Download or read book Status and Human Rights Obligations of Non Recognized De Facto Regimes in International Law The Case of Somaliland written by Michael Schoiswohl and published by BRILL. This book was released on 2004-04-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the first comprehensive study of legal issues arising with regard to the self-declared 'Republic of Somaliland' which, after more than 10 years of factual existence, is still facing international non-recognition. The case of Somaliland, in particular its unique position within the collapsed State of Somalia, challenges current international law doctrine regarding the interplay between non-recognition and the creation of States. Based upon an in-depth analysis of international law concerning the criteria of statehood and recognition, the author presents a legal framework against which cases of secession in the context of collapsed States should be measured. In applying this framework to the case of Somaliland, he demonstrates that the entity has established a sufficient level of peace, stability and effective governance to qualify as a State under international law. Given the legal uncertainty surrounding non-recognized de facto regimes such as Somaliland, the study finally attempts to identify legal rules which bind de facto regimes in the process of secession irrespective of their recognition as a State. Proposing a 'functional approach' to de facto regimes, the author argues that such entities are subject to obligations under international (human rights) law to the extent they are assuming governmental tasks.
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 Transition from Illegal Regimes under International Law written by Yaël Ronen and published by Cambridge University Press. This book was released on 2011-05-19 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yaël Ronen analyses the international legal ramifications of illegal territorial regimes, namely the illegal annexation of territory or illegal declarations of independence, by reference to the stage of transition from an illegal territorial regime to a lawful one. Six case studies (Namibia, Zimbabwe, the Baltic States, the South African Bantustans, East Timor and northern Cyprus) are used to explore the tension between the invalidity of the illegal regime's acts and their effectiveness, with respect to the international relations of such territories, their domestic legal systems, the status of settlers and land transfers. Relying heavily on primary and previously unconsidered sources, she focuses on the international legal constraints on the post-transition regime's policy, particularly in the context of international human rights law.
Download or read book Unrecognized Entities written by and published by BRILL. This book was released on 2021-12-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book comprehensively discusses legal and political issues of non-recognized entities in the context of international and European Law, combining perspectives of international and European law with those of the non-recognized entities themselves.
Download or read book Human Rights Obligations of Non State Armed Groups written by Daragh Murray and published by Bloomsbury Publishing. This book was released on 2016-05-05 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation. The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity. Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group. ''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.'' Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.
Download or read book Due Diligence Obligations in International Human Rights Law written by Maria Monnheimer and published by Cambridge University Press. This book was released on 2021-02-18 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the importance of non-State actors ever increasing, the traditional State-centric approach of international law is being put to the test. In particular, significant accountability lacunae have emerged in the field of human rights protection. To address these challenges, this book makes a case for extraterritorial due diligence obligations of States in international human rights law. It traces back how due diligence obligations evolved on the international plane and develops a general analytical framework making the broad and vague notion of due diligence more approachable. The framework is applied to different fields of international law which provides guidance on how due diligence obligations can be better conceptualized. Drawing inspiration from these developments, the book analyses how extraterritorial human rights due diligence obligations could operate in practice and foster global human rights protection.
Download or read book Non State Actors in International Law written by Math Noortmann and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This book explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives. Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors' position in international law – neo-positivism, the policy-oriented approach and transnational law – are covered at the beginning of the book, and the essential political science perspectives – on non-state actors' role in international politics and globalisation, as well as their soft power – are presented at the end.
Download or read book International Law of Victims written by Carlos Fernández de Casadevante Romani and published by Springer Science & Business Media. This book was released on 2012-07-11 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states’ obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.
Download or read book Collected Courses of the Academy of European Law written by Antônio Augusto Cançado Trindade and published by . This book was released on 1991 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Right to Self determination written by Aureliu Cristescu and published by New York : United Nations. This book was released on 1981 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Self Determination and Secession in Africa written by Redie Bereketeab and published by Routledge. This book was released on 2014-08-07 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a unique comparative study of the major secessionist and self-determination movements in post-colonial Africa, examining theory, international law, charters of the United Nations, and the Organisation of African Unity (OAU)/African Union’s (AU) stance on the issue. The book explores whether self-determination and secessionism lead to peace, stability, development and democratisation in conflict-ridden societies, particularly looking at the outcomes in Eritrea and South Sudan. The book covers all the major attempts at self-determination and secession on the continent, extensively analysing the geo-political, economic, security and ideological factors that determine the outcome of the quest for self-determination and secession. It reveals the lack of inherent clarity in international law, social science theories, OAU/AU Charter, UN Charters and international conventions concerning the topic. This is a major contribution to the field and highly relevant for researchers and postgraduate students in African Studies, Development Studies, African Politics and History, and Anthropology.
Download or read book Secession in International Law written by Milena Sterio and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Unrecognised Subjects in International Law written by Władysław Czapliński and published by Wydawnictwo Naukowe Scholar. This book was released on 2019-01-23 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: edited by Władysław Czapliński and Agata Kleczkowska The book discusses a variety of issues related to two important international law institutions: international legal personality and recognition. Respective studies concern the legal situation and classification of various categories of non-recognised entities, the obligation to recognise and not to recognise specific subjects, rights and obligations of those entities (including, for example, state immunity and obligations in respect of human rights), and international liability for unlawful recognition. The authors of the texts are both eminent scientists, recognised specialists in the field of international law, as well as young lawyers, just starting their adventure with research work. The authors come from various parts of the world and represent a diverse approach to research methodology. Authors: Maurizio Arcari, Chun-i Chen, Władysław Czapliński, Natividad Fernández Sola, Łukasz Gruszczyński, Shotaro Hamamoto, Agata Kleczkowska, Anne Lagerwall, Margaret E. McGuinness, Marcin Menkes, Enrico Milano, Stefan Oeter, Dagmar Richter, Przemysław Saganek, Galina Shinkaretskaia, María Isabel Torres Cazorla, Szymon Zaręba.
Download or read book The Fragility of the Failed State Paradigm written by Neyire Akpinarli and published by BRILL. This book was released on 2010 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The absence of effective government, one of the most important issues in current international law, became prominent with the failed state concept at the beginning of the 1990s. Public international law, however, lacked sufficient legal means to deal with the phenomenon. Neither attempts at state reconstruction in countries such as Afghanistan and Somalia on the legal basis of Chapter VII of the UN Charter nor economic liberalisation have addressed fundamental social and economic problems. This work investigates the weaknesses of the failed state paradigm as a long-term solution for international peace and security, arguing that the solution to the absence of effective government can be found only in an economic and social approach and a true universalisation of international law.
Download or read book Human Rights in Times of Transition written by Kasey McCall-Smith and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the extent to which national security has affected the intersection between human rights and the exercise of state power. It examines how liberal democracies, long viewed as the proponents and protectors of human rights, have transformed their use of human rights on the global stage, externalizing their own internal agendas.
Download or read book Routledge Handbook of the Horn of Africa written by Jean-Nicolas Bach and published by Routledge. This book was released on 2022-03-31 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of the Horn of Africa provides a comprehensive, interdisciplinary survey of contemporary research related to the Horn of Africa. Situated at the junction of the Sahel-Saharan strip and the Arabian Peninsula, the Horn of Africa is growing in global importance due to demographic growth and the strategic importance of the Suez Canal. Divided into sections on authoritarianism and resistance, religion and politics, migration, economic integration, the military, and regimes and liberation, the contributors provide up-to-date, authoritative knowledge on the region in light of contemporary strategic concerns. The handbook investigates how political, economic, and security innovations have been implemented, sometimes with violence, by use of force or by negotiation – including ‘ethnic federalism’ in Ethiopia, independence in Eritrea and South Sudan, integration of the traditional authorities in the (neo)patrimonial administrations, Somalian Islamic Courts, the Sudanese Islamist regime, people’s movements, multilateral operations, and the construction of an architecture for regional peace and security. Accessibly written, this handbook is an essential read for scholars, students, and policy professionals interested in the contemporary politics in the Horn of Africa.
Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2014-09-18 with total page 1069 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of International Law confirms the text's status as the definitive book on the subject. Combining both his expertise as academic and practitioner, Malcolm Shaw's survey of the subject motivates and challenges both student and professional. By offering an unbeatable combination of clarity of expression and academic rigour, he ensures both understanding and critical analysis in an engaging and authoritative style. The text has been updated throughout to reflect recent case law and treaty developments. It retains the detailed references which encourage and assist further reading and study.
