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Sovereignty and jurisdiction are legal doctrines of a complex
nature, which have been subject to differing interpretations by
scholars in legal literature. The tridimensionality of state
territory recognised under customary international law subsists
until the present but there are other territories that do not or
cannot belong to any state or political entity which also must be
accounted for in legal theory. The issues surrounding sovereignty
and jurisdiction are likely to become ever more pressing as
globalisation, growing pressure on resources and the need for
energy and national security become acute, and the resolution of
special delimitation disputes seems likely to become a vital
question in the twenty-first century. As a result of the fast pace
of technological developments in air and space activities and the
massive increases in air transportation , satellite communications
and space exploration, the need for scholars and practitioners to
sharpen their appreciation of the legal and political issues
becomes crucial. This book will focus primarily on the issues of
sovereignty jurisdiction and control in airspace and outer space
and their effects on public and private activities, but it will
also look at related issues pertaining to the Seas and Antarctica.
Commercial exploitation, resource control and the international
regime regulating contractual obligations in relation to
transportation of goods and services over all forms of territory
will be examined to the extent that they are necessary to explain
jurisdictional rights and duties over territory. Older problems of
international law such as crimes in the air and airspace trespass
are treated along with newer developments such as space tourism as
well as growing demand for private ownership and involvement in
outer space exploitation. The book goes on to consider the
distinction between airspace and outer space and puts forward legal
criteria which would allow for the resolution of the spatial
delimitation dispute. These criteria would determine where in
spatial terms the exclusive sovereignty of airspace ends and where
outer space - the province of all mankind - begins, and contribute
to the jurisprudence of territorial sovereignty and jurisdiction.
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.
Sovereignty and jurisdiction are legal doctrines of a complex
nature, which have been subject to differing interpretations by
scholars in legal literature. The tridimensionality of state
territory recognised under customary international law subsists
until the present but there are other territories that do not or
cannot belong to any state or political entity which also must be
accounted for in legal theory. The issues surrounding sovereignty
and jurisdiction are likely to become ever more pressing as
globalisation, growing pressure on resources and the need for
energy and national security become acute, and the resolution of
special delimitation disputes seems likely to become a vital
question in the twenty-first century. As a result of the fast pace
of technological developments in air and space activities and the
massive increases in air transportation , satellite communications
and space exploration, the need for scholars and practitioners to
sharpen their appreciation of the legal and political issues
becomes crucial. This book will focus primarily on the issues of
sovereignty jurisdiction and control in airspace and outer space
and their effects on public and private activities, but it will
also look at related issues pertaining to the Seas and Antarctica.
Commercial exploitation, resource control and the international
regime regulating contractual obligations in relation to
transportation of goods and services over all forms of territory
will be examined to the extent that they are necessary to explain
jurisdictional rights and duties over territory. Older problems of
international law such as crimes in the air and airspace trespass
are treated along with newer developments such as space tourism as
well as growing demand for private ownership and involvement in
outer space exploitation. The book goes on to consider the
distinction between airspace and outer space and puts forward legal
criteria which would allow for the resolution of the s
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.
The author traces the problems and developments of the
International Court of Justice since its inception in 1945, when
the UN charter was signed. He offers a brief history of the court
and its antecedent, the Permanent Court of Justice, and the
practical application of the rules and statutes of the
International Court of Justice. There are individual chapters on:
international disputes; the contentious jurisdiction of the ICJ;
the problem of reservations to the court's jurisdiction under the
optional clause; the advisory jurisdiction of the world court, a
statistical evaluation of the court's work in its first fifty
years; an overview of the court's jurisprdence; and problems of the
court and alternative futures.
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