Download or read book The Law and Practice of International Territorial Administration written by Carsten Stahn and published by Cambridge University Press. This book was released on 2010-09-23 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt: International actors have played an active role in the administration of territories over the past two centuries. This book analyses the genesis and law and practice of international territorial administration, covering all experiments from the Treaty of Versailles to contemporary engagements such as the conflict in Iraq. The book discusses the background, legal framework and practice of international territorial administration, including its relationship to related paradigms (internationalisation, mandate administration, trusteeship administration and occupation). This is complemented by a discussion of four common legal issues which arise in the context of this activity: the status of the territory under administration, the status and accountability of administering authorities, the exercise of regulatory powers by international administrations, and the relationship between international and domestic actors. Alongside surveys of the existing approaches and conceptual choices, the book also includes relevant case-law and practice and lessons learned for future engagements.
Download or read book International Territorial Administration written by Ralph Wilde and published by Oxford University Press. This book was released on 2010-09-30 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive treatment of the reasons why international organizations have engaged in territorial administration. The book describes the role of international territorial administration and analyses the various purposes associated with this activity, revealing the objectives which territorial administration seeks to achieve.
Download or read book UN Territorial Administration and Human Rights written by Gjylbehare Bella Murati and published by Routledge. This book was released on 2020-04-30 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an original and insightful analysis of the human rights inadequacies that arise in the practice of UN territorial administration by analysing and assessing the practice of UNMIK. It provides arguments based on law and principles to support the thesis that a comprehensive legal framework governing the activities of the UN mission is a crucial prerequisite for its proper functioning. This is complemented by a discussion of several emerging issues surrounding the UN activity on the ground, namely, its legislative, judicial, and executive power. The author offers an extensive and well-documented analysis of the UN’s capacity as a surrogate state administration to respond to the needs of the governed population and, above all, protect its fundamental rights. Based on her findings, Murati concludes that only a comprehensive mandate can serve the long term interests of the international community’s objective to efficiently promote, protect, and fulfil human rights in a war-torn society. UN Territorial Administration and Human Rights provides a detailed critical legal analysis of one of the major UN administrations of territory after the Cold War, namely, the UN administration of Kosovo from 1999 to 2008. The analysis in this book will be beneficial to international law and international relations scholars and students, as well as policymakers and persons working for international organisations. The analysis and the lessons learned through this study shed light on the challenges entailed in governing territories and rebuilding state institutions while upholding the rule of law and ensuring respect for human rights.
Download or read book Post conflict Administrations in International Law written by Eric de Brabandere and published by BRILL. This book was released on 2009-04-24 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of international administrations of territory, in which comprehensive administrative powers are exercised by, on behalf of or with the agreement of the United Nations has recently re-emerged in the context of reconstructing (parts of) states after conflict. Although in Kosovo and East Timor, the UN was endowed with wide-ranging executive and legislative powers, in the subsequent operations in Afghanistan it was decided, to principally rely on local capacity with minimal international participation, and in Iraq, administrative power was exercised by the occupying powers. The objectives are however very similar. This work first delineates the origins of the granting of administrative functions to international actors, and analyses the context in which it has resurfaced, namely post-conflict peace-building or reconstruction. Secondly, the book methodically establishes the legal framework applicable to post-conflict administrations and peace-building operations, by taking into account the post-conflict scenario in which they operate. Based on these two analyses, an enquiry into the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq is undertaken, to analyse and understand the influence of the international legal framework and the different approaches on the implementation of the mandates. Finally, the book concludes with an analysis of questions on exit strategies, local ownership, the internationalisation of domestic institutions, and the need for a comprehensive approach towards post-conflict reconstruction.
Download or read book The Legal Status of Territories Subject to Administration by International Organisations written by Bernhard Knoll and published by Cambridge University Press. This book was released on 2008-06-12 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international community's practice of administering territories in post-conflict environments has raised important legal questions. Using Kosovo as a case study, Bernhard Knoll analyses the identity of the administrating UN organ, the ways in which the territories under consideration have acquired partial subjectivity in international law and the nature of legal obligations in the fiduciary exercise of transitional administration developed within the League of Nations' Mandate and the UN Trusteeship systems. Knoll discusses Kosovo's internal political and constitutional order and notes the absence of some of the characteristics normally found in liberal democracies, before proposing that the UN consolidates accountability guidelines related to the protection of human rights and the development of democratic standards should it engage in the transitional administration of territory.
Download or read book The International Law of Occupation written by Eyal Benvenisti and published by OUP Oxford. This book was released on 2012-02-23 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.
Download or read book International Status in the Shadow of Empire written by Cait Storr and published by Cambridge University Press. This book was released on 2020-09-17 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new account of Nauru's imperial history and examines its significance in the history of international law.
Download or read book The Law and Practice of the United Nations written by Benedetto Conforti and published by Brill Nijhoff. This book was released on 2010 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised and updated, The Law and Practice of the United Nations provides an analysis of the main legal issues surrounding the United Nations' practice, including a thorough discussion of Chapter VII of the Charter and its interpretation.
Download or read book International Territorial Administration written by Ralph Wilde and published by . This book was released on 2008 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a treatment of the reasons why international organisations have engaged in territorial administration, this work describes the role of international territorial administration and analyses the purposes associated with this activity.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2015 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
Download or read book The Oxford Guide to Treaties written by Duncan B. Hollis and published by Oxford University Press, USA. This book was released on 2012-08-09 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: Giving an overview of the current state of the law and practice in relation to treaties, this edited work is an essential reference for practitioners and legal advisers involved in treaty negotiations or the interpretation of treaties. It also reflects on the current areas of disagreement or ambiguity.
Download or read book Territorial Leasing in Diplomacy and International Law written by Michael J. Strauss and published by BRILL. This book was released on 2015-05-19 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Territorial Leasing in Diplomacy and International Law focuses on an unexplored but relatively common practice in which states reallocate their rights on territory without altering formal boundaries or resorting to definitive cessions. As products of diplomacy, leases address a frequent situation that, in extreme cases, can lead to war: the desire by more than one state to exercise sovereign authority in the same place. As instruments of international law, they paradoxically reinforce the territorial integrity of states while raising questions about the nature of their sovereignty. This book draws from a large number of leases to examine the practice from historic to modern times, describing their elements in detail and assessing them from both political and legal perspectives.
Download or read book Peoples and International Law written by James Summers and published by Martinus Nijhoff Publishers. This book was released on 2014-04-09 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peoples and International Law is a detailed survey of the law of self-determination with a focus on the concept of nations and peoples. It engages with different aspects of this law with particular emphasis on the drafting and implementation of international instruments. The second edition includes new coverage of the Declaration on the Rights of Indigenous Peoples and the African and Arab charters. It considers recent practice by the Human Rights Committee, Committee on Economic, Social and Cultural Rights and African Commission on Human and Peoples’ Rights dealing with the emerging political, economic and environmental aspects of the right. The book looks at the interaction of international law, nationalism and liberalism in theories of nationhood and self-determination, as well as, the historical development of the right and the decisions of international bodies. Lastly, it examines practice in this area, including new developments in remedial independence and international territorial administration.
Download or read book Constitution Making under UN Auspices written by Vijayashri Sripati and published by Oxford University Press. This book was released on 2020-01-16 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1949, United Nations Constitutional Assistance (UNCA) was conceived to promote the Western liberal constitution. This was colonial trusteeship. However, in 1960, as a step towards decolonization, the United Nations General Assembly rejected internationalized constitution-making, and, by extension, UNCA. All colonies acquired the right to draft their own constitutions without any international assistance. Nonetheless, in the same year, UNCA was revived and since then it has helped over 40 developing sovereign states to adopt the Western liberal constitution, for the aims of building peace, preventing conflict, and promoting good governance in these independent states. This book scrutinizes UNCA and its off-shoot, UN/International Territorial Administration (ITA), including their historical origins and revival from 1960 to 2019. Sripati argues that although the United Nations (UN) uses UNCA to help developing sovereign states secure debt relief, it undertakes UNCA to ‘modernize’ them with a view to ‘strengthen’ their supposedly weakened sovereignty. By doing so, the UN is seeking these states’ adoption of a Western liberal-style constitution, thus violating their right to self-determination. The book shows how UNCA sires and guides UN (legislative) assistance in all state-sectors: security, judicial, electoral, commercial, parliamentary, public administration, and criminal. Irrespective of UNCA’s benevolent motivations, such intrusive interventions impose the old forms of domination and perpetuate global inequality.
Download or read book Is International Law International written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.
Download or read book A Critical Introduction to International Criminal Law written by Carsten Stahn and published by Cambridge University Press. This book was released on 2019 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents theories, practices and critiques alongside each other to engage students, scholars and professionals from multiple fields. This title is also available as Open Access on Cambridge Core.
