Deconstructing Self Determination In International Law
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| Author | : Przemysław Tacik |
| Publisher | : BRILL |
| Total Pages | : 518 |
| Release | : 2023-07-17 |
| Genre | : Law |
| ISBN | : 9004680268 |
The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.
| Author | : Rafał Mańko |
| Publisher | : Taylor & Francis |
| Total Pages | : 276 |
| Release | : 2023-12-05 |
| Genre | : Law |
| ISBN | : 1003818862 |
This book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.
| Author | : |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 264 |
| Release | : 2024-03-18 |
| Genre | : Law |
| ISBN | : 9004691243 |
The aim of the Hague Yearbook of International Law is to offer a platform for review of new developments in the field of international law. In addition, it devotes attention to developments in the international law institutions based in the international City of Peace and Justice, The Hague. This Special Issue of Yearbook stems from a conference organised by the Maastricht University Study Group for Critical Approaches to International Law in April 2022. The conference, entitled 'Deconstructing International Law,' invited participants to reflect on and dismantle some of the foundational ideas of international law.
| Author | : Joshua Castellino |
| Publisher | : BRILL |
| Total Pages | : 310 |
| Release | : 2021-07-26 |
| Genre | : Law |
| ISBN | : 9004480897 |
The principle of self-determination has at heart the achievement of true representation and democracy based on the idea that the consent of the governed alone can give government legitimacy. The principle was primarily responsible for the decolonisation process that shaped our current international community. `Self-determination' has been used in equal rhetorical brilliance by a number of leaders - some meritorious, with a genuine concern for human emancipation, others dubious, with ascendancy to power at the heart of their project. In any case, `self-determination' has come to mean different things in different contexts. Being a vital principle, especially in the post-colonial state, it is one factor that represents a threat to world order while at the same time holding out the promise of longer-term peace and security based on values of democracy, equity and justice. This book looks at the intricacies of the norm in its current ambiguous manifestation and seeks to deconstruct it with regard to three particularly inter-related discourses: that of minority rights, statehood and sovereignty, and the doctrine of uti possidetis which shaped the modern post-colonial state. These norms are then analysed further within two case studies. One, concerning the creation of Bangladesh where `self-determination' was achieved. The second, examines the situation in the Western Sahara where `self-determination' (whatever its manifestation) is yet to be expressed. In the course of these case studies we seek to highlight the problematic nature of `national identity' and the `self' in settings far removed from post-Westphalian Europe.
| Author | : Sundhya Pahuja |
| Publisher | : Cambridge University Press |
| Total Pages | : 319 |
| Release | : 2011-09-29 |
| Genre | : Law |
| ISBN | : 1139502069 |
The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.
| Author | : Sergey Sayapin |
| Publisher | : Springer |
| Total Pages | : 465 |
| Release | : 2018-09-08 |
| Genre | : Law |
| ISBN | : 9462652228 |
Written by a team of international lawyers from Europe, Asia, Africa, and the Caribbean,this book analyses some of the most significant aspects of the ongoing armed conflictbetween the Russian Federation and Ukraine. As challenging as this conflict is for the international legal order, it also offers lessonsto be learned by the States concerned, and by other States alike. The book analysesthe application of international law in this conflict, and suggests ways for this law’sprogressive development. It will be useful to practitioners of international law working at national Ministriesof Defence, Justice, and Foreign Affairs, as well as in Parliaments, to lawyers ofinternational organizations, and to national and international judges dealing withmatters of public international law, international humanitarian law and criminal law.It will also be of interest to scholars and students of international law, and to historiansof international relations. Sergey Sayapin is Assistant Professor in International and Criminal Law at the Schoolof Law of the KIMEP University in Almaty, Kazakhstan. Evhen Tsybulenko is Professor of Law at the Department of Law of the Tallinn Universityof Technology in Tallinn, Estonia.
| Author | : Cosmin Cercel |
| Publisher | : Taylor & Francis |
| Total Pages | : 273 |
| Release | : 2024-10-14 |
| Genre | : Law |
| ISBN | : 1040152554 |
Following the 100th anniversary of Pashukanis’ General Theory of Law and Marxism (1924), this volume aims to breathe new life into the main category of Pashukanian legacy, the concept of legal form. This book offers new, deeper and more general, ways in which the concept of legal form can be used to push forward Marxist – post-Marxist or hauntingly Marxist – legal theory. Accordingly, this book does not pledge allegiance to reconstructing and reconsidering the official interpretative legacy of the legal form. Instead, it mobilises the revolutionary conceptual potentialities that this term contains. When investigated thoroughly, and in many dimensions, the legal form becomes a privileged vantage point not only into the greatest law-related riddles of Marxism (such as the relation between economy and the state or withering away of statal apparatuses), but the whole of modernity as the epoch determined by – if not overlapping with – capitalism. This book aims to think with the legal form rather than explain this concept. In so doing, it offers a panoply of theoretical perspectives that address legal subjectivity, abstraction, autonomy of the law and, last but not least, withering away of the law. This contemporary interrogation of the relevance of the concept of legal form will be of considerable interest to scholars and students of legal and political theory.
| Author | : Loqman Radpey |
| Publisher | : Taylor & Francis |
| Total Pages | : 324 |
| Release | : 2023-12-05 |
| Genre | : Law |
| ISBN | : 100382238X |
Kurdistan is among the world’s most notorious cases of self-determination denied, and the reasons why this outcome remains unachieved reveal as much about the biases of international law as they do about the merits of the case for Kurdistan. On the centenary of the Treaty of Lausanne, 24 July 1923, the last of the international instruments establishing the new international order after World War I, this book explores the potential blind spots of international law regarding its differential application in the Middle East. Tracing self-determination over the past century, the work explores how the law applies to Kurdish aspirations and to what extent the Kurds can rely upon the current law of self-determination to achieve internationally recognised statehood. The book offers an exhaustive historico-legal analysis of changing international legal concepts and geopolitical upheaval, providing a blueprint for Kurdish selfdetermination in international law. Shedding light on the law’s structural biases, it represents a comprehensive historico-legal account of Kurdish aspirations for territorial independence within international law literature, offering a guide to relevant legal problems. It will be of interest to students and academics focused on international law, specifically, peoplehood, statehood, secession, human rights law, political science, and anthropology. Moreover, policymakers, government officials working in peace and conflict, research and advocacy institutes, think tanks, as well as scholars of international relations, historians, political scientists, regional specialists, diplomats, and non-governmental organisation activists will find it a useful reference. The book also illuminates the human rights status of the Kurds in their host states, making it relevant to scholars and activists. Its findings have implications extending beyond Kurdistan to self-determination struggles in Scotland, Catalonia, Ukraine, and elsewhere.
| Author | : Hikaru Yamashita |
| Publisher | : Taylor & Francis |
| Total Pages | : 230 |
| Release | : 2017-07-05 |
| Genre | : Law |
| ISBN | : 1351929488 |
The creation of safe areas poses a number of difficult challenges to the spatial and normative organization of contemporary international politics. As a result, academics, practitioners and NGOs alike will find the case studies in this informative book essential reading. Hikaru Yamashita firstly looks at the case of northern Iraq after the first Iraqi war, where safe areas represented a major departure from the conventional notion. The different understandings of the Srebrenica safe areas, especially with regard to the role of security, are also assessed to ascertain how they eventually destroyed this humanitarian space. A much-needed account of the extent to which humanitarian space, intended as shelter in response to Rwandan genocide, consequently destabilized the area and provided cover for the genocideurs is additionally provided. This well-researched book, through the prism of safe areas, allows a measured assessment to be made of the place of human rights and humanitarianism in the contemporary world.
| Author | : Michael E. Goodhart |
| Publisher | : Oxford University Press |
| Total Pages | : 527 |
| Release | : 2016 |
| Genre | : Political Science |
| ISBN | : 0198708769 |
Human Rights: Politics and Practice is the most complete, most topical, and most student-friendly introduction to human rights. Bringing together a range of international experts including political scientists, philosophers, lawyers, and policy-makers, the book provides students with a broad range of perspectives on the theoretical and practical issues in this constantly evolving field. In addition to in-depth theoretical content, the book also features unrivalled coverage of human rights issues in practice, with a wide range of case studies to explore concrete examples from around the world. The third edition has been brought fully up-to-date with the most recent events and latest research developments in the area. Two new chapters have been added: one on religion and human rights, and one on sexual orientation and gender issues and human rights, introducing students to these important topics and expanding the theoretical and practical discussion of issues of universalism and relativism. The new edition also features a range of carefully developed pedagogical features to aid student learning, encourage critical analysis, and challenge students to question their own assumptions. The book is accompanied by an Online Resource Centre to enhance students' learning and provide valuable support for lecturers. For students: - Revise key terms with a flashcard glossary - Take your learning further with links to key human rights documents - Use carefully selected web links as a first step towards independent research For registered lecturers: - Enhance your seminars with a specially developed active learning exercise - Use adaptable PowerPoint slides as the basis for lecture presentations, or as handouts in-class - Save time preparing assessments with a fully updated test bank of questions
