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The Acquisition Of Territory In International Law With A New Introduction By Marcelo G Kohen

Author: R. Y. Jennings
Publisher: Oxford University Press
ISBN: 1526117185
Size: 34.55 MB
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"Unbelievably easy to read. Elegant and perspective, The acquisition of territory' examines the major issues relating to the acquisition of territory in international law in a stimulating, easily digestible yet enormously profound way' Malcolm N Shaw, University of Leicester Originally published by Manchester University Press in 1963, this book is now regarded as a classic of international law literature. R. Y. Jennings examines the major issues relating to the acquisition of territory in a stimulating and elegant manner, providing a sense of the critical relationship between law and politics on the international scene - vital if law is to be practiced and interpreted correctly. This reissue features a new introduction by Marcelo Kohen of the Graduate Institute of International and Development Studies, Geneva, contextualising the work and discussing its continued relevance to students of international law and international lawyers themselves. He is one of the leading experts on questions of acquisition of territory, having been involved in numerous territorial disputes before the International Court of Justice.

Territoriality And International Law

Author: Marcelo G. Kohen
Publisher:
ISBN: 9781783472383
Size: 53.21 MB
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The compilation of key articles and excerpts in this timely volume deals with the importance of territory for international law with regards to its relationship with power, state building and globalisation. The collection also analyses the evolution and s

International Law

Author: Donald R Rothwell
Publisher: Cambridge University Press
ISBN: 1108677215
Size: 55.30 MB
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Now in its third edition, International Law: Cases and Materials with Australian Perspectives remains an authoritative textbook on international law for Australian students. With a strong focus on Australian practice and interpretation, the text examines how international law is developed, implemented and interpreted within the international community and considers new and developing approaches within this field. This edition has been comprehensively updated to address recent developments in international law. The selection of cases and materials provides a thorough coverage of core areas and addresses a range of contemporary challenges, including climate change, human rights, nuclear proliferation and the South China Sea. A new chapter on international trade law reflects the growing importance of this body of law in Australian practice. Guiding commentary provides a rigorous analysis of key principles. Written by a team of experts with substantial experience in this field, International Law is an essential resource for students.

International Law

Author: Jan Klabbers
Publisher: Cambridge University Press
ISBN: 1107141559
Size: 26.86 MB
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The second edition of this landmark textbook in the teaching of international law, from one of the world's leading international lawyers.

Secession

Author: Marcelo G. Kohen
Publisher: Cambridge University Press
ISBN: 9780521849289
Size: 41.39 MB
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A comprehensive study of secession from an international law perspective.

Research Handbook On Territorial Disputes In International Law

Author: M. Kohen
Publisher:
ISBN: 9781782546863
Size: 80.34 MB
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Territorial disputes remain a significant source of tension in international relations, representing an important share of interstate cases brought before international tribunals and courts. Analysing the international law applicable to the assessment of territorial claims and the settlement of related disputes, this Research Handbook provides a systematic exposition and in-depth discussions of the relevant key concepts, principles, rules, and techniques. Combining extensive knowledge from across international law, Marcelo Kohen and Mamadou Hébié expertly unite a multinational group of contributors to provide a go-to resource for the settlement of territorial disputes. The different chapters discuss the process through which states establish sovereignty over a territory, and review the different titles of territorial sovereignty, the relation between titles and effectivités, as well as the relevance of state conduct. Select chapters focus on the impact of foundational principles of international law such as the principle of territorial integrity, the right of self-determination and the prohibition of the threat or use of force, on territorial disputes. Finally, technical rules that are crucial for the assessment of territorial claims, especially the techniques of intertemporal law and critical date, as well as evidentiary rules, are presented. An essential resource for practitioners, international law academics and public officials including judges and arbitrators, this Research Handbook is a highly original collection of scholarship and research on territorial disputes and their settlement.

Law On The Battlefield

Author: A.P.V. Rogers
Publisher: Oxford University Press
ISBN: 1847795013
Size: 42.77 MB
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The book explains the law relating to the conduct of hostilities and provides guidance on difficult or controversial aspects of the law. It covers who or what may legitimately be attacked and what precautions must be taken to protect civilians, cultural property or the natural environment. It deals with the responsibility of commanders and how the law is enforced. There are also chapters on internal armed conflicts and the security aspects of belligerent occupation. The author has taken the rules of the law of armed conflict, examined their historical origin and current exposition, dealt with problems of interpretation and application, and reached concluions about how they should be applied in practice. In doing so, he bridges the gap between the legal theory propounded in academic works and the actual condct of military operations as evidenced in military manuals or in practice. In its third edition, the book has been brought up to date in the light of recent conflicts, especially the occupation of Iraq by allied forces in the period 2003-04, the more recent judgments and opinions of the International Criminal Tribunal for the former Yugoslavia, the International Court of Justice and the European Court of Human Rights, the comprehensive work of the International Committee of the Red Cross with regard to customary international humanitarian law and the meaning of 'direct participation in hostilities', the Harvard University air and missile warfare project, the San Remo Manual on non-international armed conflicts, the UK Law of Armed Conflict Manual of 2004 and several excellent monographs. Written by a former military lawyer, the book will be of interest to military commanders, their staff and legal advisers but also to officials in Foreign and Defence Ministries and non governmental agencies working in conflict situations, as well as staff of international courts and tribunals dealing with war crimes. Previous editions have been recommended reading for students of international law at many universities in the United Kingdom and abroad.

Self Determination And Secession In International Law

Author: Christian Walter
Publisher: OUP Oxford
ISBN: 0191006920
Size: 54.42 MB
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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.

Animus

Author: William D. Araiza
Publisher: NYU Press
ISBN: 1479848808
Size: 34.63 MB
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An introduction to the legal concept of unconstitutional bias. If a town council denies a zoning permit for a group home for intellectually disabled persons because residents don’t want “those kinds of people” in the neighborhood, the town’s decision is motivated by the public’s dislike of a particular group. Constitutional law calls this rationale “animus.” Over the last two decades, the Supreme Court has increasingly turned to the concept of animus to explain why some instances of discrimination are unconstitutional. However, the Court’s condemnation of animus fails to address some serious questions. How can animus on the part of people and institutions be uncovered? Does mere opposition to a particular group’s equality claims constitute animus? Does the concept of animus have roots in the Constitution? Animus engages these important questions, offering an original and provocative introduction to this type of unconstitutional bias. William Araiza analyzes some of the modern Supreme Court’s most important discrimination cases through the lens of animus, tracing the concept from nineteenth century legal doctrine to today’s landmark cases, including Obergefell vs. Hodges and United States v. Windsor, both related to the legal rights of same-sex couples. Animus humanizes what might otherwise be an abstract legal question, illustrating what constitutes animus, and why the prohibition against it matters more today than ever in our pluralistic society.

War Crimes And Crimes Against Humanity In The Rome Statute Of The International Criminal Court

Author: Christine Byron
Publisher: Manchester University Press
ISBN: 1847796516
Size: 55.54 MB
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This book provides a critical analysis of the definitions of war crimes and crimes against humanity as construed in the Rome Statute of the International Criminal Court. Each crime is discussed from its origins in treaty or customary international law, through developments as a result of the jurisprudence of modern ad hoc or internationalised tribunals, to modifications introduced by the Rome Statute and the Elements of Crimes. The influence of human rights law upon the definition of crimes is discussed, as is the possible impact of State reservations to the underlying treaties which form the basis for the conduct covered by the offences in the Rome Statute. Examples are also given from recent conflicts to aid a 'real life' discussion of the type of conduct over which the International Criminal Court may take jurisdiction. This will be relevant to postgraduates, academics and professionals with an interest in the International Criminal Court and the normative basis for the crimes over which the Court may take jurisdiction.