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The Boundaries Of International Law

Author: Hilary Charlesworth
Publisher: Manchester University Press
ISBN: 9780719037399
Size: 73.29 MB
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The first book-length treatment of the application of feminist theories to international law.. Its central argument is that the absence of women in the development of international law has produced a narrow and inadequate jurisprudence that has legitimated the unequal position of women world-wide rather than confronted it.. Provides a feminist perspective on the structure, processes and substance of international law dealing with its sources, treaty law, the concept of statehood and the right of self-determination, the role of international institutions and the law of human rights.. They finally consider whether inclusion of women in the jurisdiction of international war crimes tribunals represents a significant shift in the boundaries of international law.. Aims to encourage a rethinking of the discipline of international law so that it can offer a more useful framework for international and national justice.

Boundaries Of The International

Author: Jennifer Pitts
Publisher: Harvard University Press
ISBN: 0674980816
Size: 10.88 MB
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It is commonly believed that international law originated in respectful relations among free and equal European states. But as Jennifer Pitts shows, international law was forged as much through Europeans' domineering relations with non-European states and empires, leaving a legacy visible in the unequal structures of today's international order.

The Contested Maritime And Territorial Boundaries Of Malaysia

Author: R. Haller-Trost
Publisher:
ISBN: 9789041196521
Size: 47.55 MB
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Malaysia exemplifies boundary problems faced by most countries throughout Southeast Asia. This work studies the origins of Malaysian maritime and territorial disputes. The main text is divided into two parts: The first examines the maritime claims arising from the publication of the Malaysian map issued in 1979. The second analyses five territorial disputes between Malaysia and its neighbours. The Contested Maritime and Territorial Boundaries of Malaysia explores the country's overlapping maritime claims in the Straits of Malacca and Singapore, the Gulf of Thailand, the South China Sea, the Sulu Sea, and the Celebes Sea. A comprehensive examination of Malaysia's territorial disputes with Indonesia, Singapore, Brunei, the Philippines, China, and Taiwan follows, including coverage of the complicated matter of ownership over the Spratly Islands. A detailed look at the historical context demonstrates the longevity and complexity of the legal issues involved in the present disputes. The work scrutinizes the claims made under prevailing international law principles and examines the present level of dispute resolution. The first extensive study of its kind and an important addition to the International Boundary Studies Series, The Contested Maritime and Territorial Boundaries of Malaysia includes a chronological list of the main treaties, legislation, and related documents concerning the disputes discussed; an extensive bibliography of publications regarding the issues raised; and 23 maps, making it the most comprehensive reference work available on this subject.

Boundaries And Secession In Africa And International Law

Author: Dirdeiry M. Ahmed
Publisher: Cambridge University Press
ISBN: 1316453804
Size: 10.17 MB
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This book challenges a central assumption of the international law of territory. The author argues that, contrary to the finding in the Frontier Dispute case, uti possidetis is not a general principle of law enjoining states to preserve pre-existing boundaries on state succession. It demonstrates that African state practice and opinio juris gave rise to customary rules that govern sovereign territory transfer in Africa. It explains that those rules changed international law as it relates to Africa in many respects, leading chiefly to creating norms of African jus cogens prohibiting secession and the redrawing of boundaries. The book examines in-depth the singularity of secession in Africa exploring extensive state practice and case law. Finally, it advances a daring argument for a right to egalitarian self-determination, addressing people-to-people domination in multi-ethnic African states, to serve as an exception to the fast special customary rule against secession.

Africa

Author: Jeremy Levitt
Publisher: Bloomsbury Publishing
ISBN: 1847314171
Size: 54.11 MB
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The principal aim of this work is to provide a forum for leading international lawyers with experience and interest in Africa to address a broad range of intellectual challenges concerning the contribution of African states and peoples to international law. As such, the volume addresses orthodox topics of international law - such as jurisdiction and intervention - but tackles them from an African perspective, and seeks to ask whether, in each case, the African perspective is unique or affirms existing arrangements of international law. The book cannot come at a more important time. While international legal discourse has been captured by the challenge of terrorism since September 11, 2001, there are clear signs that other issues are returning to the fore. Political interest in Africa has undergone a global revival, and the OAU has been transformed into the African Union. Infrastructural challenges, along with those taking place in regional contexts, have effectively mapped a new politico-legal landscape for Africa. This, and more, is explored, and the key normative questions are addressed in a series of essays by leading Africanist scholars. 'This is a remarkable collection of essays that clearly and concisely demonstrates that Africa has and will continue to play a major role in fashioning new norms of international law and policy and contribute to its progressive development by affirming existing norms. Professor Levitt is to be commended for having the vision, leadership and intellectual prowess to produce this excellent text. The book signals a major shift from the study of Africa as a basket case to a normative market place.' Akua Kuenyehia, Vice President, International Criminal Court 'Professor Levitt's work, Africa: Mapping New Boundaries in International Law, is pathbreaking in the true sense of that word. Through old and new voices, it excavates the singular contributions of Africa to a discipline that is marked by Eurocentrism and imperial aspirations. The authors, taking their cue from the indefatigable and insightful Professor Levitt, establish beyond a shadow of a doubt the enormity of the normative contributions that Africa has made to international law. The book must therefore be seen as a defining contribution to the multiculturalization of international law. It is for this reason that Professor Levitt is among the most important American academics working and thinking in international law today.' Makau Mutua, Interim Dean, SUNY Distinguished Professor, State University of New York Buffalo Law School

International Frontiers And Boundaries

Author: J. R. John Robert Victor Prescott
Publisher: Martinus Nijhoff Publishers
ISBN: 9004167854
Size: 74.18 MB
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International frontiers and boundaries separate land, rivers and lakes subject to different sovereignties. Frontiers are "zones" of varying widths and they were common many centuries ago. By 1900 frontiers had almost disappeared and had been replaced by boundaries that are lines. The divisive nature of frontiers and boundaries has formed the focus of inter-disciplinary studies by economists, geographers, historians, lawyers and political scientists. Scholars from these disciplines have produced a rich literature dealing with frontiers and boundaries. The authors surveyed this extensive literature and the introduction reveals the themes which have attracted most attention. Following the introduction the book falls into three sections. The first section deals systematically with frontiers, boundary evolution and boundary disputes. The second section considers aspects of international law related to boundaries. It includes chapters dealing with international law and territorial boundaries, maps as evidence of international boundaries and river boundaries and international law. The third section consists of seven regional chapters that examine the evolution of boundaries in the Americas, the Middle East, Africa, Asia, Europe, islands off Southeast Asia and Antarctica.

The Oxford Handbook On The Sources Of International Law

Author: Jean d'Aspremont
Publisher: Oxford University Press
ISBN: 0198745362
Size: 60.95 MB
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The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? These traditional questions bear on at least two different levels of understanding. First, how are international norms validated as rules of international "law", i.e. legally binding norms? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook on the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. Thisandbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.

International Law And Its Others

Author: Anne Orford
Publisher: Cambridge University Press
ISBN: 1139460390
Size: 41.92 MB
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Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.

Empire Emergency And International Law

Author: John Reynolds
Publisher: Cambridge University Press
ISBN: 1316781100
Size: 58.85 MB
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What does it mean to say we live in a permanent state of emergency? What are the juridical, political and social underpinnings of that framing? Has international law played a role in producing or challenging the paradigm of normalised emergency? How should we understand the relationship between imperialism, race and emergency legal regimes? In addressing such questions, this book situates emergency doctrine in historical context. It illustrates some of the particular colonial lineages that have shaped the state of emergency, and emphasises that contemporary formations of emergency governance are often better understood not as new or exceptional, but as part of an ongoing historical constellation of racialised emergency politics. The book highlights the connections between emergency law and violence, and encourages alternative approaches to security discourse. It will appeal to scholars and students of international law, colonial history, postcolonialism and human rights, as well as policymakers and social justice advocates.

Exploring The Boundaries Of International Criminal Justice

Author: Professor Mark Findlay
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409497577
Size: 32.25 MB
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This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.