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International Law and Boundary Disputes in Africa

International Law and Boundary Disputes in Africa Author Gbenga Oduntan
ISBN-10 9781135039554
Release 2015-06-26
Pages 410
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Africa has experienced a number of territorial disputes over land and maritime boundaries, due in part to its colonial and post-colonial history. This book explores the legal, political, and historical nature of disputes over territory in the African continent, and critiques the content and application of contemporary International law to the resolution of African territorial and border disputes. Drawing on central concepts of public international law such as sovereignty and jurisdiction, and socio-political concepts such as colonialism, ethnicity, nationality and self-determination, this book interrogates the intimate connection that peoples and nations have to territory and the severe disputes these may lead to. Gbenga Oduntan identifies the major principles of law at play in relation to territorial, and boundary disputes, and argues that the predominant use of foreign based adjudicatory mechanisms in attempting to deal with African boundary disputes alienates those institutions and mechanisms from African people and can contribute to the recurrence of conflicts and disputes in and among African territories. He suggests that the understanding and application of multidisciplinary dispute resolution mechanisms and strategies can allow for a more holistic and effective treatment of boundary disputes. As an in depth study into the legal, socio-political and anthropological mechanisms involved in the understanding of territorial boundaries, and a unique synthesis of an African jurisprudence of international boundaries law, this book will be of great use and interest to students, researchers, and practitioners in African and Public International Law, International Relations, and decision-makers in need of better understanding the settlement of disputes over territorial boundaries in both Africa and the wider world.



Asian Approaches to International Law and the Legacy of Colonialism

Asian Approaches to International Law and the Legacy of Colonialism Author Jin-Hyun Paik
ISBN-10 9780415679787
Release 2013
Pages 164
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"Since the conclusion of World War II, the legacy of militarism and colonialism in areas of Asia has left many unresolved conflicts, dividing parts of the region. This legacy has also contributed to the discourse of contemporary legal issues in the region, including territorial disputes, human rights, the environment, state responsibility, and international trade among others. This volume addresses salient international legal issues that flowed from the legacy of the region's historical experience with colonialism. The book specifically addresses topics including territorial boundary disputes, the law of the sea and maritime delimitation, international law and colonialism, responsibility to protect and international dispute resolution. This volume provides perspectives on these issues from prominent Asian legal scholars who analyze and discuss various ways in which international law and the international legal process can aid the resolution of these issues relevant to the region"--



International Investment Law and Policy in Africa

International Investment Law and Policy in Africa Author Fola Adeleke
ISBN-10 9781351998819
Release 2017-09-08
Pages 192
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This book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.



Demilitarization and International Law in Context

Demilitarization and International Law in Context Author Sia Spiliopoulou Åkermark
ISBN-10 9781351605526
Release 2018-04-24
Pages 130
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The demilitarisation and neutralisation of the Åland Islands is a confirmation of, and an exception to, the collective security system in present-day international affairs. Its core idea is that there is no need for military presence in the territory of the islands and that they are to be kept out of military activities. A restricted use of military force has a confidence building effect in cases where competing interests may be so intense that banning the very presence of military force remains the only viable option. The regime of the Åland Islands is the result of pragmatic and contingent political compromises. As such, the case of the Åland Islands offers an alternative trajectory to the increased militarisation we witness around the world today. Through parliamentary and archival materials, international treaties and academic works, the authors examine the legal rules and institutional structures of the demilitarisation regime. In this process they reassess core concepts of international law and international affairs, such as sovereignty and security, and introduce a theoretical view on the empirical case study of the Åland Islands. The book covers legal, political and policy discursive aspects of demilitarisation, international co-operation, defence and security matters around the Baltic Sea with a broader European and global relevance. It can be a source of inspiration for all those in search of constructive efforts that can address territorial disputes and security challenges.



Latin America and the International Court of Justice

Latin America and the International Court of Justice Author Paula Wojcikiewicz Almeida
ISBN-10 9781317511359
Release 2016-11-25
Pages 348
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This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.



International Dispute Resolution and the Public Policy Exception

International Dispute Resolution and the Public Policy Exception Author Farshad Ghodoosi
ISBN-10 9781317292838
Release 2016-06-10
Pages 164
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Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.



Routledge Handbook of the Law of Armed Conflict

Routledge Handbook of the Law of Armed Conflict Author Rain Liivoja
ISBN-10 9781136028885
Release 2016-04-28
Pages 721
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The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals Part II: Principle of distinction Part III: Means and methods of warfare Part IV: Special protection regimes Part V: Compliance and enforcement Part VI: Some contemporary issues Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.



Latin America and the International Court of Justice

Latin America and the International Court of Justice Author Paula Wojcikiewicz Almeida
ISBN-10 9781317511366
Release 2016-11-25
Pages 326
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This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.



African Union Law

African Union Law Author Olufemi Amao
ISBN-10 1138914940
Release 2018
Pages 216
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This book explores the emergence of African Union (AU) law as a legal order and its implications for existing order in the region. As an authoritative text on the development of AU law, the book covers such pertinent issues as legislative powers, competences, direct effect in AU law, subsidiarity, interventionism, and enforcement of laws. Olufemi Amao argues that there is a gradual movement from intergovernmentalism to supranationalism in the African Union legal order, and explores how this trajectory gradually and incrementally de-emphasises the discourse on nation state sovereignty; a concept that has caused many problems in the African context. Drawing upon EU law as a comparison, the book also examines how the development of supranationalism affects crucial issues such as human rights, democratic reforms, territorial matters, tribal and religious disputes, and economic relations. As a comprehensive examination of the development of law within a union, this book will be of great interest and use to students, scholars and practitioners in international law, international relations, and African studies.



WTO Trade Remedies in International Law

WTO Trade Remedies in International Law Author Roberto Soprano
ISBN-10 9781351747677
Release 2018-07-24
Pages 162
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World Trade Organisation (WTO) trade remedies (antidumping, anti-subsidy and safeguard agreements) are instruments used by WTO members to counter the economic injury caused by dumping, subsidies and the sudden and unforeseen increased imports. They are exceptions to the WTO principle of free trade and to the prohibition for States to react unilaterally to protect their own rights and interests, and as a result they have been accused by some as being the new tools of protectionism. This book analyses of the role and principles of WTO trade remedies in international law. In particular, it focuses on their aims, their structure, and their position within the WTO and more in general, the international legal system. The book considers trade remedies in light of fragmentation theories of international law and addresses the question how, and to what extent WTO law reflects and influences public international law.



Public International Law

Public International Law Author Alina Kaczorowska-Ireland
ISBN-10 9781317936404
Release 2015-05-08
Pages 922
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The 5th edition of Public International Law continues the book’s accessible, student-friendly tradition with a writing style that is both conversational and easy to read. Features designed to support learning include highlighted key cases, introductory chapter overviews, and end-of-chapter aides-mémoire and recommended further reading. Public International Law is unique in that it is both a textbook and a casebook. The facts of each case and the details of the court or tribunal’s decision are succinctly set out, followed by detailed commentary from the author, and, where appropriate, a brief explanation of subsequent events. The book covers all the major areas of public international law, and takes account of new developments relating to the codification of international law by the International Law Commission, State practice, and decisions of international courts and tribunals, in particular those of the International Court of Justice. Features new to this edition: A new dedicated chapter on the law of the sea Diagrammatic aides-mémoire at the end of each chapter Expanded coverage of the US approach to international law via its courts and executive. This book is an ideal learning tool for students of law or political science and provides a clear and straight-forward overview for anyone with an interest in the subject. Alina Kaczorowska-Ireland is Professor of International and EU Law at the University of the West Indies, Cave Hill Campus, Barbados. She is also author of the Routledge textbook, EU Law.



International Law and Civil Wars

International Law and Civil Wars Author Eliav Lieblich
ISBN-10 9781135069216
Release 2013-03-05
Pages 286
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This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another – the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.



The Break up of Yugoslavia and International Law

The Break up of Yugoslavia and International Law Author Peter Radan
ISBN-10 9781134525454
Release 2004-01-14
Pages 288
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The demise of the former Yugoslavia was brought about by various secessionist movements seeking international recognition of statehood. This book provides a critical analysis from an international law perspective of the break-up of Yugoslavia. Although international recognition was granted to the former Yugoslav republics of Slovenia, Croatia, Bosnia-Hercegovina and Macedonia, the claims of secessionist movements that sought a revision of existing internal federal borders were rejected. The basis upon which the post-secession international borders were accepted in international law involved novel applications of international law principles of self-determination of peoples and uti possidetis. This book traces the developments of these principles, and the historical development of Yugoslavia's internal borders.



African Yearbook of International Law 1996

African Yearbook of International Law  1996 Author Swan Sik
ISBN-10 9041110828
Release 1998-10-01
Pages 560
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The "Asian Yearbook of International Law" is the first publication dedicated primarily to international law as seen from an Asian perspective. It provides international law articles written by experts from the region and other articles relating to Asian topics. The editorial board, national correspondents, advisory council, and governing board comprise a diverse group of academics and government officials from a wide range of countries and positions. The "Asian Yearbook of International Law" offers a number of useful features: - articles; - notes; - legal materials (such as the state practice in a number of Asian countries and participation in multilateral treaties); - Asia and international organizations; - chronicle of events for the covered year; - literature (including book reviews and a bibliography); - selected documents (treaties, agreements, and other relevant primary documents); and - an index. Its range of features assures that the "Yearbook" comprehensively covers the critical events, legislation, and issues of the past year and that users can easily access all of this information. Academics and practitioners who deal with international public law in Asia will appreciate this unique, complete resource. The "Asian Yearbook of International Law" provides insight into Asian views and practices, especially for non-Asian readers, and also promotes the dissemination of knowledge of international law in Asia. Some of the topics covered in this volume: recent trends in the jurisprudence of the international court of justice and international arbitral tribunals, with special reference to territorial and boundary cases; an environmental regime for the arctic and the antarctic analogy;Philippine civil procedure in transboundary disputes; international civil procedure in Indonesia and Japan; and transboundary civil litigation in Korea.



Akehurst s Modern Introduction to International Law

Akehurst s Modern Introduction to International Law Author Peter Malanczuk
ISBN-10 9781134833870
Release 2002-04-12
Pages 472
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First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.



Sovereignty and Jurisdiction in Airspace and Outer Space

Sovereignty and Jurisdiction in Airspace and Outer Space Author Gbenga Oduntan
ISBN-10 9781136662904
Release 2011-09-07
Pages 408
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"The issues surrounding sovereignty and jurisdiction are likely to become ever more pressing as globalisation, growing pressure on resources and the need for energy and national security become acute, and the resolution of special delimitation disputes seems likely to become a vital question in the 21st century. This book will focus primarily on the issues of sovereignty jurisdiction and control in airspace and outer space, but will also look at related issues pertaining to the Seas and Antarctica. As well as considering the matters in public international law the book will also explore aspects of private international law that are central to the understanding of sovereignty and jurisdiction over territories. The book goes on to consider the distinction between airspace and outer space and puts forward legal criteria which would allow for the resolution of the spatial delimitation dispute. These criteria would determine where in spatial terms the exclusive sovereignty of airspace ends and where outer space - the province of all mankind begins, and contribute to the jurisprudence of territorial sovereignty and jurisdiction"--



Sacred Space in Israel and Palestine

Sacred Space in Israel and Palestine Author Marshall J. Breger
ISBN-10 9781136490330
Release 2013-06-19
Pages 352
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Religion and religious nationalism have long played a central role in many ethnic and national conflicts, and the importance of religion to national identity means that territorial disputes can often focus on the contestation of holy places and sacred territory. Looking at the case of Israel and Palestine, this book highlights the nexus between religion and politics through the process of classifying holy places, giving them meaning and interpreting their standing in religious and civil law, within governmental policy, and within international and local communities. Written by a team of renowned scholars from within and outside the region, this book follows on from Holy Places in the Israeli-Palestinian Conflict: Confrontation and Co-existence to provide an insightful look into the politics of religion and space. Examining Jerusalem’s holy basin from a variety of perspectives and disciplines, it provides unique insights into the way Jewish, Christian and Muslim authorities, scholars and jurists regard sacred space and the processes, grass roots and official, by which spaces become holy in the eyes of particular communities. Filling an important gap in the literature on Middle East peacemaking, the book will be of interest to scholars and students of the Middle East conflict, conflict resolution, political science, urban studies and history of religion.