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Resolving Claims to Self-Determination
Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being ‘intra-state’ wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future ...
Historical Title, Self-Determination and the Kashmir Question
In Historical Title, Self-Determination and the Kashmir Question Fozia Nazir Lone offers a critical re-examination of the Kashmir question. Through an interdisciplinary approach and international law perspective, she analyses political practices and the substantive international law on the restoration of historical title and self-determination. The book analytically examines whether Kashmir was a State at any point in history; the effect of the 1947 occupation by India/Pakistan; the international law implications of the constitutional incorporation of this territory and the ongoing human rights violations; whether Kashmiris are entitled to restore their historical title through the exercise of self-determination; and whether the Kashmir question could be resolved with the formation of international strategic alliance to curb danger of spreading terrorism in Kashmir.
Peoples and International Law
Peoples and International Law is a detailed survey of the law of self-determination with a focus on the concept of nations and peoples. It engages with different aspects of this law with particular emphasis on the drafting and implementation of international instruments. The second edition includes new coverage of the Declaration on the Rights of Indigenous Peoples and the African and Arab charters. It considers recent practice by the Human Rights Committee, Committee on Economic, Social and Cultural Rights and African Commission on Human and Peoples’ Rights dealing with the emerging political, economic and environmental aspects of the right. The book looks at the interaction of international law, nationalism and liberalism in theories of nationhood and self-determination, as well as, the historical development of the right and the decisions of international bodies. Lastly, it examines practice in this area, including new developments in remedial independence and international territorial administration. Also available in hardback.
International Law Studies
`Reader beware. You are about to be challenged and drawn into a realm of unorthodox ideas, often stated provocatively ...' (From the Foreword). The field of international law is blessed with a broad range of high quality scholarship. But a truly fresh approach and real, original ideas always provide a welcome addition. Any serious player in the international law world will seek out these rare challenges to classic scholarship. International Law Studies is one of these unique works. In this second volume of collected papers, the author addresses: - environmental law, - human rights, - international criminal law, - foreign relations law, - the intersection of political science and international law, and - the study and practice of international law. The insightful and probing nature of the author's wholly new analysis of these critical topics will intrigue any international law scholar or practitioner. To miss International Law Studies is to shut out one of the most thought-provoking voices in the field. This is the second volume in a series of collected papers.
The International Judge
An interdisciplinary introduction to international judges and their work
Progress in International Law
Progress in International Law is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its i...
Reckoning with Empire: Self-Determination in International Law
The book adopts a new approach to self-determination’s international legal history, tracing the ways in which various actors have sought to reinvent self-determination in different juridical, political, and economic iterations to create the conditions for global transformation. The value of the book’s approach lies not only in a more nuanced understanding of self-determination’s legal history, but in excavating the multiple ways in which actors, particularly those from the Global South, have challenged the existing normative and legal structures which rendered them unequal under the European system of international law. Rethinking this process touches on issues that are relevant not only to debates about the enduring legacy of imperialism in our present, but also to contemporary discussions of the position self-determination has come to occupy in international law.
International Law and Ethnic Conflict
The breakup of the former Yugoslavia demonstrates the limitations of international law in the face of ethnic conflict. The contributors to this book examine the various roles international law and international institutions play in dealing with ethnic conflict. International Law and Ethnic Conflict first covers general philosophical, historical, and cultural issues arising from attempts to apply international law to ethnic conflict. The authors assess the legitimacy of demands based on group identity, the legal rights of ethnic groups, the validity of various entitlement claims, and the meaning of statehood. They then consider the institutional and policy responses of international organizations and states in their attempts to deal with ethnic conflict and analyze the extent to which various forms of intervention prove successful.
