Advisory Opinion of the International Court of Justice on the Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo
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Publisher:
Published: 2011
Total Pages: 132
ISBN-13:
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Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo : Advisory Opinion
Author: Tribunal Internacional de Justicia (La Haya)
Publisher:
Published: 2010
Total Pages:
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DOWNLOAD EBOOKThe Individual in the International Legal System
Author: Kate Parlett
Publisher: Cambridge University Press
Published: 2011-04-14
Total Pages: 463
ISBN-13: 1139499971
DOWNLOAD EBOOKKate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.
The International Court of Justice
Author: H. W. A. Thirlway
Publisher: Oxford University Press
Published: 2016
Total Pages: 241
ISBN-13: 0198779070
DOWNLOAD EBOOKAn easily accessible and comprehensive study of the International Court of Justice, this book succinctly explains all aspects of the world's most important court, including an overview of its composition and operation, jurisdiction, procedure, and the nature and impact of its judgments.
Europe and the Recognition of New States in Yugoslavia
Author: Richard Caplan
Publisher: Cambridge University Press
Published: 2005-09-01
Total Pages: 241
ISBN-13: 1139445510
DOWNLOAD EBOOKEurope's recognition of new states in Yugoslavia remains one of the most controversial episodes in the Yugoslav crisis. Richard Caplan offers a detailed narrative of events, exploring the highly assertive role that Germany played in the episode, the reputedly catastrophic consequences of recognition (for Bosnia-Herzegovina in particular) and the radical departure from customary state practice represented by the EC's use of political criteria as the basis of recognition. The book examines the strategic logic and consequences of the EC's actions but also explores the wider implications, offering insights into European security policy at the end of the Cold War, the relationship of international law to international relations and the management of ethnic conflict. The significance of this book extends well beyond Yugoslavia as policymakers continue to wrestle with the challenges posed by violent conflict associated with state fragmentation.
The Law and Politics of the Kosovo Advisory Opinion
Author: Marko Milanovic
Publisher: Oxford University Press, USA
Published: 2015
Total Pages: 385
ISBN-13: 0198717512
DOWNLOAD EBOOKThe Advisory Opinion of the International Court of Justice on Kosovo, handed down in 2010, was the first instance at which the Court had ruled on an unilateral declaration of independence. It stated that there was no objection to the declaration of independence under international law. It was highly controversial, as the Opinion could be seen to set a precedent for endorsing secession more widely. This book, written by an unparalleled team of experts, investigates the interplay between law and politics that took place over Kosovo's independence, both generally and in the specific context of the Advisory Opinion. It investigates how the International Court of Justice became the battleground over which Kosovo's independence was fought, and how the political arguments in favor of Kosovo's independence changed in the legal setting of the Court. It studies what the Court wanted to achieve, whether it succeeded in those aims, and the contentious reception its Opinion received. The book is structured in five parts, first setting out the historical and political context to the case, focusing on the conflicting narratives of reality within Serbia and Kosovo, of which the ICJ case was only a continuation, and the political arguments for and against Kosovo's independence. Secondly it examines in detail how the case was argued, what were the litigation strategies of the participating states, why some arguments rose to the forefront while others did not. In doing so it will extensively discuss the written and oral pleadings of all the participating states. Thirdly it analyses the Advisory Opinion itself, as well as things that the Court left unsaid with regard to general international law. Fourthly it looks at the consequences that the Opinion has had on the continuing dispute between Serbia and Kosovo, and how it was received in the international legal sphere. Finally, it examines the broader repercussions the Opinion might have on other cases of secession, even if it was probably designed not to have any.
Self-Determination and Secession in International Law
Author: Christian Walter
Publisher: OUP Oxford
Published: 2014-06-05
Total Pages: 337
ISBN-13: 0191006912
DOWNLOAD EBOOKPeoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.
The Theory of Self-Determination
Author: Fernando R. Tesón
Publisher: Cambridge University Press
Published: 2016-04-06
Total Pages: 259
ISBN-13: 1107119138
DOWNLOAD EBOOKIn this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.
Secession in International Law
Author: Milena Sterio
Publisher: Edward Elgar Publishing
Published: 2018-08-31
Total Pages: 239
ISBN-13: 1785361228
DOWNLOAD EBOOKSecession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.
NATO's Balancing Act
Author: David Scott Yost
Publisher: United States Institute of Peace Press
Published: 2014
Total Pages: 432
ISBN-13:
DOWNLOAD EBOOKNATO's Balancing Act evaluates the alliance's performance of its three core tasks--collective defense, crisis management, and cooperative security--and reviews its members' efforts to achieve the right balance among them. Yost considers NATO's role in the evolving global security environment and its implications for collective defense and crisis management in the Balkans, Afghanistan, Africa, Libya, and elsewhere.
