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This book proposes a novel theory of self-determination; the Rule of the Great Powers. This book argues that traditional legal norms on self-determination have failed to explain and account for recent results of secessionist self-determination struggles. While secessionist groups... like the East Timorese, the Kosovar Albanians and the South Sudanese have been successful in their quests for independent statehood, other similarly situated groups have been relegated to an at times violent existence within their mother states. Thus, Chechens still live without significant autonomy within Russia, and the South Ossetians and the Abkhaz have seen their conflicts frozen because of the peculiar geo-political equilibrium of power within the Caucuses region. The Rule of the Great Powers, which asserts that only those self-determination seeking entities which enjoy the support of the majority of the most powerful states (the Great Powers) will ultimately have their rights to self-determination fulfilled. The Great Powers, potent military, economic and political powerhouses such as the United States, China, Russia, Japan, the United Kingdom, France, Germany, and Italy, often dictate self-determination outcomes through their influence in global affairs. Issues of self-determination in the modern world can no longer be effectively resolved through the application of traditional legal rules; rather, resort must be had to novel theories, such as the Rule of the Great Powers. This book will be of particular interest to academics and students of law, political science and international relations. Read more
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This book analyses the complex phenomenon of secession as a form of creation of States from the perspective of International Law.
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By Klucka, Jan
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It addresses the topics with regard to international law and regionalism and will be of interest to academics dealing with legal aspects of current regionalism and for the specialized courses in the faculties of law.
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Based on author's thesis (doctoral - Newcastle University, 2016) issued under title: The Responsibility to Protect: An Examination of Host and Third-State Obligations in Preventing and Reacting to Mass Atrocity Crimes in Light of the Libyan and Syrian Conflicts.
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Implementing the Complementarity Principle of the Rome Statute of the International Criminal Court in Nigeria offers a contribution to the advancement of international law and will be of practical use to African countries. It aims to sensitise policy makers in different African c...ountries in respect of policy options open to them to close Read more
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This book examines the concept of nationality of means of transportation in terms of jurisdiction in international law. It reassesses the definition of nationality and explores how it is conferred. The book first places nationality in the broader perspective of jurisdiction in in...ternational law, and examines the historical development and necessity of the nationality of means of transportation. It goes on to investigate whether and under which conditions international organizations may confer a 'nationality' on means of transportation, examining the law of the sea conventions and air and space treaties. The book finally explores several questions relating to international registration of means of transportation, building a regime of international registration. Vincent Cogliati-Bantz introduces a necessary distinction between transport internationally registered and transport registered in a State but fulfilling a mission for an international organization. As a work that proposes the ability for international organisations to access international spaces without reliance on State-registered means of transport, this book will be of great use and interest to scholars and students of public international law, international organisations, and maritime, space, and aviation law. Read more
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When studying international law there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much o...n theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risk assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and influence the course of international relations in international trade, protection of the environment, human rights, international criminal justice and the use of force. As a study on the intersection of power and law, this book will be of great interest and use to scholars and students of international law, international relations, political science, international trade, and conflict resolution. Read more
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The book sheds light on the relationship between the responsibility of individuals and States for major offences, via a systemic investigation. The analysis provides a critical perspective on core mechanisms of the international legal system, addressing the regulation of crucial ...problems such as war, genocide and terrorism. Read more
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Societies and states are at a crossroad in how children are treated and how their rights are respected and protected. Childrens new position and their strong rights create tensions and challenge the traditional relationships between family and the state.
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With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal ...jurisdiction into the foreground of the fight against impunity and the principle was read as an important complementary mechanism for international justice -one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice's Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the concept of universal jurisdiction in international criminal law through a critical international legal approach exposing the legal techniques in operation in every judgment. Drawing on the work of Martti Koskenniemi and David Kennedy the book seeks to unpack the legal arguments justifying and criticizing universal jurisdiction in the legal debate on jurisdiction and through detailed analysis of the relevant case law. Identifying overarching patterns within the debate on universal jurisdiction, Ailing O'Sullivan argues that this debate is bounded by the tension between contrasting political preferences or approaches, labelled as moralist ( preventing impunity ) and formalist ( avoiding abuse ) which struggle for hegemonic control. Read more
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