Self-Determination, Statehood, and the Law of Negotiation

Self-Determination, Statehood, and the Law of Negotiation
Author: Robert P. Barnidge, Jr.
Publisher: Bloomsbury Publishing
Total Pages: 247
Release: 2016-01-28
Genre: Law
ISBN: 1509902414

From the Madrid Invitation in 1991 to the introduction of the Oslo process in 1993 to the present, a negotiated settlement has remained the dominant leitmotiv of peacemaking between Israel and the Palestinian people. That the parties have chosen negotiations means that either side's failure to comply with its obligation to negotiate can result in an internationally wrongful act and, in response, countermeasures and other responses. This monograph seeks to advance our understanding of the international law of negotiation and use this as a framework for assessing the Israeli–Palestinian dispute, with the Palestinian people's unsuccessful attempt to join the United Nations as a Member State in autumn 2011 and the successful attempt to join the same institution as a non-Member Observer State in November 2012 providing a case study for this. The legal consequences of these applications are not merely of historical interest; they inform the present rights and obligations of Israel and the Palestinian people. This work fills a significant gap in the existing international law scholarship on the Israeli–Palestinian dispute, which neither engages with this means of dispute settlement generally nor does so specifically within the context of the Palestinian people's engagements with international institutions. 'Based on primary research, this book explores materials that were not analyzed before. It treats a highly political issue with scientific objectivity that strikes a balance between various points of view. The book will be an essential reading to all those involved in peace studies, international negotiations and Israeli-Palestinian conflict'. Mutaz M Qafisheh, Associate Professor of International Law, Hebron University. 'A compelling and innovative account of the legal aspects of the Palestinian-Israeli conflict: a must read.' Efraim Karsh, King's College London and Bar-Ilan University, author of Palestine Betrayed. 'A superbly imagined and executed study on Palestine that puts the 'negotiation imperative' at the heart of its narrative, fully interrogating the involvement of public international law at each step of the long and layered history that is vigorously brought to life in these pages. A study that also promises texture, nuance, and depth to the legal analysis it offers-and it delivers handsomely on each of these fronts.' -Dino Kritsiotis, Chair of Public International Law & Head of the International Humanitarian Law Unit, University of Nottingham.

Former Yugoslavia Through Documents

Former Yugoslavia Through Documents
Author: Snezana Trifunovska
Publisher: Martinus Nijhoff Publishers
Total Pages: 1394
Release: 1999-05
Genre: Law
ISBN: 9004639829

From the end of the 1980s and beginning of the 1990s onwards, the world's attention has been occupied with the events which eventually led to the dissolution of the Socialist Federal Republic of Yugoslavia and to the creation of five independent and sovereign states. Apart from the humanitarian disaster and the devastated economies of the countries created on the territory of the former Yugoslavia, it brought some important issues of international law to the forefront, and provided the impetus for some new and rapid developments. The book is an epilogue to the first, very successful, collection Yugoslavia through Documents: from its creation to its dissolution, published by Martinus Nijhoff Publishers in 1994. However, because of the complexity of the issues in the political, military, humanitarian and legal fields, its structure is different. The book is divided into an Introduction and nine Parts, each of them dealing with specific issues and containing, where appropriate, the Editor's note, comment or additional information. These two volumes constitute an absolutely essential collection for all research libraries.

Neutrality in Contemporary International Law

Neutrality in Contemporary International Law
Author: James Upcher
Publisher: Oxford University Press
Total Pages: 273
Release: 2020-04-30
Genre: Law
ISBN: 0191060283

The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.

Reforming the UN Security Council Membership

Reforming the UN Security Council Membership
Author: Sabine Hassler
Publisher: Routledge
Total Pages: 346
Release: 2013
Genre: Law
ISBN: 0415505909

This book places the discussion on reform of the Security Council membership in the context of its primary responsibility at the helm of the UN collective security system.

International Law and the War with Islamic State

International Law and the War with Islamic State
Author: Saeed Bagheri
Publisher: Bloomsbury Publishing
Total Pages: 217
Release: 2021-07-15
Genre: Law
ISBN: 1509950524

Armed non-state actors (ANSAs) often have economic aims that international law needs to respond to. This book looks at the aim of Islamic State to create an effective government, with an economically independent regime, which focused on key oilfields in Syria and Iraq. Having addressed Islamic State's quest for energy resources in Iraq and Syria, the book explores the lawfulness of the war with Islamic State from a variety of legal aspects. It has been attempted to make inroads into the most controversial aspects of contradictions in the application of jus ad bellum and jus in bello, particularly when discussing the use of extraterritorial armed force against ANSAs, and the obligation to protect civilian objects, including the natural environment. The question is whether the targeting of energy resources should be regarded as a violation of the laws of armed conflict, even though the war with Islamic State being classified as a non-international armed conflict. Ambitious in scope, the study argues that legal theory and state practice are still problematic as to how and under what conditions states can justify resorting to military force in foreign territory, and to what extent they can target natural resources as being part of state property. Furthermore, it goes on to examine the differences between international and non-international armed conflicts, to establish whether there is any difference in the targeting of energy resources as part of the war-sustaining capabilities of either party. Through an examination of the Islamic State case, the book offers a comprehensive study to close the gaps in jus in bello by contextualising the questions of civilian protection, victimisation and state responsibility by evaluating the US's war-sustaining theory as a justification for the destruction of a territorial state's natural resources that are occupied by ANSAs.

Annual Review of United Nations Affairs

Annual Review of United Nations Affairs
Author: Clyde Eagleton
Publisher:
Total Pages: 580
Release: 1994
Genre:
ISBN:

Contains the proceedings of the 1st- Institute for Annual Review of United Nations Affairs, New York University, 1949-

UNDEX

UNDEX
Author: United Nations
Publisher:
Total Pages: 570
Release: 1976
Genre:
ISBN: