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Author: Steve Terrett Publisher: Routledge ISBN: 1351762869 Category : Law Languages : en Pages : 369
Book Description
This title was first published in 2000: Yugoslavia’s dissolved at a time when rhetoric of the New World Order was firmly established in legal and political discourse. Nevertheless, the largely positive appraisal of international law’s response to the Iraq - Kuwait conflict has not been mirrored in relation to Yugoslavia. This book evaluates the peace-making efforts of the major institutional actors, whilst focusing specifically on the Badinter Arbitration Commission, an ad hoc EC-created organ required to provide legal advice on the issues surrounding Yugoslavia’s dissolution. Initially composed of constitutional lawyers, aiming to redraft Yugoslavia’s constitution, the Commission soon faced problems of public international law. Its’ jurisprudence challenges international lawyers to reassess their state-centric conceptions of international law in a world where most conflicts, war crimes and human-rights abuses exist within rather than between States. This book is vital reading for anyone interested in international law, international relations, politics and central/eastern European studies.
Author: Steve Terrett Publisher: Routledge ISBN: 1351762869 Category : Law Languages : en Pages : 369
Book Description
This title was first published in 2000: Yugoslavia’s dissolved at a time when rhetoric of the New World Order was firmly established in legal and political discourse. Nevertheless, the largely positive appraisal of international law’s response to the Iraq - Kuwait conflict has not been mirrored in relation to Yugoslavia. This book evaluates the peace-making efforts of the major institutional actors, whilst focusing specifically on the Badinter Arbitration Commission, an ad hoc EC-created organ required to provide legal advice on the issues surrounding Yugoslavia’s dissolution. Initially composed of constitutional lawyers, aiming to redraft Yugoslavia’s constitution, the Commission soon faced problems of public international law. Its’ jurisprudence challenges international lawyers to reassess their state-centric conceptions of international law in a world where most conflicts, war crimes and human-rights abuses exist within rather than between States. This book is vital reading for anyone interested in international law, international relations, politics and central/eastern European studies.
Author: Peter Radan Publisher: Routledge ISBN: 1134525451 Category : Political Science Languages : en Pages : 288
Book Description
The demise of the former Yugoslavia was brought about by various secessionist movements seeking international recognition of statehood. This book provides a critical analysis from an international law perspective of the break-up of Yugoslavia. Although international recognition was granted to the former Yugoslav republics of Slovenia, Croatia, Bosnia-Hercegovina and Macedonia, the claims of secessionist movements that sought a revision of existing internal federal borders were rejected. The basis upon which the post-secession international borders were accepted in international law involved novel applications of international law principles of self-determination of peoples and uti possidetis. This book traces the developments of these principles, and the historical development of Yugoslavia's internal borders.
Author: Snežana Trifunovska Publisher: Martinus Nijhoff Publishers ISBN: 9780792326700 Category : Political Science Languages : en Pages : 1110
Book Description
This book contains more than 360 documents relevant to the international legal position of the Yugoslav territories in the 19th century, the creation of Yugoslavia as a common state of the Serbs, Croats and Slovenes, 1918, its constitutional development, and the process of dissolution of Yugoslavia and the creation of the new states of Slovenia, Croatia, Bosnia and Herzegovina, Macedonia and the Federal Republic of Yugoslavia. It includes documents from the beginning of the 19th century showing the international legal position of the Yugoslav territories under the Austro-Hungarian and Ottoman Empires, the independence of Serbia and Montenegro, recognized by the Treaty of Berlin, 1878, and the major events in the history of the creation of Yugoslavia as a joint state of the Serbs, Croats and Slovenes, in 1918, concerning both its international position and its constitutional organization. The process of the dissolution of the Socialist Federal Republic of Yugoslavia (covering the period from 1990 to September 1, 1993) is presented through reproduced documents of international organizations (United Nations, European Community, Western European Union, Organization of Islamic Conference, etc.), of the different conferences and forums (CSCE, Group of Seven, etc.) and documents issued by Yugoslav organs and the organs of new states of the former Yugoslavia. The book also includes documents of a constitutional nature concerning the creation of the new states of Slovenia, Croatia, Macedonia and the Federal Republic of Yugoslavia. It provides researchers in the field of international law, political science of history with documentary information involving international legal and constitutional aspects relating to Yugoslavia.
Author: Dimitry Kochenov Publisher: Cambridge University Press ISBN: 1107033330 Category : Law Languages : en Pages : 399
Book Description
A collection of essays constructs and analyses a new approach in which the European Union is perceived as an active co-creator of the international legal order in a variety of arenas.
Author: Mikulas Fabry Publisher: OUP Oxford ISBN: 0191609854 Category : Political Science Languages : en Pages : 272
Book Description
This book examines recognition of new states, the practice historically employed to regulate membership in international society. The last twenty years have witnessed new or lingering demands for statehood in different areas of the world. The claims of some, like those of Bosnia and Herzegovina, Eritrea, Croatia, Georgia and East Timor, have achieved general recognition; those of others, like Kosovo, Tamil Eelam, South Ossetia, Abkhazia and Somaliland, have not. However, even as most of these claims gave rise to major conflicts and international controversies, the criteria for acknowledgment of new states have elicited little systematic scholarship. Drawing upon writings of English School theorists, this study charts the practice from the late eighteenth century until the present. Its central argument is that for the past two hundred years state recognition has been tied to the idea of self-determination of peoples. Two versions of the idea have underpinned the practice throughout most of this period - self-determination as a negative and a positive right. The negative idea, dominant from 1815 to 1950, took state recognition to be acknowledgment of an achievement of de facto statehood by a people desiring independence. Self-determination was expressed through, and externally gauged by, self-attainment. The positive idea, prevalent since the 1950s, took state recognition to be acknowledgment of an entitlement to independence in international law. The development of self-determination as a positive international right, however, has not led to a disappearance of claims of statehood that stand outside of its confines. Groups that are deeply dissatisfied with the countries in which they presently find themselves continue to make demands for independence even though they may have no positive entitlement to it. The book concludes by expressing doubt that contemporary international society can find a sustainable basis for recognizing new states other than the original standard of de facto statehood.
Author: Ralph Wilde Publisher: Oxford University Press ISBN: 0199577897 Category : Language Arts & Disciplines Languages : en Pages : 641
Book Description
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.
Author: James Summers Publisher: Martinus Nijhoff Publishers ISBN: 9004154914 Category : Law Languages : en Pages : 513
Book Description
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.
Author: Miodrag Jovanović Publisher: Eleven International Publishing ISBN: 9077596534 Category : Multiculturalism Languages : en Pages : 209
Book Description
Disputes about sovereignty mainly arise in those cases where fundamental rights are infringed, or democratic participation denied, on account of the citizens' membership in certain ethno-cultural minority groups. Moreover, the fact that serious challenges to sovereignty can be detected even in ethno-culturally diverse polities, which by all standards qualify as fairly just liberal-democracies, can only mean that the complex relationship between sovereignty and the diversity challenge is in need of serious consideration and analysis. By observing sovereignty and diversity through the lens of a broader liberal-democratic doctrine, this book sets out plausible strategies to cope with the problems that evolve from this issue. Sovereignty and Diversity is divided into three parts. In Part I, various normative theories of secession are evaluated both in relation to philosophy and to political science. Furthermore, the value and possible role of the uti possidetis principle is discussed. Part II addresses the value of various other methods to accommodate population diversity as means to solve disputes over sovereignty - namely multiculturalism, federalism, and decentralization, as well as minority rights. Finally, Part III groups together three case studies - the first two dealing with the secession and partition theme, while the last one shows the potential of other, less controversial means to address tensions about sovereignty. This volume is a collection of updated papers presented at the University of Belgrade in July 2005, at the international conference "Legal and Political Solution to Disputes over Sovereignty - From Kosovo to Quebec."
Author: Hurst Hannum Publisher: Lexington Books ISBN: 9780739114339 Category : Language Arts & Disciplines Languages : en Pages : 180
Book Description
Living in the age of American 'hyperpower' the relevance of both international law and conflict resolution have been called into question. Hannum and Babbitt, highly respected practitioners in these respective fields, have collected a series of experts to examine the relationship between these two disciplines. Focusing on self-determination, a particularly thorny issue of international law, Negotiating Self-Determination takes an in-depth look at what an understanding of conflict analysis can bring to this field and the impact that international legal norms could potentially have on the work of conflict resolvers in self-determination conflicts. Allen Buchanan's philosophical writings consider the goals of secessionists, Erin Jenne uses quantitative analysis to explain the conditions under which secessionist movements come into existence, and Anke Hoeffler and Paul Collier study the economic basis for secessionist movements. This well-researched volume looks beyond the international law and policy fields of the editors to philosophy, anthropology, political science, and economy to assist in gaining a more complete understanding of self-determination and conflict prevention.
Author: Steve Terrett
Author: Steve Terrett
Author: Peter Radan
Author: Snežana Trifunovska
Author: Enver Hasani
Author: Dimitry Kochenov
Author: Mikulas Fabry
Author: Ralph Wilde
Author: James Summers
Author: Miodrag Jovanović
Author: Hurst Hannum