Re-Defining Legitimate Statehood

Re-Defining Legitimate Statehood
Author: Obiora Chinedu Okafor
Publisher: BRILL
Total Pages: 247
Release: 2021-10-18
Genre: Law
ISBN: 9004482482

The purpose of this volume is dual. The first is to provide information about the question of the role that doctrines and practices of international law have played in the emergence and persistence of the phenomenon of socio-cultural fragmentation, and therefore of inter-group conflict, within African states. The second is to provide original thought about the ways in which, prompted by the emergent turn in our time to minority and group rights, international law and multilateral African states have begun the long journey toward modifying those doctrines and practices that have led to such unfortunate results, and have thereby begun to make very valuable contributions to the effort to prevent and/or reduce the incidence of inter-group strife in specific African contexts. The book is not, however, limited in scope by its utilisation of Africa as a case study. The book's core is based on analysis of traditional and contemporary international legal doctrines and practices, their effects in specific contexts, as well as on the role of multilateral institutions in the prevention of internecine conflict within established states. It is hoped that, with the use of African states as case studies, the book will be a contribution to the advancement of scholarly knowledge regarding the general question of the relationship among the doctrines of international law, the activities of multilateral institutions, and the management of the problems of fragmentation and internecine strife within established states the world over. This volume is relevant to international lawyers, specialists in international politics, diplomats, theorists, minority and group rights scholars, historians, and human rights activists in general. It is particularly relevant to the African studies specialist, the statesman and the diplomat.

Effective Governance Under Anarchy

Effective Governance Under Anarchy
Author: Tanja A. Börzel
Publisher: Cambridge University Press
Total Pages: 381
Release: 2021-04-08
Genre: Business & Economics
ISBN: 1107183693

Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.

International Law in Domestic Courts

International Law in Domestic Courts
Author: André Nollkaemper
Publisher:
Total Pages: 769
Release: 2018
Genre: Law
ISBN: 0198739745

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.

Self-Determination and Secession in International Law

Self-Determination and Secession in International Law
Author: Christian Walter
Publisher: OUP Oxford
Total Pages: 474
Release: 2014-06-05
Genre: Law
ISBN: 0191006920

Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.

A Sociology of Transnational Constitutions

A Sociology of Transnational Constitutions
Author: Chris Thornhill
Publisher: Cambridge University Press
Total Pages: 920
Release: 2019-10-24
Genre: Law
ISBN: 1316715140

This volume focuses on the rise of transnational constitutional laws, primarily created by the interaction between national and international courts, and by the domestic transformation of international law. Through detailed analysis of patterns of institutional formation at key historical junctures in a number of national societies, it examines the social processes that have locked national states into an increasingly transnational constitutional order, and it explains how the growth of global constitutional norms has provided a stabilizing framework for the functions of state institutions. The book adopts a distinctive historical-sociological approach to these questions, examining the deep continuities between national constitutional law and contemporary models of global law. The volume makes an important contribution to the sociology of constitutional law, to the sociology of post-national legal processes, and to the sociology of human rights law. This title is also available as Open Access.

Decolonizing Law

Decolonizing Law
Author: Sujith Xavier
Publisher: Routledge
Total Pages: 271
Release: 2021-05-24
Genre: Law
ISBN: 100039655X

This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.

State Failure, Sovereignty And Effectiveness

State Failure, Sovereignty And Effectiveness
Author: Gérard Kreijen
Publisher: Martinus Nijhoff Publishers
Total Pages: 405
Release: 2004
Genre: Law
ISBN: 9004139656

This comprehensive study of State failure upholds that the collapse of States in sub-Saharan Africa is a self-inflicted problem caused by the abandonment of the principle of effectiveness during decolonization. On the one hand, the abandonment of effectiveness may have facilitated the recognition of the new African States, but on the other it did lead to the creation of States that were essentially powerless: some of which became utter failures. Written in a style both provocative and unorthodox and using convincing arguments, this study casts doubt on some of the most sacred principles of the modern doctrine of international law. It establishes that the declaratory theory of recognition cannot satisfactorily explain the continuing existence of failed States. It also demonstrates that the principled assertion of the right to self-determination as the basis for independence in Africa has turned the notion of sovereignty into a formal-legal figment without substance. This book is a plea for more realism in international law. Pensive pessimists in the tradition of Hobbes will probably love it. Idealists in the tradition of Grotius may hate it, but they will find it very difficult to reject its conclusions.

The United Nations and Democracy in Africa

The United Nations and Democracy in Africa
Author: Zoë Wilson
Publisher: Routledge
Total Pages: 267
Release: 2007-11-21
Genre: History
ISBN: 1135862567

This book explores UN bureaucracy and the development dysfunction it sows in four 'most different' African countries: Angola, Botswana, Namibia, and Tanzania. Wilson's original purpose for researching this book was to uncover new solutions to some of the United Nations' most vexing implementation problems. Yet, as research unfolded, it became clear that the reasons for those problems lay tangled up in bureaucratic and philosophical quagmires of a much more fundamental nature. The United Nations and Democracy in Africa is the documentation not only of these bureaucratic and philosophical absurdities that find expression through development practice, but also the journey of the author from ardent defender of the UN to profound sceptic.

Unlawful Territorial Situations in International Law

Unlawful Territorial Situations in International Law
Author: Enrico Milano
Publisher: Martinus Nijhoff Publishers
Total Pages: 349
Release: 2006
Genre: Law
ISBN: 9004149392

This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law.The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.