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Russia and the Right to Self-determination in the Post-Soviet Space
This book shows that Russia has a distinct approach to the right to self-determination that sets it apart from Western States and from Soviet state practice. Drawing on analysis of seven secessionist conflicts and a detailed study of Russian sources, it traces how Russian engagement with self-determination has changed over the past three decades.
Socialism and International Law
The contributions of socialist thinkers and states to the development of international law often go unrecognized. Socialism and International Law: The Cold War and Its Legacies explores how socialist individuals and governments from Eastern Europe, Africa, and Asia made vital contributions to international law as it is practiced today, and also brought ideas and initiatives that constituted important disruptive moments in its history. The socialist world of the 20th century was an ambiguous and fragile construct: there were clear divisions between the Soviet-led Eastern Bloc, which kept one foot in Western Eurocentric traditions, and the positions of the radical Third World, primarily post-c...
International Law and the Principle of Non-Intervention
The principle of non-intervention in the domestic affairs of states is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked like a mantra by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma. International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles solves this enigma by exploring what constitutes an 'intervention' in internation...
Deconstructing Self-Determination in International Law
The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.
Towards an Independent Kurdistan: Self-Determination in International Law
Kurdistan is among the world’s most notorious cases of self-determination denied, and the reasons why this outcome remains unachieved reveal as much about the biases of international law as they do about the merits of the case for Kurdistan. On the centenary of the Treaty of Lausanne, 24 July 1923, the last of the international instruments establishing the new international order after World War I, this book explores the potential blind spots of international law regarding its differential application in the Middle East. Tracing self-determination over the past century, the work explores how the law applies to Kurdish aspirations and to what extent the Kurds can rely upon the current law o...
Completing Humanity
After the Second World War, the dissolution of European empires and emergence of 'new states' in Asia, Africa, Oceania, and elsewhere necessitated large-scale structural changes in international legal order. In Completing Humanity, Umut Özsu recounts the history of the struggle to transform international law during the twentieth century's last major wave of decolonization. Commencing in 1960, with the General Assembly's landmark decolonization resolution, and concluding in 1982, with the close of the third UN Conference on the Law of the Sea and the onset of the Latin American debt crisis, the book examines the work of elite international lawyers from newly independent states alongside that of international law specialists from 'First World' and socialist states. A study in modifications to legal theory and doctrine over time, it documents and reassesses post-1945 decolonization from the standpoint of the 'Third World' and the jurists who elaborated and defended its interests.
Europeanisation, Soft Law and the Crisis
Influence of “hard” law on national policies still is a central topic in Europeanisation research. One aspect often overlooked is the impact of “soft” law instruments such as the “Open Method of Coordination” (OMC). Through the OMC all member states agree on common goals and exchange “best practices” to improve policy coordination in a certain area without the obligation (how) to design policies. OMC impacts in individual member states have been studied extensively, yet a comparative perspective explaining their variance is lacking. This study by Niclas Beinborn tries to fill this gap by analysing the different impacts of a recent OMC: the European Youth Strategy 2010 (EUYS)....
Nagorno-Karabakh
The Azerbaijani attack on the de facto independent Republic of Artsakh (formerly the Nagorno-Karabakh Republic) in September 2020 shattered the illusion that this conflict is “frozen.” The forty-four-day war in 2020 was the bloodiest outbreak of violence over the separatist region since the conflict began in the late 1980s and threatened to embroil Turkey and Russia in a dangerous proxy war in the volatile South Caucasus. Despite the publication of several works on the conflict since the 1990s, many aspects of the conflict remain poorly understood or distorted in Western scholarship due to US-NATO political influence. Are the origins of the conflict found in Soviet nationalities policy a...
The Oxford Handbook of International Law in Europe
This handbook provides a comprehensive account of how international law is understood and practiced in Europe, which is defined for the purposes of the book as Council of Europe countries, in the past and in the present. It is separated into parts covering Europe's values, intellectual traditions, and institutions, as well as examinations of European countries and regions. A diverse group of leading scholars and practitioners of international law are led by three overarching focus points: the success and failures of the pacifying effect of international law, the diversity of international legal experiences and traditions within Europe, and the impact of European ideas on international law globally. By examining these areas, the book also analyses Europe's changing role in the world, and the impact of global influences on the understanding of international law in European countries. The book is a study of regionalism in international law, but also a study of the impact of a region which, at least historically, has had an overwhelming influence on the development and interpretations of international law.
Sustainability through Participation?
Can—and should—participation be a means of achieving sustainability? The concepts of sustainability and participation are both in vogue, and many international, supranational and national legal texts and standards refer to these two concepts. However, there are still several unanswered questions that invite legal inquiry: which sustainability? Which kinds of participation? Participation by whom? How are the two concepts of sustainability and participation effectively interlinked in legal provisions? This book approaches the interconnection between sustainability and participation inductively and precisely in areas of law which are commonly associated with sustainability and sustainable development: national, European and international environmental and economic law.
