Download or read book Conceptions of State Identity and Continuity in Contemporary International Legal Scholarship written by Anne Østrup and published by . This book was released on 2017 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper offers an examination of the substantive conceptions of state identity/continuity advanced in contemporary international legal scholarship. It first outlines in a historical perspective the core theoretical debate concerning the nature of state succession and examines the meaning of the concept of state identity/continuity in this context. Having dismissed a general concept of legal personality as a point of differentiation between state identity/continuity and state succession, the paper identifies four main substantive conceptions of state identity/continuity in contemporary legal scholarship: a 'formal' conception, a 'material' conception, a 'procedural' conception, and finally a 'relativist' or 'deconstructivist' approach to the concept of identity/continuity. The paper then explores the strengths and weaknesses of each of these conceptions in terms of both their theoretical underpinnings; their conformity with state practice and their implications for the legal concept of statehood. The paper argues that both the formal and material conceptions of state identity/continuity suffer from serious theoretical shortcomings. The procedural conception is generally more consistent, although it may not - as pointed out by proponents of the deconstructivist approach - entirely encompass the many variations of state practice. In particular, the procedural conception of identity/continuity stands out by maintaining the aspiration of a normative approach to the question of state identity/continuity, and thus to the problem of statehood in international law, even if there is a certain gap between theory and practice.
Download or read book Identity and Continuity of States in Public International Law written by Krystyna Marek and published by Librairie Droz. This book was released on 1968 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State Succession to International Responsibility written by Patrick Dumberry and published by BRILL. This book was released on 2024-09-05 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the context of the break-up of the Soviet Union and Yugoslavia, the independence of Montenegro and the unification of Germany, can a new State be held responsible for wrongful acts committed before its independence by the predecessor State? This book is the most comprehensive analysis of State practice, case law and scholarship identifying the factors and circumstances under which the rights and obligations arising from wrongful acts committed before independence can be transferred to a new State. This updated and revised second edition covers new developments, including the recent works of the International Law Commission and the Institute of International Law.
Download or read book Research Handbook on Secession written by Jure Vidmar and published by Edward Elgar Publishing. This book was released on 2022-12-13 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining both theoretical and practical insights, the Research Handbook on Secession addresses a wide range of legal issues and concepts surrounding secessions. It considers both well-known examples such as Kosovo and Bangladesh alongside less frequently discussed cases including Somaliland and Palestine. The Research Handbook offers state-of-the-art analysis of international law on – among other topics – statehood, secession, self-determination, as well as comparative constitutional perspectives.
Download or read book Non consensual Secession and the Law of Nations written by Kian Pourkermani and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sovereignty Statehood and State Responsibility written by Christine Chinkin and published by Cambridge University Press. This book was released on 2015-02-12 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of states), statehood (what it means to be a state, and the process of acquiring or losing statehood) and state responsibility (the legal component of what being a state entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states. It includes reflections on the interactions between states and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood.
Download or read book The identity and continuity of personal status in contemporary private international law written by Francesco Salerno and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Creation of States in International Law written by James R. Crawford and published by Oxford University Press. This book was released on 2007-03-15 with total page 943 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statehood in the early 21st century remains as much a central problem as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.
Download or read book International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Download or read book Identity and continuity od States in public international law written by Krystyna Marek and published by . This book was released on 1968 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Identity and Continuity of Personal Status in Contemporary Private International Law written by and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Concept of the State in International Relations written by Robert Schuett and published by Edinburgh University Press. This book was released on 2015-01-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume ... systematically considers the nature of the state, the concept of sovereignty and the challenges globalisation and cosmopolitanism.--Provided by publisher.
Download or read book The Great Restoration Post Communist Transformations from the Viewpoint of Comparative Historical Sociology of Restorations written by Zenonas Norkus and published by BRILL. This book was released on 2023-09-20 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘The revolutions of 1989’ remains the standard term used to describe the onset of post-communist transformations more than thirty years ago. Zenonas Norkus proposes a completely new perspective, theorising them as the next wave of modern social restorations, starting with the post-Napoleonic restorations in 1815. A comparison of the 1789 French and 1917 Russian revolutions was seminal for the rise of comparative historical and sociological research on modern revolutions. The book extends and supplements the sociology of modern revolutions by the first systematic outline of the sociology of modern social restorations grounded in a comparison of post-Napoleonic and post-communist restorations.
Download or read book New Approaches to International Law written by José María Beneyto and published by Springer Science & Business Media. This book was released on 2012-09-26 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America. In particular, the contributions focus on the intellectual product of NAIL's founder, David Kennedy, in relation to three legal streams: human rights, legal history, and the law of war. On the one hand, the volume is valuable reading for a broad audience interested in the current challenges facing global governance, and how critical studies might contribute to innovative intellectual and practice-oriented developments in international law. On the other hand, stemming from a 2010 seminar in Madrid that brought together scholars to discuss David Kennedy's scholarship over the last three decades, the contributions here are a testament to the community and ideas of the NAIL tradition. The volume includes scholars from a wide field of legal interests and backgrounds.
Download or read book The Concept of International Legal Personality written by Janne Elisabeth Nijman and published by T.M.C. Asser Press. This book was released on 2004-11-11 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the report of a journey. The reader is invited to join the author on a th trip in time and space. The trip takes its starting-point in 17 century Europe and th the as yet confused post-Thirty Years War society. After some stops in the 18 th and 19 century the author brings us to the post-World War I society which is as confused and is torn between ideals and despair. Then we make a stop in the post-World War II society when ideals seemingly have made place for trust in power but where we also get a glance of the fragile sapling of human rights law. And finally we pause in the post-Cold War world and try to cast a look into the future. What is the purpose of this journey, what is the author in search of? As is clear from the title it is the concept of International Legal Personality which for many will have a rather formal and positive law connotation. But the journey does not take us into the cabinets of Foreign Ministries or to conference-rooms or United Nations-buildings where the law is made nor to the court-rooms where the law is interpreted and modelled.
Download or read book The Law of State Succession written by D. P. O' Connell and published by Cambridge University Press. This book was released on 2015-12-03 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1956, this book presents an account regarding the legal principles governing the consequences of changes of sovereignty, focusing particularly on British practice during the preceding 150 years. The legal principles governing British practice are compared with those of other states in order to record the main points of doctrinal agreement or divergence.
Download or read book Rethinking Sovereign Debt written by Odette Lienau and published by Harvard University Press. This book was released on 2014-02-18 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conventional wisdom holds that all nations must repay debt. Regardless of the legitimacy of the regime that signs the contract, a country that fails to honor its obligations damages its reputation. Yet should today's South Africa be responsible for apartheid-era debt? Is it reasonable to tether postwar Iraq with Saddam Hussein's excesses? Rethinking Sovereign Debt is a probing analysis of how sovereign debt continuity--the rule that nations should repay loans even after a major regime change, or else expect consequences--became dominant. Odette Lienau contends that the practice is not essential for functioning capital markets, and demonstrates its reliance on absolutist ideas that have come under fire over the last century. Lienau traces debt continuity from World War I to the present, emphasizing the role of government officials, the World Bank, and private markets in shaping our existing framework. Challenging previous accounts, she argues that Soviet Russia's repudiation of Tsarist debt and Great Britain's 1923 arbitration with Costa Rica hint at the feasibility of selective debt cancellation. Rethinking Sovereign Debt calls on scholars and policymakers to recognize political choice and historical precedent in sovereign debt and reputation, in order to move beyond an impasse when a government is overthrown.
