Download or read book Border Disputes and their Resolution According to International Law written by Giovanni Distefano and published by Emirates Center for Strategic Studies and Research. This book was released on 2005-09-24 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: The key element of the territorial and maritime dispute between Bahrain and Qatar was the need to determine sovereignty over the area of Zubarah, the Hawar Islands and Janan Island. On the matter of sovereignty over Zubarah, the ICJ ruled in Qatar's favor, relying on an international treaty signed in 1913, between the Ottoman Empire and Great Britain, which declared the autonomy of the Al Thani family over the entire peninsula. The territorial dispute over the Hawar Islands was the most bitterly fought of the entire case. Qatar invoked the principle of contiguity and the vague concept of territorial unity to prove its claim, while the basis of Bahrain's argument rested on a decision made by Great Britain on July 11, 1939, that awarded sovereignty to Bahrain. Based on this decision, the ICJ ruled that the islands belonged to Bahrain. Since the Court had found that the Hawar Islands belonged to Bahrain, the single maritime boundary between Qatar and Bahrain had to be drawn between the Islands and Qatar's coasts. However, the channel between them was shallow and at some points during low-tide it is feasible, as was proved without challenge by Qatar, to walk from one side to the other, which made it seemingly impossible to navigate between different points of Qatar's southwestern coastline without entering Bahraini waters. While some parts of the ICJ's judgment were not rendered satisfactorily, ultimately a territorial dispute, which gravely embittered the relations between two friendly states, has been successfully settled.
Download or read book Border Disputes and Their Resolution According to International Law written by Giovanni Distefano (Law professor) and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Interstate border disputes in Africa and their resolution The case of Ethiopia Eritrea and Sudan South Sudan written by Pippie Hugues and published by GRIN Verlag. This book was released on 2021-07-22 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2018 in the subject Law - Miscellaneous, grade: A, University of Buea (faculty of laws and political science), course: LLM, language: English, abstract: The purpose of this research is to critically examine the resolution of interstate border disputes in Africa. In doing so, the disputes between Sudan and South Sudan over the Abyei and Heglig zones and the dispute between Ethiopia and Eritrea over Badme will be the main focus of the study. The main research question is: How effective are the laws and mechanisms put in place to resolve interstate border disputes in Africa? Africa as a continent is covered with a lot of interstate border disputes. It is true that international law has always considered as one of its fundamental purposes the maintenance of peace. Disputes are inevitable and no matter their nature, they are often accepted as a regular part of human relations. The major problem is always how to resolve them. The history of the African continent is characterized by interstate border disputes, which usually occurs around the border between two states, but also involve many other states. Most of the interstate disputes occur after the states become independent, when each becomes eager to know and secure its territorial boundaries with neighbours.
Download or read book International Law and Boundary Disputes in Africa written by Gbenga Oduntan and published by Routledge. This book was released on 2015-06-26 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Private Public Law Divide in International Dispute Resolution written by Burkhard Hess and published by BRILL. This book was released on 2018-08-21 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings.
Download or read book Territorial Disputes and State Sovereignty written by Jorge E. Núñez and published by Routledge. This book was released on 2020-05-11 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting a multi-disciplinary approach, this book opens new ground for research on territorial disputes. Many sovereignty conflicts remain unresolved around the world. Current solutions in law, political science and international relations generally prove problematic to at least one of the agents part of these differences. Arguing that disputes are complex, multi-layered and multi-faceted, this book brings together a global, inter-disciplinary view of territorial disputes. The book reviews the key conceptual elements central to legal and political sciences with regards to territorial disputes: state, sovereignty and self-determination. Looking at some of the current long-standing disputes worldwide, it compares and contrasts the many issues at stake and the potential remedies currently available in order to assess why some territorial disputes remain unresolved. Finally, it offers a set of guidelines for dispute settlement and conflict resolution that current remedies fail to provide. It will appeal to students and scholars working in international relations, legal theory and jurisprudence, public international law and political sciences.
Download or read book Research Handbook on Territorial Disputes in International Law written by Marcelo G. Kohen and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Territorial disputes remain a significant source of tension in international relations, representing an important share of interstate cases brought before international tribunals and courts. Analysing the international law applicable to the assessment of territorial claims and the settlement of related disputes, this Research Handbook provides a systematic exposition and in-depth discussions of the relevant key concepts, principles, rules, and techniques. Combining extensive knowledge from across international law, Marcelo Kohen and Mamadou Hébié expertly unite a multinational group of contributors to provide a go-to resource for the settlement of territorial disputes. The different chapters discuss the process through which states establish sovereignty over a territory, and review the different titles of territorial sovereignty, the relation between titles and effectivités, as well as the relevance of state conduct. Select chapters focus on the impact of foundational principles of international law such as the principle of territorial integrity, the right of self-determination and the prohibition of the threat or use of force, on territorial disputes. Finally, technical rules that are crucial for the assessment of territorial claims, especially the techniques of intertemporal law and critical date, as well as evidentiary rules, are presented. An essential resource for practitioners, international law academics and public officials including judges and arbitrators, this Research Handbook is a highly original collection of scholarship and research on territorial disputes and their settlement. Contributors include: M.J. Aznar, T. Christakis, A. Constantinides, K. Del Mar, G. Distefano, M. Hébié, P. Klein, M. Kohen, V. Koutroulis, S. Lee, G. Nesi, K. Parlett
Download or read book New Frontiers in Asia Pacific International Arbitration and Dispute Resolution written by Shahla Ali and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
Download or read book Peaceful Resolution of Major International Disputes written by Julie Dahlitz and published by United Nations Publications. This book was released on 1999 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unresolved Border Land and Maritime Disputes in Southeast Asia written by Alfred Gerstl and published by BRILL. This book was released on 2016-11-14 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unresolved Border, Land and Maritime Disputes in Southeast Asia, edited by Alfred Gerstl and Mária Strašáková, sheds light on various unresolved and lingering territorial disputes in Southeast Asia and their reflection in current inter-state relations in the region. The authors, academics from Europe and East Asia, particularly address the territorial disputes in the South China Sea and those between Vietnam and Cambodia and Thailand and Cambodia. They apply International Relations theories in a wider regional and comparative perspective. The empirical analyses are embedded in a concise theoretical discussion of the principles of sovereignty, territorial integrity and borders. Furthermore, the book discusses the role of the Association of Southeast Asian Nations (ASEAN) and other multi-track mechanisms in border conflict mediation. Contributors are: Petra Andělová, Alica Kizeková, Filip Kraus, Josef Falko Loher, Padraig Lysaght, Jörg Thiele, Richard Turcsányi, Truong-Minh Vu and Zdeněk Kříž.
Download or read book International Dispute Resolution written by Vesna Lazić and published by Springer. This book was released on 2018-07-26 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
Download or read book Labor Law Beyond Borders written by International Bureau of the Permanent Court of Arbitration and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 11 papers explore such aspects as the significance of international labor norms for settling cross-border disputes; the role of private labor rights initiatives; the advantages, disadvantages, and potential usefulness of alternative dispute resolution (ADR) for interstate labor disputes; a proposal for conciliation through the Permanent Court of Arbitration; problems and pitfalls of optional rules for arbitration and/or conciliation of labor disputes; and whether core labor rights and labor market flexibility are entwined paths. A conclusion summarizes insights useful to the Court. No index is provided. Annotation (c)2003 Book News, Inc., Portland, OR (booknews.com).--Résumé de l'éditeur.
Download or read book Territorial Acquisition Disputes and International Law written by Surya P. Sharma and published by BRILL. This book was released on 2024-01-15 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the traditional criteria of territorial acquisition and demonstrates their inadequacies in the modern context. It also addresses contemporary territorial doctrines and conflicts. It regards territorial acquisition as a comprehensive process involving various considerations leading to the establishment or transfer of exclusive control over territory. This approach has many advantages and adds to the development of the law of territorial acquisition. The author also provides an analysis of the claims and counter-claims in major contemporary territorial disputes and suggests appropriate legal perspectives bearing upon decision-making in regard to them. This book will be highly useful to students, academics and practitioners in the field of international law, as well as all governments and institutions dealing with territorial matters.
Download or read book Law Territory and Conflict Resolution written by Matteo Nicolini and published by Studies in Territorial and Cul. This book was released on 2016 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prompted by the de facto secession of Crimea in early 2014, Law, Territory and Conflict Resolution explores the role of law in territorial disputes, and therefore sheds light on the legal ‘realities’ in territorial conflicts. Seventeen scholars with backgrounds in comparative constitutional law and international law critically reflect on the well-established assumption that law is ‘part of the solution’ in territorial conflicts and ask whether the law cannot equally be ‘part of the problem’. The volume examines theory, practice, legislation and jurisprudence from various case studies, thus offering further insights on the following complex issue: can law act as an effective instrument for the governance of territorial disputes and conflicts?
Download or read book Asian Approaches to International Law and the Legacy of Colonialism written by Jin-Hyun Paik and published by Routledge. This book was released on 2012-09-10 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters in this volume address international legal issues impacted by the legacy of the Asian region’s historical experience with colonialism and its current standing in the international system. This volume provides a perspective on these issues from Asian legal scholars who have embarked on an analysis and discussion of the various ways in which international law and the international legal process can resolve these issues in a manner that is appropriate for the region. The book examines the interconnections between diverse topics, such as current territorial disputes over maritime areas (which includes disputes over maritime delimitation) and the scope of exclusive economic zones in East and Southeast Asia, both of which are aspects of some of the critical political, economic, and legal issues presently confronting the region. These territorial and maritime disputes are partially due to the geography of the region, but the editors make a convincing argument for the genesis of these disputes being rooted in the legacy of the region’s colonial past; a legacy which has confounded attempts at resolution of these disputes and still deeply influences international relations in the region. Asian Approaches to International Law and the Legacy of Colonialism will be of particular interest to academics and students of International Law, Maritime Law and Asian Studies.
Download or read book International Law and Conflicts written by Justice Mbuh and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like his first book Inside Contemporary Cameroun Politics (Authorhouse, 2004, unpublished), Justice M. Mbuh once again draws the attention of readers and researchers on the abuse of human rights and international law that accompany political manipulations in international organizations, especially in the International Court of Justice (ICJ) as nations fight or attempt making peace with one another via Courts. The author is perhaps the first to draw our attention from his MA Thesis to this now refurbished work to the riches and delicate political balance that exist in the African Sub-region known as Gulf of Guinea. Moving from general to specific conflict investigation and analyses-from Kashmir, Palestine through the Temple of Preah Vihear to Thirteen African Conflicts or Hotspots (including the Bakassi Peninsula Border Dispute between Cameroun and Nigeria), the author draws a delicate balance between the said conflict and the domestic economic and political realities of the two lead belligerents. Underlying his assumptions and analyses, is his unquenching ability to defend the right to self-determination of all peoples. He once again dares to uphold the fact that the dispute is first a question of understanding the frictional relationship between the myth of the "Two Cameroons"-Ambazonia (Southern Cameroons) and Cameroun, before that of the sovereignty over the swampy, oil-rich peninsula. Above all, the author takes the reader through well defined stages of escalation and dispute resolution, as far as the particular core case study is concerned, while at the same time revealing how vital evidence was suppressed at the ICJ.
Download or read book Forming Transnational Dispute Settlement Norms written by Shahla F. Ali and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book examines whether regional centres associated with global legal institutions facilitate expanded citizen engagement in global soft law making. Through an analysis of empirical research into the role of decentralized soft law making in the East Asian region, it investigates the influence of such regional centres in overcoming representational deficits in the design of cross-border dispute settlement norms.
