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: 6323

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

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: 1080

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

Democratic Governance in International Territorial Administration

Institutional Prerequisites for Democratic Governance in the Constitutional Documents of Territories Administered by International Organisations

Author: Michaela Salamun

Publisher: Nomos Verlagsgesellschaft Mbh & Company

ISBN: N.A

Category: Political Science

Page: 224

View: 2998

This book analyzes in a comparative way how, and to what extent, the constitutional documents governing territories administered by international organizations (the League of Nations, the UN with the OSCE, and the EU) have provided institutional prerequisites for democratic governance. Territories covered are the Free City of Danzig, the Saar Territory, the Territory of Leticia, the City of Jerusalem, the Free Territory of Trieste, the Congo, West Irian, South West Africa/ Namibia, Cambodia, Somalia, the City of Mostar, Eastern Slavonia, Bosnia and Herzegovina, the District of Brcko, East Timor, and Kosovo. The book begins by discussing problematic issues in international territorial administration, such as evident in the problem of the delineation of the international personality of the territories, the applicability of the concept of democracy, and the enforceability of human rights. It continues by describing the legal framework for democratic governance by delineating the scope of the authority of governance conferred upon international organizations (and/or former states) and local institutions. It applies a framework for democratic governance to the constitutional documents by analyzing to what extent they reflect basic principles of democracy, such as the separation of powers and the independence of the judiciary and the principle of popular sovereignty. The documents are also compared as to provision of mechanisms of accountability and judicial review, political rights, and special participation rights for minorities in institutionalized decision-making processes. Finally, the book proposes ways by which governance in territories administered by international organizations can be democratized, such as by an increased transfer of powers and increased possibilities for popular participation in the government of the territory as well as by modifications to the institutional structures governing the territories.
Posted in Political Science

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: 7675

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 Principle of Effective Legal Protection in Administrative Law

A European Perspective

Author: Zoltán Szente,Konrad Lachmayer

Publisher: Routledge

ISBN: 1317019245

Category: Law

Page: 400

View: 9295

This collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makes a valuable contribution to the debate around convergence and divergence in European national administrative systems.
Posted in Law

Exit Strategies and State Building

Author: Richard Caplan

Publisher: Oxford University Press

ISBN: 0199942706

Category: Political Science

Page: 352

View: 1727

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

International Authority and the Responsibility to Protect

Author: Anne Orford

Publisher: Cambridge University Press

ISBN: 1139494244

Category: Law

Page: N.A

View: 7882

The idea that states and the international community have a responsibility to protect populations at risk has framed internationalist debates about conflict prevention, humanitarian aid, peacekeeping and territorial administration since 2001. This book situates the responsibility to protect concept in a broad historical and jurisprudential context, demonstrating that the appeal to protection as the basis for de facto authority has emerged at times of civil war or revolution - the Protestant revolutions of early modern Europe, the bourgeois and communist revolutions of the following centuries and the revolution that is decolonisation. This analysis, from Hobbes to the UN, of the resulting attempts to ground authority on the capacity to guarantee security and protection is essential reading for all those seeking to understand, engage with, limit or critique the expansive practices of international executive action authorised by the responsibility to protect concept.
Posted in Law

Oppenheim's International Law: United Nations

Author: Rosalyn Higgins,Philippa Webb,Dapo Akande,Sandesh Sivakumaran,James Sloan

Publisher: Oxford University Press

ISBN: 0192537180

Category: Law

Page: N.A

View: 892

The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.
Posted in Law

The International Law of Occupation

Author: Eyal Benvenisti

Publisher: Oxford University Press

ISBN: 0199588899

Category: History

Page: 383

View: 4127

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

The United Nations Security Council and War

The Evolution of Thought and Practice since 1945

Author: Vaughan Lowe,Adam Roberts,Jennifer Welsh,Dominik Zaum

Publisher: OUP Oxford

ISBN: 0191614939

Category: Political Science

Page: 816

View: 8114

This is the first major exploration of the United Nations Security Council's part in addressing the problem of war, both civil and international, since 1945. Both during and after the Cold War the Council has acted in a limited and selective manner, and its work has sometimes resulted in failure. It has not been - and was never equipped to be - the centre of a comprehensive system of collective security. However, it remains the body charged with primary responsibility for international peace and security. It offers unique opportunities for international consultation and military collaboration, and for developing legal and normative frameworks. It has played a part in the reduction in the incidence of international war in the period since 1945. This study examines the extent to which the work of the UN Security Council, as it has evolved, has or has not replaced older systems of power politics and practices regarding the use of force. Its starting point is the failure to implement the UN Charter scheme of having combat forces under direct UN command. Instead, the Council has advanced the use of international peacekeeping forces; it has authorized coalitions of states to take military action; and it has developed some unanticipated roles such as the establishment of post-conflict transitional administrations, international criminal tribunals, and anti-terrorism committees. The book, bringing together distinguished scholars and practitioners, draws on the methods of the lawyer, the historian, the student of international relations, and the practitioner. It begins with an introductory overview of the Council's evolving roles and responsibilities. It then discusses specific thematic issues, and through a wide range of case studies examines the scope and limitations of the Council's involvement in war. It offers frank accounts of how belligerents viewed the UN, and how the Council acted and sometimes failed to act. The appendices provide comprehensive information - much of it not previously brought together in this form - of the extraordinary range of the Council's activities. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.
Posted in Political Science

Research Handbook on Human Rights and Humanitarian Law

Author: Robert Kolb,Gloria Gaggioli

Publisher: Edward Elgar Publishing

ISBN: 1781006075

Category: Political Science

Page: 684

View: 1110

'This volume by Robert Kolb and Gloria Gaggioli, contributed by some of the most renowned experts in the field, devotes an impressive amount of legal analysis to the most diverse aspects of the interplay between international humanitarian law and international human rights law in situations of violence, in theory and practice. It is bound to become an indispensable tool for scholars and practitioners alike.' Marco Pedrazzi, University of Milan, ItalyThis fascinating Handbook explores the interplay between international human rights law and international humanitarian law, offering expert analysis on the increasingly complex issues surrounding their application in conflict areas across the world. Contributors to this volume provide a comprehensive treatment of the ongoing relationship between human rights law and humanitarian law, from the historical background and origins of the two bodies of law to their various applications today. Divided into four parts Historical Background, Common Issues, The Need for a Combined Approach, and Monitoring Mechanisms the Handbook presents a rich and varied spectrum of original research and thought from some of the brightest minds in the field.This groundbreaking volume will surely have great appeal for anyone with a professional or academic interest in human rights law and humanitarian law, from students to professors to practitioners in the field.
Posted in Political Science

Fault Lines of International Legitimacy

Author: Hilary Charlesworth,Jean-Marc Coicaud

Publisher: Cambridge University Press

ISBN: 113948270X

Category: Law

Page: N.A

View: 8657

Fault Lines of International Legitimacy deals with the following questions: What are the features and functions of legitimacy in the international realm? How does international legitimacy, as exemplified in particular by multilateral norms, organizations, and policies, change over time? What role does the international distribution of power and its evolution have in the establishment and transformation of legitimacy paradigms? To what extent do democratic values account for the growing importance of legitimacy and the increasing difficulty of achieving it at the international and the national level? One of the central messages of the book is that, although the search for international legitimacy is an elusive endeavor, there is no alternative to it if we want to respond to the intertwined demands of justice and security and make them an integral and strategic part of international relations.
Posted in Law

Post-conflict Administrations in International Law

International Territorial Administration, Transitional Authority and Foreign Occupation in Theory and Practice

Author: Eric de Brabandere

Publisher: BRILL

ISBN: 9004180826

Category: Law

Page: 352

View: 6230

Drawing on the context in which the administration of territory by international actors has resurfaced, and on the legal framework applicable to post-conflict administrations and peace-building operations, this book analyses the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq.
Posted in Law

Accountability of International Territorial Administrations

A Public Law Approach

Author: Aleksandar Momirov

Publisher: Eleven International Pub

ISBN: 9789490947217

Category: Law

Page: 315

View: 1989

This book conceptualizes the accountability deficit of missions engaged in the international administration of territories. In so doing, a public law approach is adopted. The book explores to what extent it is warranted to perceive these missions as public entities exercising public power, rather than international organizations merely engaged in extensive peacekeeping and, if such a paradigm shift is accepted, how public law influences our understanding of the accountability deficit. The linkage is explored between the rule of law, judicial review, and an independent judiciary as cornerstone principles of public law on the one hand, and the main institutional and conceptual characteristics of international territorial administration on the other hand. The book concludes that insufficient regard for public law principles is at the core of the accountability deficit and that public law should play a role in addressing this deficit. It will be of interest to both international and constitutional lawyers, as well as practitioners engaged with international organizations and their subsidiary field missions.
Posted in Law

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: 3402

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

Das Kosovo-Gutachten des IGH vom 22. Juli 2010

Author: N.A

Publisher: Martinus Nijhoff Publishers

ISBN: 9004204822

Category: Law

Page: 317

View: 3824

The ICJ ́s Opinion on Kosovo of 22 July 2010 has touched upon many pivotal questions of international law. This book contains a comprehensive stock-taking on this subject written by several international law experts from different European countries. Das IGH-Gutachten zum Kosovo vom 22. Juli 2010 spricht eine Vielzahl an grundlegenden Fragen des internationalen Rechts an. Dieser Band enthält eine grundlegende Bestandsaufnahme zu dieser Thematik mit Beiträgen einer Reihe von Autoren aus verschiedenen europäischen Staaten.
Posted in Law

Hybrid and Internationalised Criminal Tribunals

Selected Jurisdictional Issues

Author: Sarah Williams

Publisher: Bloomsbury Publishing

ISBN: 1847319254

Category: Law

Page: 520

View: 8324

In recent years a number of criminal tribunals have been established to investigate, prosecute and try individuals accused of serious violations of international humanitarian law and international human rights law. These tribunals have been described as 'hybrid' or 'internationalised' tribunals as their structure and applicable law consist of both international and national elements. Six such tribunals are currently in operation: the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the International Judges and Prosecutors Programme in Kosovo, the War Crimes Chamber for Bosnia and Herzegovina, the Iraqi High Tribunal and the Special Tribunal for Lebanon. The Special Panels for Serious Crimes in East Timor suspended operation in May 2005, although there continues to be some international involvement in investigation and prosecution of serious crimes. Suggestions have also been made that this model of tribunal would be appropriate for the prosecution of atrocities committed in, among others, Burundi, the Sudan, the Democratic Republic of Congo, Kenya and Liberia, as well as for a wider range of international crimes, most recently piracy. The key aims of this book are: to place the model of hybrid and internationalised tribunals in the context of other mechanisms to try international crimes; to examine the increasing demand for the establishment of hybrid and internationalised judicial institutions and the factors driving such demand; to define the category of 'hybrid and internationalised tribunals' by examining the key features of the existing and proposed hybrid or internationalised tribunals, as well as the features of those institutions with international elements that are generally excluded from this category; to determine the legal and jurisdictional bases of existing hybrid and internationalised tribunals; to analyse how the legal and jurisdictional basis of a tribunal affects other issues, such as the applicable law, the application of amnesties and immunities and the relationship of the tribunal with the host state, third states, national courts and other international criminal tribunals. The book concentrates on the definitional, legal and jurisdictional aspects of hybrid and internationalised criminal tribunals as this has been the subject of some confusion in arguments before the tribunals and in the judgments of the tribunals. In its concluding section, the book examines the future role of internationalised and hybrid criminal tribunals, particularly in light of the establishment of the ICC, and the potential use of such tribunals in other contexts. It also assesses how hybrid and internationalised tribunals fit into a 'multi-layered framework' of international criminal law and transitional justice.
Posted in Law

Human Rights

Between Idealism and Realism

Author: Christian Tomuschat

Publisher: OUP Oxford

ISBN: 0191506699

Category: Political Science

Page: 512

View: 4016

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 Counterinsurgent's Constitution

Law in the Age of Small Wars

Author: Ganesh Sitaraman

Publisher: Oxford University Press

ISBN: 0199986908

Category: Law

Page: 352

View: 1990

Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.
Posted in Law