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As a conflict ends and the parties begin working towards a durable
peace, practitioners and peacebuilders are faced with the
possibilities and challenges of building new or reformed political,
security, judicial, social, and economic structures. This Handbook
analyzes these elements of post-conflict state building through the
lens of international law, which provides a framework through which
the authors contextualize and examine the many facets of state
building in relation to the legal norms, processes, and procedures
that guide such efforts across the globe. The volume aims to
provide not only an introduction to and explanation of prominent
topics in state building, but also a perceptive analysis that
augments ongoing conversations among researchers, lawyers, and
advocates engaged in the field. The Research Handbook on
Post-Conflict State Building provides keen insights for faculty,
graduate and undergraduate students in programs related to peace
and conflict, governance, and international justice and law.
Practitioners such as United Nations staff, government officials,
international institution and think tanks engaged in post-conflict
state building will glean important lessons and guidance from the
Handbook's chapters. Contributors include: T. Beckelman, S.-T.
Bounfour, M.J. Day, M. de Hoon, Y.M. Dutton, R. Friedrich, C.M.
Goebel, S.L. Hodgkinson, D.E.W. Johnson, R. Kraemer, C.D.
Kreutzner, J.C. Levy, A.C. Mann, B. McGonigle Leyh, N. Narayan, S.
Pearlman, F.J. Pecci, R.M. Perito, D.J. Planty, B. Popken, M.
Sterio, J. Trahan, G. Visoka, P.R. Williams, J.P. Worboys
Secession in International Law argues that the effective
development of criteria on secession is a necessity in today?'s
world, because secessionist struggles can be analyzed through the
legal lens only if we have specific legal rules to apply. Without
legal rules, secessionist struggles are dominated by politics and
sui generis approaches, which validate secessionist attempts based
on geo-politics and regional states?' self-interest, as opposed to
the law. By using a truly comparative approach, Milena Sterio has
developed a normative international law framework on secession,
which focuses on several factors to assess the legitimacy of a
separatist quest. By comparing and contrasting various situations
and cases of self-determination leading toward secession in
different parts of the world, including the recent cases of
Scotland, Crimea, and Catalonia, this book serves as an
illuminating illustration of past and attempted secessions. Sterio
approaches her novel framework with the goal of reconciling the
international law norm of territorial integrity with the right to
external self-determination, proposing specific and useable
guidelines. This unique book will appeal not only to academic
audiences, but to state actors, politicians, government members and
policy makers as well.
This book will be the first to consider the problem of juvenile
piracy suspects under international law and in domestic legal
systems.
This book proposes a novel theory of self-determination; the Rule
of the Great Powers. This book argues that traditional legal norms
on self-determination have failed to explain and account for recent
results of secessionist self-determination struggles. While
secessionist groups like the East Timorese, the Kosovar Albanians
and the South Sudanese have been successful in their quests for
independent statehood, other similarly situated groups have been
relegated to an at times violent existence within their mother
states. Thus, Chechens still live without significant autonomy
within Russia, and the South Ossetians and the Abkhaz have seen
their conflicts frozen because of the peculiar geo-political
equilibrium of power within the Caucuses region. The Rule of the
Great Powers, which asserts that only those self-determination
seeking entities which enjoy the support of the majority of the
most powerful states (the Great Powers) will ultimately have their
rights to self-determination fulfilled. The Great Powers, potent
military, economic and political powerhouses such as the United
States, China, Russia, Japan, the United Kingdom, France, Germany,
and Italy, often dictate self-determination outcomes through their
influence in global affairs. Issues of self-determination in the
modern world can no longer be effectively resolved through the
application of traditional legal rules; rather, resort must be had
to novel theories, such as the Rule of the Great Powers. This book
will be of particular interest to academics and students of law,
political science and international relations.
This book proposes a novel theory of self-determination; the Rule
of the Great Powers. This book argues that traditional legal norms
on self-determination have failed to explain and account for recent
results of secessionist self-determination struggles. While
secessionist groups like the East Timorese, the Kosovar Albanians
and the South Sudanese have been successful in their quests for
independent statehood, other similarly situated groups have been
relegated to an at times violent existence within their mother
states. Thus, Chechens still live without significant autonomy
within Russia, and the South Ossetians and the Abkhaz have seen
their conflicts frozen because of the peculiar geo-political
equilibrium of power within the Caucuses region. The Rule of the
Great Powers, which asserts that only those self-determination
seeking entities which enjoy the support of the majority of the
most powerful states (the Great Powers) will ultimately have their
rights to self-determination fulfilled. The Great Powers, potent
military, economic and political powerhouses such as the United
States, China, Russia, Japan, the United Kingdom, France, Germany,
and Italy, often dictate self-determination outcomes through their
influence in global affairs. Issues of self-determination in the
modern world can no longer be effectively resolved through the
application of traditional legal rules; rather, resort must be had
to novel theories, such as the Rule of the Great Powers. This book
will be of particular interest to academics and students of law,
political science and international relations.
This book addresses maritime piracy by focusing on the unique and
fascinating issues arising in the course of domestic piracy
prosecutions, from the pursuit and apprehension of pirates to their
trial and imprisonment. It examines novel matters not addressed in
other published works, such as the challenges in preserving and
presenting evidence in piracy trials, the rights of pirate
defendants, and contending with alleged pirates who are juveniles.
A more thorough understanding of modern piracy trials and the
precedent they have established is critical to scholars,
practitioners, and the broader community interested in
counter-piracy efforts, as these prosecutions are likely to be the
primary judicial mechanism to contend with pirate activity going
forward.
Written as the decade-long Syria conflict nears an end, this is the
first book-length treatment of how the Syrian war has changed
international law. In The Syrian Conflict's Impact on International
Law, the authors explain the history of the current conflict in
Syria and discuss the principles and process of customary
international law formation and the phenomenon of accelerated
formation of customary international law known as Grotian Moments.
They then explore specific examples, including how use of force
against ISIS in Syria has changed the law of self-defense against
non-state actors, how the allied airstrikes in response to Syria's
use of chemical weapons have changed the law of humanitarian
intervention, and others. This book seeks to contribute both to
understanding the concept of accelerated formation of customary
international law and the specific ways the Syria conflict has led
to development of new norms and principles in several areas of
international law.
In the post-Nuremberg era two of the most important developments in
international criminal law are the International Criminal Tribunal
for Yugoslavia (ICTY) and the International Criminal Tribunal for
Rwanda (ICTR). Created through UN Security Council resolutions,
with specific mandates to prosecute those responsible for serious
violations of international humanitarian law, the ICTY and the ICTR
played crucial roles in the development of international criminal
law. Through a series of chapters written by leading authorities in
the field, The Legacy of Ad Hoc Tribunals in International Criminal
Law addresses the history of the ICTY and the ICTR, and the
important aspects of the tribunals' accomplishments. From examining
the groundwork laid by the ICTY and the ICTR for greater
international attention to crimes against humanity to the
establishment of the International Criminal Courts, this volume
provides a comprehensive overview of the impact and lasting roles
of these tribunals.
In the post-Nuremberg era two of the most important developments in
international criminal law are the International Criminal Tribunal
for Yugoslavia (ICTY) and the International Criminal Tribunal for
Rwanda (ICTR). Created through UN Security Council resolutions,
with specific mandates to prosecute those responsible for serious
violations of international humanitarian law, the ICTY and the ICTR
played crucial roles in the development of international criminal
law. Through a series of chapters written by leading authorities in
the field, The Legacy of Ad Hoc Tribunals in International Criminal
Law addresses the history of the ICTY and the ICTR, and the
important aspects of the tribunals' accomplishments. From examining
the groundwork laid by the ICTY and the ICTR for greater
international attention to crimes against humanity to the
establishment of the International Criminal Courts, this volume
provides a comprehensive overview of the impact and lasting roles
of these tribunals.
Written as the decade-long Syria conflict nears an end, this is the
first book-length treatment of how the Syrian war has changed
international law. In The Syrian Conflict's Impact on International
Law, the authors explain the history of the current conflict in
Syria and discuss the principles and process of customary
international law formation and the phenomenon of accelerated
formation of customary international law known as Grotian Moments.
They then explore specific examples, including how use of force
against ISIS in Syria has changed the law of self-defense against
non-state actors, how the allied airstrikes in response to Syria's
use of chemical weapons have changed the law of humanitarian
intervention, and others. This book seeks to contribute both to
understanding the concept of accelerated formation of customary
international law and the specific ways the Syria conflict has led
to development of new norms and principles in several areas of
international law.
This book addresses maritime piracy by focusing on the unique and
fascinating issues arising in the course of domestic piracy
prosecutions, from the pursuit and apprehension of pirates to their
trial and imprisonment. It examines novel matters not addressed in
other published works, such as the challenges in preserving and
presenting evidence in piracy trials, the rights of pirate
defendants, and contending with alleged pirates who are juveniles.
A more thorough understanding of modern piracy trials and the
precedent they have established is critical to scholars,
practitioners, and the broader community interested in
counter-piracy efforts, as these prosecutions are likely to be the
primary judicial mechanism to contend with pirate activity going
forward.
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