International Territorial Administration

How Trusteeship and the Civilizing Mission Never Went Away

Author: Ralph Wilde

Publisher: Oxford University Press

ISBN: 0199577897

Category: Law

Page: 640

View: 7720

This is the first comprehensive treatment of the reasons why international organizations have engaged in territorial administration. The book describes the role of international territorial administration and analyses the various purposes associated with this activity, revealing the objectives which territorial administration seeks to achieve.
Posted in Law

International Territorial Administration

How Trusteeship and the Civilizing Mission Never Went Away

Author: Ralph Wilde

Publisher: Oxford University Press on Demand

ISBN: N.A

Category: Law

Page: 607

View: 2167

The book is the first comprehensive treatment of the reasons why international organizations have engaged in territorial administration, from the League of Nations in Danzig during the inter-war period, to the UN in East Timor recently and Kosovo today. Moving beyond the fashionable and misleading use of terms like 'post-conflict reconstruction' and 'state-building' to describe the role of international territorial administration, this book engages in a complex analysis of the various purposes with which this activity has been associated, some of which - for example settling disputes over sovereignty - have nothing to do with perceived local incapacities for governance. The book goes beyond territorial administration by the UN, covering the conduct of this activity by international organizations generally, thereby analyzing lesser-known projects like the EU Administration in Mostar, 1994 - 6. It addresses instances of partial as well as plenary administration, such as the role of the Office of the High Representative in imposing legislation in Bosnia and Herzegovina since 1996. By revealing the complex and diverse range of objectives which international organizations have attempted to realize through territorial administration, and establishing the commonalities and differences between the administration projects in this respect, the book establishes the contours of an international policy institution, to rank alongside 'peacekeeping' and 'humanitarian intervention.' By doing so, it provides a framework through which some of the key questions relating to such projects, concerning legitimacy, authority and applicable law, can be addressed. It also reveals a secret history of international organizations throughout the 20th Century, complementing work on their role in managing relations between states by exposing their role within particular states and non-state territories, beyond the well-documented activity of peacekeeping by military forces.
Posted in Law

The Law and Practice of International Territorial Administration

Versailles to Iraq and Beyond

Author: Carsten Stahn

Publisher: Cambridge University Press

ISBN: 0521878004

Category: Law

Page: 828

View: 8774

Dr Carsten Stahn traces the historical background, practice and legal challenges of international territorial administration.
Posted in Law

The Death Penalty

A Worldwide Perspective

Author: Roger Hood,Carolyn Hoyle

Publisher: Oxford University Press, USA

ISBN: 019870173X

Category: Political Science

Page: 597

View: 4647

The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasizing the impact of international human rights principles and evidence of abuse, the authors examine how this has fueled challenges to the death penalty and they analyze and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. This edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. Widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.
Posted in Political Science

Exit Strategies and State Building

Author: Richard Caplan

Publisher: Oxford University Press

ISBN: 0199942706

Category: Political Science

Page: 352

View: 9545

In the past two decades, states and multilateral organizations have devoted considerable resources toward efforts to stabilize peace and rebuild war-torn societies in places such as Afghanistan, Iraq, Kosovo, and Sierra Leone. Despite these prodigious efforts, there has been relatively little consideration of the critical questions arising from the "end game" of state-building operations. In Exit Strategies and State Building, sixteen leading scholars and practitioners focus on relevant historical and contemporary cases of exit to provide a comprehensive overview of this crucial issue. By examining the major challenges associated with the conclusion of international state-building operations and the requirements for the maintenance of peace in the period following exit, this book provides unique perspective on a critical aspect of military and political intervention. Deftly researched, Exit Strategies and State Building sheds new light on what is not merely an academic issue, but also a pressing global policy concern.
Posted in Political Science

Encyclopedia of Human Rights

Vol. 1-

Author: David P. Forsythe

Publisher: N.A

ISBN: 0195334027

Category:

Page: N.A

View: 5415

Posted in

Research Handbook on International Conflict and Security Law

Author: Nigel D. White,Christian Henderson

Publisher: Edward Elgar Publishing

ISBN: 1849808570

Category: Political Science

Page: 704

View: 4501

ÔFeaturing some of the fieldÕs most expert thinkers, this is an adroitly constructed volume of essays in Òconflict and security lawÓ. The writing here offers a distillation of the major legal projects in the area while dissolving some of international lawÕs most rigid demarcations (e.g. between war and peace, or the jus ad bellum and jus in bello).Õ Ð Gerry Simpson, University of Melbourne, Australia ÔA most important and timely collection of essays that places the established international rules in their modern and challenging of context.Õ Ð Philippe Sands QC, University College London, UK ÔEvents of the past fifteen years have sharpened the focus on well-known issues in international conflict and security law. What responses to international terrorism are permissible? Can humanitarian intervention be justified under international law? The Research Handbook on International Conflict and Security Law addresses these and other debates across the areas of conflict prevention, use of force and post-conflict reconstruction, with the critical insight for which the contributors are known.Õ Ð James Crawford, University of Cambridge, UK This innovative Research Handbook brings together leading international law scholars from around the world to discuss and highlight the contemporary debate regarding issues of conflict prevention and the legality of resorting to the use of armed force through to those arising during an armed conflict and in the phase between conflict and peace. The Handbook covers key conceptual topics drawn from across the three areas of jus ad bellum, jus in bello and jus post bellum. The subject matter of the included chapters range from conflict prevention through to reparation and compensation, via coverage of issues such as disarmament, the role of the Security Council, self-defence, humanitarian intervention and the responsibility to protect, targets, war crimes, private military contractors, peacekeeping, and the protection of human rights. Being the first to examine topics under these areas in one volume, the book will be of interest to scholars, academics, postgraduate and research students as well as government lawyers from various disciplinary backgrounds looking for a contemporary grounding in issues under the broad theme of international conflict and security law.
Posted in Political Science

The International Law of Occupation

Author: Eyal Benvenisti

Publisher: Oxford University Press

ISBN: 0199588899

Category: History

Page: 383

View: 3550

Originally published: Princeton, N.J.: Princeton University Press, 1993.
Posted in History

When International Law Works

Realistic Idealism After 9/11 and the Global Recession

Author: Tai-Heng Cheng

Publisher: Oxford University Press

ISBN: 0195370171

Category: LAW

Page: 341

View: 4892

When International Law Works stands to change the way that governments and scholars look at this contentious topic. In this seminal work, Professor Tai-Heng Cheng presents a new framework that nations should consider when they confront an international problem that implicates the often competing interests of their own communities and the global legal order. To demonstrate how his new proposal for approaching international law would work in a real crisis, Cheng provides numerous case studies from contemporary history. By thus combining theory with practice, When International Law Works gives policymakers, academics, and students 'real world' guidance on how to face new global problems.
Posted in LAW

Human Rights

Between Idealism and Realism

Author: Christian Tomuschat

Publisher: OUP Oxford

ISBN: 0191506699

Category: Political Science

Page: 512

View: 329

This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavours to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.
Posted in Political Science

The Cambridge Companion to International Law

Author: James Crawford,Martti Koskenniemi

Publisher: Cambridge University Press

ISBN: 1107493439

Category: Law

Page: 484

View: 8610

This intellectually rigorous introduction to international law encourages readers to engage with multiple aspects of the topic: as 'law' directing and shaping its subjects; as a technique for governing the world of states and beyond statehood; and as a framework within which several critical and constructivist projects are articulated. The articles situate international law in its historical and ideological context and examine core concepts such as sovereignty, jurisdiction and the state. Attention is also given to its operation within international institutions and in dispute settlement, and a separate section is devoted to international law's 'projects': protecting human rights, eradicating poverty, the conservation of resources, the regulation of international trade and investment and the establishment of international order. The diverse group of contributors draws from disciplinary orientations ranging from positivism to postmodernism to ensure that this book is informed theoretically and politically, as well as grounded in practice.
Posted in Law

The Guardians

The League of Nations and the Crisis of Empire

Author: Susan Pedersen

Publisher: Oxford University Press

ISBN: 0190226390

Category: History

Page: 416

View: 5033

Winner of the Cundill Prize in Historical Literature Shortlisted for the Lionel Gelber Prize At the end of the First World War, the Paris Peace Conference saw a battle over the future of empire. The victorious allied powers wanted to annex the Ottoman territories and German colonies they had occupied; Woodrow Wilson and a groundswell of anti-imperialist activism stood in their way. France, Belgium, Japan and the British dominions reluctantly agreed to an Anglo-American proposal to hold and administer those allied conquests under "mandate" from the new League of Nations. In the end, fourteen mandated territories were set up across the Middle East, Africa and the Pacific. Against all odds, these disparate and far-flung territories became the site and the vehicle of global transformation. In this masterful history of the mandates system, Susan Pedersen illuminates the role the League of Nations played in creating the modern world. Tracing the system from its creation in 1920 until its demise in 1939, Pedersen examines its workings from the realm of international diplomacy; the viewpoints of the League's experts and officials; and the arena of local struggles within the territories themselves. Featuring a cast of larger-than-life figures, including Lord Lugard, King Faisal, Chaim Weizmann and Ralph Bunche, the narrative sweeps across the globe-from windswept scrublands along the Orange River to famine-blighted hilltops in Rwanda to Damascus under French bombardment-but always returns to Switzerland and the sometimes vicious battles over ideas of civilization, independence, economic relations, and sovereignty in the Geneva headquarters. As Pedersen shows, although the architects and officials of the mandates system always sought to uphold imperial authority, colonial nationalists, German revisionists, African-American intellectuals and others were able to use the platform Geneva offered to challenge their claims. Amid this cacophony, imperial statesmen began exploring new means - client states, economic concessions - of securing Western hegemony. In the end, the mandate system helped to create the world in which we now live. A riveting work of global history, The Guardians enables us to look back at the League with new eyes, and in doing so, appreciate how complex, multivalent, and consequential this first great experiment in internationalism really was.
Posted in History

The International Criminal Court

A Global Civil Society Achievement

Author: Marlies Glasius

Publisher: Routledge

ISBN: 113431566X

Category: Law

Page: 178

View: 4746

A new examination of the International Criminal Court (ICC) from a political science and international relations perspective. It describes the main features of the court and discusses the political negotiations and the on-going clashes between those states who oppose the court, particularly the United States, and those who defend it. It also makes these issues accessible to non-lawyers and presents effective advocacy strategies for non-governmental organizations. It also delivers essential background to the place of the US in international relations and makes a major contribution to thinking about the ICC’s future. While global civil society does not deliver global democracy, it does contribute to more transparent, more deliberative and more ethical international decision-making which is ultimately preferable to a world of isolated sovereign states with no accountability outside their borders, or exclusive and secretive state-to-state diplomacy. This book will be of great interest to students and scholars of international relations, international law, globalization and global governance.
Posted in Law

Witnesses to History

A Compendium of Documents and Writings on the Return of Cultural Objects

Author: Lyndel V. Prott

Publisher: UNESCO

ISBN: 9231041282

Category: Business & Economics

Page: 439

View: 5993

This Compendium gives an outline of the historical, philosophical and ethical aspects of the return of cultural objects (e.g. cultural objects displaced during war or in colonial contexts), cites past and present cases (Maya Temple Facade, Nigerian Bronzes, United States of America v. Schultz, Parthenon Marbles and many more) and analyses legal issues (bona fide, relevant UNESCO and UNIDROIT Conventions, Supreme Court Decisions, procedure for requests etc.). It is a landmark publication that bears testament to the ways in which peoples have lost their entire cultural heritage and analyses the issue of its return and restitution by providing a wide range of perspectives on this subject. Essential reading for students, specialists, scholars and decision-makers as well as those interested in these topics.
Posted in Business & Economics

The Land Within

Indigenous Territory and the Perception of the Environment

Author: Alexandre Surrallés,Pedro García Hierro

Publisher: IWGIA

ISBN: 9788791563119

Category: Political Science

Page: 277

View: 1038

By describing the fabric of relationships indigenous peoples weave with their environment, The Land Within attempts to define a more precise notion of indigenous territoriality. A large part of the work of titling the South American indigenous territories may now be completed but this book aims to demonstrate that, in addition to management, these territories involve many other complex aspects that must not be overlooked if the risk of losing these areas to settlers or extraction companies is to be avoided. Alexandre Surralls holds a doctorate in anthropology from the School for Higher Studies in Social Sciences and is a researcher on the staff of the National Centre for Scientific Research. Pedro Garca Hierro is a lawyer from Madrid Complutense University and the Pontifical Catholic University of Peru. He has worked with various indigenous organizations, on issues related to the identification and development of collective rights and the promotion of intercultural democratic reforms.
Posted in Political Science

Proceedings of the ... Annual Meeting

Author: American Society of International Law. Meeting,American Society of International Law

Publisher: N.A

ISBN: N.A

Category: International law

Page: N.A

View: 6923

Posted in International law

The Legal Status of Territories Subject to Administration by International Organisations

Author: Bernhard Knoll

Publisher: Cambridge University Press

ISBN: 9780521885836

Category: Law

Page: 554

View: 5097

The international community's practice of administering territories in post-conflict environments has raised important legal questions. Using Kosovo as a case study, Bernhard Knoll analyses the identity of the administrating UN organ, the ways in which the territories under consideration have acquired partial subjectivity in international law and the nature of legal obligations in the fiduciary exercise of transitional administration developed within the League of Nations' Mandate and the UN Trusteeship systems. Knoll discusses Kosovo's internal political and constitutional order and notes the absence of some of the characteristics normally found in liberal democracies, before proposing that the UN consolidates accountability guidelines related to the protection of human rights and the development of democratic standards should it engage in the transitional administration of territory.
Posted in Law

Britain, France and the Decolonization of Africa

Future Imperfect?

Author: Andrew W.M. Smith,Chris Jeppesen

Publisher: UCL Press

ISBN: 1911307746

Category: History

Page: 254

View: 3117

Looking at decolonization in the conditional tense, this volume teases out the complex and uncertain ends of British and French empire in Africa during the period of ‘late colonial shift’ after 1945. Rather than view decolonization as an inevitable process, the contributors together explore the crucial historical moments in which change was negotiated, compromises were made, and debates were staged. Three core themes guide the analysis: development, contingency and entanglement. The chapters consider the ways in which decolonization was governed and moderated by concerns about development and profit. A complementary focus on contingency allows deeper consideration of how colonial powers planned for ‘colonial futures’, and how divergent voices greeted the end of empire. Thinking about entanglements likewise stresses both the connections that existed between the British and French empires in Africa, and those that endured beyond the formal transfer of power.
Posted in History