sharpened the conflict. In this pioneering text, John Strawson argues that a committed attachment to the belief in legal justice has hampered the search for a settlement. Law, far from offering conflict resolution, has reinforced the trenches from which Palestinians and Israelis confront one another.

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.

Drawing on a postcolonial legal history of the United States' territorial expansionism, this book provides an analysis of the foundations of its global empire. Charles R. Venator-Santiago argues that the United States has developed three traditions of territorial expansionism with corresponding constitutional interpretations, namely colonialist, imperialist, and global expansionist. This book offers an alternative interpretation of the origins of US global expansion, suggesting it began with the tradition of territorial expansionism following the 1898 Spanish-American War to legitimate the annexation of Puerto Rico and other non-contiguous territories. The relating constitutional interpretation grew out of the 1901 Insular Cases in which the Supreme Court coined the notion of an unincorporated territory to describe the 1900 Foraker Act's normalization of the prevailing military territorial policies. Since then the United States has invoked the ensuing precedents to legitimate a wide array of global policies, including the 'war on terror'. Puerto Rico and the Origins of US Global Empire: The Disembodied Shade combines a unique study of Puerto Rican legal history with a new interpretation of contemporary US policy. As such, it provides a valuable resource for students and scholars of the legal and historical disciplines, especially those with a specific interest in American and postcolonial studies.

This book examines the post-Cold War challenges facing Antarctic governance. It seeks to understand the interests of new players in Antarctic affairs such as China, India, Korea and Malaysia, and how other key players such as Russia and the USA or claimant states such as New Zealand or France are coping in the new global order. Antarctica is the world's fifth largest continent and its territories are claimed by seven different states. Since 1961 Antarctica has been managed under the Antarctic Treaty System (ATS), a regime which, according to its critics, by the terms of its membership effectively excludes most of the nations of the world. This book examines the post-Cold War challenges facing Antarctic governance, and is organized thematically into three sections: Part 1 considers the role of Antarctic politics in the current post-Cold War, post-colonial era and the impact this new political environment is having on the ATS. Part 2 looks at the competing foreign policy objectives of a representative range of countries with Antarctic activities. Part 3 examines issues that have the potential to destabilise the order of the Antarctic Treaty System, such as unrestricted tourism and new advances in science and technology. The Emerging Politics of Antarctica will be of interest to students and scholars of international politics, polar studies and foreign policy studies.

Among the examples of civil wars, armed secessionist movements and minority uprisings in the world today, many involve conflict between a minority group's aim for political self-determination, and the nation state's resistance to any diminution of sovereignty. With the expansion of the international regime of human rights, minority groups have reconceptualised their struggle with the understanding that a minority which is linguistically, religiously or ethnically distinctive is entitled to self-determination if their aspirations cannot be met. This book explores the relationship between minority rights, self-determination and secession within international law, by contextualising these issues in a detailed case study of the rise of Tamil separatism in Sri Lanka. Welhengama and Pillay show how Tamil communalism hardened into secession and assess whether the Sri Lankan government has met its obligations with respect to the right to self-determination short of secession. Focusing on the legal and human rights arguments for secession by the Tamil community of the North and East of Sri Lanka, the book demonstrates how the language of international law and international human rights played a major role in the development of the arguments for secession. Through a close examination of the case of the Tamil's secessionist movement the book presents valuable insights into why modern nation states find themselves threatened by separatist claims and bids for independence based on ethnicity.

The current jurisdictional status of the Mediterranean Sea is remarkable. Nearly 50 per cent of the Mediterranean waters are high seas and therefore beyond the jurisdiction of coastal States. This situation means that there are no points in the Mediterranean Sea where the coasts of two States would be more than 400 nautical miles apart. Such a legal situation generally prevents coastal States from adopting and enforcing their laws on the Mediterranean high seas, in respect of many important fields such as the protection and preservation of the marine environment, as well as the conservation of marine living resources. The jurisdictional landscape of the Adriatic Sea as a sub-sea and sub-region of the Mediterranean, is even more interesting. Croatia has proclaimed an Ecological and Fisheries Protection Zone, Slovenia has proclaimed a Zone of Ecological Protection, while Italy has adopted a framework law for the proclamation of its Zone of Ecological Protection without proclaiming its regime in the Adriatic. It is noteworthy that if all Mediterranean and Adriatic States would proclaim an Exclusive Economic Zone (EEZ), there would not be a single stretch of high seas left in the entire Mediterranean Sea. Both the Adriatic and Mediterranean fall in the category of enclosed or semi-enclosed seas regulated by Part IX of the United Nations Convention on the Law of the Sea (UNCLOS). This book assesses the legal nature of Part IX of UNCLOS and discusses potential benefits of the extension of coastal State jurisdiction (proclamation of EEZs and/or similar sui generis zones), particularly in light of the recent calls towards an integrated and holistic approach to the management of different activities in the Mediterranean Sea. It examines the actual or potential extension of coastal State jurisdiction in the Adriatic Sea, against the background of similar extensions elsewhere in the Mediterranean and against the background of relevant EU policies. It additionally explores whether Part IX of UNCLOS imposes any duties of cooperation in relation to the extension of coastal State jurisdiction in enclosed or semi-enclosed seas, and puts forward practical suggestions as to how the issue of extension of coastal State jurisdiction could be approached in a way which would enhance States existing cooperation and improve the overall governance in the Mediterranean and Adriatic seas. This book will be of interest to policymakers and academics and students of international law, and the law of the sea.

This book discusses the increasing tendency in certain government quarters to incorporate struggles by peoples for their self-determination into the wider anti-terrorist agenda of the post-9/11 era. This tendency distorts the laws of armed conflict and of peace alike. As inter-state anti-terrorist co-operation becomes more extensive, the transaction costs of international peace and security between states increase. Modes of domestic state governance are left increasingly to the vagaries of inter-state non-interference in the domestic affairs of each other. The 'war on terror' and an increasingly strict, domestic state law-and-order approach to silence political opponents increases the dangers for civilians, eliminates rights, and generates suspect communities. At the same time, public institutions and private corporations are harnessed into the mechanics of a broad project of prevention and control. Distinctively, the book considers the impact of the recent 'war on terror' on the politics of the self-determination of peoples. It draws together issues related to governmental forceful action, an increasing intolerance towards non-state violent acts, the content of international and regional codifications, expansions in state discretion, the encroachment of surveillance powers, and the interaction and overlap between intelligence and law enforcement agencies. Self-Determination in the Post-9/11 Era will be of interest to students and scholars of public international law, criminology, comparative criminal justice, terrorism and national security, politics, international relations, human rights, governance and public policy.

This book examines the post-Cold War challenges facing Antarctic governance. It seeks to understand the interests of new players in Antarctic affairs such as China, India, Korea and Malaysia, and how other key players such as Russia and the USA or claimant states such as New Zealand or France are coping in the new global order. Antarctica is the world's fifth largest continent and its territories are claimed by seven different states. Since 1961 Antarctica has been managed under the Antarctic Treaty System (ATS), a regime which, according to its critics, by the terms of its membership effectively excludes most of the nations of the world. This book examines the post-Cold War challenges facing Antarctic governance, and is organized thematically into three sections: Part 1 considers the role of Antarctic politics in the current post-Cold War, post-colonial era and the impact this new political environment is having on the ATS. Part 2 looks at the competing foreign policy objectives of a representative range of countries with Antarctic activities. Part 3 examines issues that have the potential to destabilise the order of the Antarctic Treaty System, such as unrestricted tourism and new advances in science and technology. The Emerging Politics of Antarctica will be of interest to students and scholars of international politics, polar studies and foreign policy studies.