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.

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. -- .

In Legislating International Organization, Kathryn Lavelle argues against the commonly-held idea that key international organizations are entities unto themselves, immune from the influence and pressures of individual states' domestic policies. Covering the history of the IMF and World Bank from their origins, she shows that domestic political constituencies in advanced industrial states have always been important drivers of international financial institution policy. Lavelle focuses in particular on the U.S. Congress, tracing its long history of involvement with these institutions and showing how it wields significant influence. Drawing from archival research and interviews with members and staff, Lavelle shows that Congress is not particularly hostile to the multilateralism inherent in the IMF and World Bank, and has championed them at several key historical junctures. Congress is not uniformly supportive of these institutions, however. As Lavelle illustrates, it is more defensive of its constitutionally designated powers and more open to competing interest group concerns than legislatures in other advanced industrial states. Legislating International Organization will reshape how we think about how the U.S. Congress interacts with international institutions and more broadly about the relationship of domestic politics to global governance throughout the world. This is especially relevant given the impact of 2008 financial crisis, which has made the issue of multilateralism in American politics more important than ever.

This is a manual of law and practice relating to the 14 remaining British overseas territories: Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn Islands; St Helena, Ascension and Tristan da Cunha; South Georgia and South Sandwich Islands; Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus; Turks and Caicos Islands; and Virgin Islands. Most, if not all, of these territories are likely to remain British for the foreseeable future, and many have agreed modern constitutional arrangements with the British Government. This book provides a comprehensive description of the main elements of their governance in law and practice, and of the constitutional and international status of the territories. This long-awaited second edition provides a comprehensive update on the law governing overseas territories. It reflects the post-Brexit landscape, and covers the Extradition Act 2003 (Overseas Territories) Order 2016 and the Emergency Powers (Overseas Territories) Order 2017. In addition, it explores case law developments from Chagos Islanders v The United Kingdom to the Mauritius case concerning British Overseas Territory waters.

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.

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?

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.

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. -- .

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 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.

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.

Gas transit is network-dependent and it cannot be established without the existence of pipeline infrastructure in the territory of a transit state or the ability to access this infrastructure. Nevertheless, at an inter-regional level, there are no sufficient pipeline networks allowing gas to travel freely from a supplier to the most lucrative markets. The existing networks are often operated by either private or state-controlled vertically integrated monopolies who are often reluctant to release unused pipeline capacity to their potential competitors. These obstacles to gas transit can diminish the gains from trade for states endowed with natural gas resources, including developing landlocked countries, as well as undermine WTO Members' energy security and their attempts at sustainable development. This book explains how the WTO could play a more prominent role in the international regulation of gas transit and promote the development of an international gas market.

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.

The One-China Policy: State, Sovereignty, and Taiwan's International Legal Status examines the issue from the perspective of international law, also suggesting a peaceful solution. The book presents two related parts, with the first detailing the concept of the State, the theory of sovereignty, and their relations with international law. The second part of the work analyzes the political status of the Republic of China in Taiwan and the legal status of the island of Taiwan in international law. Written by a leading international expert in international law, this book provides approaches and answers to the question of Taiwan and the One-China policy.

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.

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.

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.

"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.

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.