Download or read book Illegal Annexation and State Continuity written by Lauri Mälksoo and published by BRILL. This book was released on 2022-08-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume, now in its second and revised edition, deals with the legal status of the three Baltic States - Estonia, Latvia and Lithuania - as a consequence of the illegality of the Soviet annexation in 1940-1991. It offers a detailed historical overview of the Soviet takeover of the Baltic States in 1939/1940 and analysis of international law as it was in force, also regionally and bilaterally, at the time. It examines the role of the continuity of the diplomatic representations of the Baltic States and other manifestations of the Western non-recognition of the Soviet annexation. Moreover, the book examines the nature of the restoration of the Baltic States in 1991 based on their State continuity claim. It also studies in detail questions such as borders, citizenship and reparation claims, and asks to what extent State continuity could or could not be restored in practice. Compared to the first edition, the text has been updated (for example, on developments regarding border treaties) but also more background references have been added on the history of the Baltic States, Soviet and post-Soviet Russian responses to the continuity claim of the Baltic States, etc. The book interprets the Soviet annexation and Baltic States' continuity case against the wider backdrop of developments in international law in the 20th century and argues that the outcome reflected important normative developments in international law, away from mere effectivity. The case of the Baltic States will be relevant for current and future cases of illegal annexation, following the threat and use of military force prohibited under international law.
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 Russian Approaches to International Law written by Lauri Mälksoo and published by Academic. This book was released on 2015 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a detailed analysis of how Russia's understanding of international law has developed Draws on historical, theoretical, and practical perspectives to offer the reader the 'big picture' of Russia's engagement with international law Extensively uses sources and resources in the Russian language, including many which are not easily available to scholars outside of Russia
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 Brownlie s Principles of Public International Law written by Ian Brownlie and published by Oxford University Press, USA. This book was released on 2012-09-27 with total page 885 pages. Available in PDF, EPUB and Kindle. Book excerpt: Serving as a single volume introduction to the field as a whole, this book seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level. It identifies the constituent elements of that system in a clear and accessible fashion.
Download or read book State Succession to International Responsibility written by Patrick Dumberry and published by BRILL. This book was released on 2007-07-30 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: The break-up of the Soviet Union, Yugoslavia and Czechoslovakia and the unification of Germany in the 1990s marked the dramatic return to center stage in international law of the issue of State succession. This book deals with one particularly controversial aspect of State succession that until now has not received much attention: the question of State succession to international responsibility. In State Succession to International Responsibility the international lawyer and scholar Patrick Dumberry addresses the question, critical for our times, whether or not a new State may be held responsible for wrongful acts committed before its independence by the predecessor State. He also considers the reverse situation: whether or not a new State may claim reparations for wrongful acts committed before its independence by third parties and which affected the predecessor State or one of its nationals. State Succession to International Responsibility contains the most comprehensive analysis ever published of doctrine and State practice related to these questions. It is the first attempt to examine systematically State conduct, both historical and modern, with a view to identifying the factors and circumstances under which rights and obligations of a predecessor State may be transferred to a new State. Winner 2008 ASIL Certificate of Merit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars.
Download or read book Illegal Annexation and State Continuity written by Lauri Mälksoo and published by Brill Nijhoff. This book was released on 2003 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: The depth and intensity of the transformation in Eastern and Central Europe in the 1980's and 1990's took most diplomats and political commentators by surprise. Needless to say, European politics now looks completely different from how it did during the stale years of the Cold War. This volume is an in-depth analysis of one aspect of the transformation - namely the Baltic States' struggle to regain the statehood they had lost in the Soviet occupation in June 1940. It analyses the claim of illegality of the Soviet occupation, arguments about possible prescription, the legal consequences of illegality as well as the restoration of the statehood of the three Baltic States after 1990. The relevant facts are clearly described and the application of the legal rules is skillfully based on arguments from precedent and legal principle. The author also discusses the question of the significance of (pure) legal status, detached from the enjoyment of rights and obligations which that status entails in law. Please also see the 2nd, revised edition of this book (2022): isbn 978-90-04-46488-9.
Download or read book Peoples and International Law written by James Summers and published by Martinus Nijhoff Publishers. This book was released on 2007-08-13 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peoples and International Law is the most comprehensive current account of the right of self-determination in international law. The book examines the law of self-determination as the product of the interaction between nationalism and international law. This broad and interdisciplinary work charts this interaction through different aspects of the legal process – in international instruments, judicial decisions, legal obligations and historical context – critically and in extensive detail. The book is essential reading for those with an interest both in peoples’ rights in international law and the study of nationalism.
Download or read book A Guide to State Succession in International Investment Law written by Patrick Dumberry and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Guide to State Succession in International Investment Law provides a comprehensive analysis of State succession issues arising in the context of international investment law. The author examines whether a successor State is bound by the investment treaties and State contracts which the predecessor State had signed with other States and foreign investors before the date of succession. Actors who are called upon to apply rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance with strong theoretical foundations.
Download or read book Illegal Annexation and State Continuity written by Lauri Mälksoo and published by Erik Castrén Institute Monogra. This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume, now in its second and revised edition, deals with the legal status of the three Baltic States - Estonia, Latvia and Lithuania - as a consequence of the illegality of the Soviet annexation in 1940-1991. It offers a detailed historical overview of the Soviet takeover of the Baltic States in 1939/1940 and analysis of international law as it was in force, also regionally and bilaterally, at the time. It examines the role of the continuity of the diplomatic representations of the Baltic States and other manifestations of the Western non-recognition of the Soviet annexation. Moreover, the book examines the nature of the restoration of the Baltic States in 1991 based on their State continuity claim. It also studies in detail questions such as borders, citizenship and reparation claims, and asks to what extent State continuity could or could not be restored in practice. Compared to the first edition, the text has been updated (for example, on developments regarding border treaties) but also more background references have been added on the history of the Baltic States, Soviet and post-Soviet Russian responses to the continuity claim of the Baltic States, etc. The book interprets the Soviet annexation and Baltic States' continuity case against the wider backdrop of developments in international law in the 20th century and argues that the outcome reflected important normative developments in international law, away from mere effectivity. The case of the Baltic States will be relevant for current and future cases of illegal annexation, following the threat and use of military force prohibited under international law.
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 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 Legal Form written by Cosmin Cercel and published by Taylor & Francis. This book was released on 2024-10-11 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: A century after the publication of Evgeny Pashukanis’ pivotal book General Theory of Law and Marxism, this collection presents a comprehensive account and analysis of his key concept of legal form. Evgeny Pashukanis’ General Theory, born amidst the fervour of the first socialist revolution, remains still a crucial reference point in Marxist theories of the law and critical legal theory. Its theoretical depth paved the way for new understandings of the relationship between Marxism and the law. Its crucial virtue continues to be, even after a century, the ability to articulate epochal concerns in the context of a socialist revolution that turned hitherto theoretical problems into dilemmas of practice. This book returns to Pashukanis’ main concept: ‘legal form’. Through this jurisprudential category Pashukanis aimed to grasp the dependence of the law on the economy, and at the same time, to enquire into the degree to which the law preserves its autonomy from economic relations. In other words, the legal form as a concept conveys both the law’s dependence on the economic sphere of exchange and its greatest inherent specificity: the way it translates economic relations into its proper language and set of legal/ideological constructs. The contributions to this volume provide a range of perspectives on how the concept of legal form has been developed and reinterpreted. Including the first English translation of Pashukanis’ essay, ‘Hegel, State and Law’, this collection will be of considerable interest to scholars and students of legal and political theory.
Download or read book From Soviet Republics to EU Member States 2 vols written by Peter van Elsuwege and published by BRILL. This book was released on 2008-08-31 with total page 621 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Soviet Republics to EU Member States addresses the legal and political challenges surrounding the EU accession of Estonia, Latvia and Lithuania. Based upon a profound analysis of the Baltic States’ historic development and international legal status, this book examines the gradual development of bilateral relations between the EU and each of the Baltic countries. It discusses the strategic policy choices made in the EU’s fifth enlargement wave and the consequences of its pre-accession strategies. Specific attention is devoted to the impact of enlargement on the triangular relationship between the EU, the Baltic States and Russia. Finally, the constitutional changes within the Baltic States and within the European Union itself are taken into account.
Download or read book The Life and Death of States written by Natasha Wheatley and published by Princeton University Press. This book was released on 2023-06-13 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: An intellectual history of sovereignty that reveals how the Habsburg Empire became a crucible for our contemporary world order Sprawled across the heartlands of Europe, the Habsburg Empire resisted all the standard theories of singular sovereignty. The 1848 revolutions sparked decades of heady constitutional experimentation that pushed the very concept of “the state” to its limits. This intricate multinational polity became a hothouse for public law and legal philosophy and spawned ideas that still shape our understanding of the sovereign state today. The Life and Death of States traces the history of sovereignty over one hundred tumultuous years, explaining how a regime of nation-states theoretically equal under international law emerged from the ashes of a dynastic empire. Natasha Wheatley shows how a new sort of experimentation began when the First World War brought the Habsburg Empire crashing down: the making of new states. Habsburg lands then became a laboratory for postimperial sovereignty and a new international order, and the results would echo through global debates about decolonization for decades to come. Wheatley explores how the Central European experience opens a unique perspective on a pivotal legal fiction—the supposed juridical immortality of states. A sweeping work of intellectual history, The Life and Death of States offers a penetrating and original analysis of the relationship between sovereignty and time, illustrating how the many deaths and precarious lives of the region’s states expose the tension between the law’s need for continuity and history’s volatility.
Download or read book Russia and the Right to Self Determination in the Post Soviet Space written by Johannes Socher and published by Oxford University Press. This book was released on 2021 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to self-determination is renowned for its lack of clear interpretation. Broadly speaking, one can differentiate between a liberal and a nationalist tradition. In modern international law, the balance between these two opposing traditions is sought in an attempt to contain or'domesticate' the nationalist version by limiting it to 'abnormal' situations, such as colonialism in the sense of 'alien subjugation, domination and exploitation'.This book situates Russia's engagement with the right to self-determination in this debate. It shows that Russia has a distinct approach to self-determination that sets it apart both from Western States and from state practice during Soviet times. Against the background of the Soviet Union's role inthe evolution of the right to self-determination, the bulk of the study analyses Russia's relevant state practice in the post-Soviet space through the prisms of sovereignty, secession, and annexation. Drawing on analysis of seven secessionist conflicts and a detailed study of Russian sources andscholarship, it traces how Russian engagement with self-determination has changed over the past three decades. Ultimately, the book argues that Russia's approach to the right of peoples to self-determination may be best understood in terms of Russian power politics disguised as legal rhetoric, aswell as being evidence of a regional (re-)fragmentation of international law.
Download or read book The Cambridge Handbook of Comparative Law written by Mathias Siems and published by Cambridge University Press. This book was released on 2024-01-31 with total page 1362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).
