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Status and (Human Rights) Obligations of Non-Recognized De Facto Regimes in International Law: The Case of 'Somaliland'
This volume contains the first comprehensive study of legal issues arising with regard to the self-declared 'Republic of Somaliland' which, after more than 10 years of factual existence, is still facing international non-recognition. The case of Somaliland, in particular its unique position within the collapsed State of Somalia, challenges current international law doctrine regarding the interplay between non-recognition and the creation of States. Based upon an in-depth analysis of international law concerning the criteria of statehood and recognition, the author presents a legal framework against which cases of secession in the context of collapsed States should be measured. In applying th...
Rethinking the Liberal Peace
This book presents a critical analysis of the liberal peace project and offers possible alternatives and models. In the past decade, the model used for reconstructing societies after conflicts has been based on liberal assumptions about the pacifiying effects of 'open markets' and 'open societies'. Yet, despite the vast resources invested in helping establish the precepts of this liberal peace, outcomes have left much to be desired. The book argues that failures in the liberal peace project are not only due to efficiency problems related to its adaptation in adverse local environments, but mostly due to problems of legitimacy of turning an ideal into a doctrine for action. The aim of the boo...
Jewish Soldiers in the Collective Memory of Central Europe
World War I marks a huge break in Central European Jewish history. Not only had the violent wartime events destroyed Jewish life and especially the living space of Eastern European Jews, but the impacts of war, the geopolitical change and a radicalization of anti-Semitism also led to a crisis of Jewish identity. Furthermore, during the process of national self-discovery and the establishing of new states the societal position of the Jews and their relationship to the state had to be redefined. These partially violent processes, which were always accompanied by anti-Semitism, evoked Jewish and Gentile debates, in which questions about Jewish loyalty to the old and/or new states as well as concepts of Jewish identity under the new political circumstances were negotiated. This volume collects articles dealing with these Jewish and gentile debates about military service and war memory in Central Europe.
Culture and Political Crisis in Vienna
In this sequel to Political Radicalism in Late Imperial Vienna, John Boyer picks up the history of the Christian Social movement after founder Karl Lueger's rise to power in Vienna in 1897 and traces its evolution from a group of disparate ward politicians, through its maturation into the largest single party in the Austrian parliament by 1907, to its major role in Imperial politics during the First World War. Boyer argues that understanding the unprecedented success that this dissident bourgeois political group had in transforming the basic tenets of political life is crucial to understanding the history of the Central European state and the ways in which it was slowly undermined by popular...
Feminist Constitutionalism
Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.
Escaping the Self-Determination Trap
There is new movement in the discussion about self-determination and statehood. The contested declaration of independence by Kosovo and Russia’s recognition of the purported independence of Abkhasia and South Ossetia have caused significant controversy. These developments may well put an end to the attempt by governments to keep in place the highly restricted doctrine of self-determination that has previously only been made available in the colonial context. This monograph argues that classical self-determination, narrowly conceived in the colonial context. cannot contribute to the resolution of the presently ongoing self-determination conflicts around the world. However, this study finds that over the past few years a new practice of addressing self-determination conflicts has emerged. This practice significantly extends our understanding of the legal right to self-determination and of the means that can be brought to bear in terminating secessionist conflicts.
Detention by Non-State Armed Groups under International Law
Explores how international law deals with detention conducted by non-State armed groups and the motivations behind these practices.
Palestinian Refugees in International Law
The Palestinian conflict has produced one of the most tragic refugee crises since World War II, with the number of refugees caused by the violence associated with the creation of the State of Israel numbering around 11 million in 2011. The much lauded first edition, in 1998, of The Status of Palestinian Refugees in International Law was the first book to comprehensively analyse the legal aspects of the Palestinian refugee crisis, yet the last two decades have seen multiple developments. New waves of conflict and displacement have affected Palestinian refugees in the Middle East, and there has been Israeli encroachment on Palestinian territory. Hamas has grown, and a schism has formed within ...
Critical Issues in Peace and Conflict Studies
Critical Issues in Peace and Conflict Studies: Theory, Practice, and Pedagogy, edited by Thomas Maty-k, Jessica Senehi, and Sean Byrne, discusses critical issues in the emerging field of Peace and Conflict Studies, and suggests a framework for the future development of the field and the education of its practitioners and academics. Contributors to the book are recognized scholars and practitioners in their respective fields. The authors take an holistic approach to the study, analysis, and resolution of conflict at the micro, meso, macro, and mega levels.
The Transformation of the Prohibition of Torture in International Law
The prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, in...
