Representing International Territorial Administration
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Author | : Ralph Wilde |
Publisher | : Oxford University Press |
Total Pages | : 641 |
Release | : 2010-09-30 |
Genre | : Language Arts & Disciplines |
ISBN | : 0199577897 |
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 | : Cait Storr |
Publisher | : Cambridge University Press |
Total Pages | : 321 |
Release | : 2020-09-17 |
Genre | : Law |
ISBN | : 1108498507 |
This book offers a new account of Nauru's imperial history and examines its significance in the history of international law.
Author | : Bernhard Knoll |
Publisher | : Cambridge University Press |
Total Pages | : 521 |
Release | : 2008-06-12 |
Genre | : Law |
ISBN | : 113947278X |
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.
Author | : Gjylbehare Bella Murati |
Publisher | : Routledge |
Total Pages | : 257 |
Release | : 2020-04-30 |
Genre | : Law |
ISBN | : 1351593234 |
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.
Author | : Aidan Hehir |
Publisher | : Routledge |
Total Pages | : 217 |
Release | : 2007-03-06 |
Genre | : Political Science |
ISBN | : 1134160208 |
This study brings together internationally renowned academics to provide a detailed insight into the theory and practice of state-building. State-building is one of the dominant themes in contemporary international relations. This text addresses both the theoretical logic behind state-building and key practical manifestations of this phenomenon. Unlike ‘how-to’ manuals that seek to identify best practice, this book interrogates the normative assumptions inherent in this practice and the manner in which state-building impacts on contemporary international relations. The logic of state-building is explored and analyzed providing insight into the historical context that catalyzed this process, the relationship between international law and the practice of international administration, and the political ramifications and implications of external governance. Case studies on Bosnia, Kosovo and East Timor provide practical examples of key contradictions within the state-building process, highlighting the lack of accountability, democracy and vision manifest in these operations. Offering a coherent critical analysis of an increasingly important international issue, State-Building will appeal to students and scholars of international relations, comparative politics and political theory.
Author | : Guy S. Goodwin-Gill |
Publisher | : Oxford University Press |
Total Pages | : 865 |
Release | : 2021 |
Genre | : Law |
ISBN | : 0198808569 |
Millions of people are today forced to flee their homes as a result of conflict, systematic discrimination, or other forms of persecution. The core instruments on which they must rely to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book, the leading text in the field, examines key challenges to the Convention such as the status of refugees, applications for asylum, and the international and domestic standards of protection. The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited fourth edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis. The books includes: analysis of internally displaced persons; so-called preventive protection; access to refugees; safety of refugees and relief personnel; the situation of refugee women and children; a detailed examination of the role of the UNHCR and the Palestinian situation; and an assessment of the protection possibilities (or lack of them) in the European Convention on Human Rights. This new edition has been expanded with coverage of forced migration and displacement as a result of disasters and climate change. It is once again an unmissable reference work for practitioners and students in the field.
Author | : D. Jacob |
Publisher | : Springer |
Total Pages | : 187 |
Release | : 2014-10-08 |
Genre | : Political Science |
ISBN | : 1137452579 |
Can foreign rule be morally justified? Since the end of the First World War, international transitional administrations have replaced dysfunctional states to create the conditions for lasting peace and democracy. In response to extreme state failure, the author argues, this form of foreign rule is not only justified, but a requirement of justice.
Author | : Antônio Augusto Cançado Trindade |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 753 |
Release | : 2013-06-17 |
Genre | : Law |
ISBN | : 9004255079 |
This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.
Author | : Emmanuel H. D. De Groof |
Publisher | : Routledge |
Total Pages | : 297 |
Release | : 2020-04-28 |
Genre | : Law |
ISBN | : 042961411X |
This volume examines the role of international law in shaping and regulating transitional contexts, including the institutions, policies, and procedures that have been developed to steer constitutional regime changes in countries affected by catalytic events. The book offers a new perspective on the phenomenon of conflict-related transitions, whereby societies are re-constitutionalized through a set of interim governance arrangements subject to variable degrees of internationalization. Specifically, this volume interrogates the relevance, contribution, and perils of international law for this increasingly widespread phenomenon of inserting an auxiliary phase between two ages of constitutional government. It develops a nuanced understanding of the various international legal discourses surrounding conflict- and political crisis-related transitional governance by studying the contextual factors that influence the transitional arrangements themselves, with a specific focus on international aspects, including norms, actors, and related forms of expertise. In doing so, the book builds a bridge between comparative constitutional law and international legal scholarship in the practical and highly dynamic terrain of transitional governance. This book will be of much interest to practitioners and students of international law, diplomacy, mediation, security studies, and international relations.
Author | : Selver B. Sahin |
Publisher | : Routledge |
Total Pages | : 182 |
Release | : 2015-07-16 |
Genre | : Political Science |
ISBN | : 1317674715 |
This book analyses the changing dynamics of sovereignty resulting from contemporary international state-building interventions. It aims to highlight how the exercise of ‘exceptional’ forms of power by intervening agencies impacts on the sovereign capacity of intervened states. Drawing upon in-depth analyses of three case studies – Kosovo, East Timor and the Kurdistan Regional Government, the book shifts the focus of the debate to the nature of contemporary intervention as an act of statemaking, and argues that foreign intervention changes the dynamics of political power upon which sovereignty is structured. At the same time, it reveals how intervention reproduces the imposed conditions of international state-making, thus permanently internalising external regulatory mechanisms. International intervention, in other words, becomes the constitutive element of governance in the newly created state. This book will be of much interest to students of statebuilding, war and conflict studies, global governance, security studies and IR.