Borders, Legal Spaces and Territories in Contemporary International Law
Borders, Legal Spaces and Territories in Contemporary International Law

Author: Tommaso Natoli

Publisher: Springer Nature

Published: 2019-09-12

Total Pages: 270

ISBN-13: 3030209296

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This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.

Borders: A Very Short Introduction
Borders: A Very Short Introduction

Author: Alexander C. Diener

Publisher: Oxford University Press

Published: 2012-08-06

Total Pages: 152

ISBN-13: 0199912653

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Compelling and accessible, this Very Short Introduction challenges the perception of borders as passive lines on a map, revealing them instead to be integral forces in the economic, social, political, and environmental processes that shape our lives. Highlighting the historical development and continued relevance of borders, Alexander Diener and Joshua Hagen offer a powerful counterpoint to the idea of an imminent borderless world, underscoring the impact borders have on a range of issues, such as economic development, inter- and intra-state conflict, global terrorism, migration, nationalism, international law, environmental sustainability, and natural resource management. Diener and Hagen demonstrate how and why borders have been, are currently, and will undoubtedly remain hot topics across the social sciences and in the global headlines for years to come. This compact volume will appeal to a broad, interdisciplinary audience of scholars and students, including geographers, political scientists, anthropologists, sociologists, historians, international relations and law experts, as well as lay readers interested in understanding current events.

Security, Law and Borders
Security, Law and Borders

Author: Tugba Basaran

Publisher: Routledge

Published: 2010-09-21

Total Pages: 330

ISBN-13: 1136902120

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This book focuses on security practices, civil liberties and the politics of borders in liberal democracies. In the aftermath of 9/11, security practices and the denial of human rights and civil liberties are often portrayed as an exception to liberal rule, and seen as institutionally, legally and spatially distinct from the liberal state. Drawing upon detailed empirical studies from migration controls, such as the French waiting zone, Australian off-shore processing and US maritime interceptions, this study demonstrates that the limitation of liberties is not an anomaly of liberal rule, but embedded within the legal order of liberal democracies. The most ordinary, yet powerful way, of limiting liberties is the creation of legal identities, legal borders and legal spaces. It is the possibility of limiting liberties through liberal and democratic procedures that poses the key challenge to the protection of liberties. The book develops three inter-related arguments. First, it questions the discourse of exception that portrays liberal and illiberal rule as distinct ways of governing and scrutinizes liberal techniques for limiting liberties. Second, it highlights the space of government and argues for a change in perspective from territorial to legal borders, especially legal borders of policing and legal borders of rights. Third, it emphasizes the role of ordinary law for illiberal practices and argues that the legal order itself privileges policing powers and prevents access to liberties. This book will be of interest to students of critical security studies, social and political theory, political geography and legal studies, and IR in general.

Research Handbook on International Law and Cyberspace
Research Handbook on International Law and Cyberspace

Author: Tsagourias, Nicholas

Publisher: Edward Elgar Publishing

Published: 2021-12-14

Total Pages: 672

ISBN-13: 1789904250

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This revised and expanded edition of the Research Handbook on International Law and Cyberspace brings together leading scholars and practitioners to examine how international legal rules, concepts and principles apply to cyberspace and the activities occurring within it. In doing so, contributors highlight the difficulties in applying international law to cyberspace, assess the regulatory efficacy of these rules and, where necessary, suggest adjustments and revisions.

Borders in Cyberspace
Borders in Cyberspace

Author: Brian Kahin

Publisher: Mit Press

Published: 1997

Total Pages: 374

ISBN-13: 9780262611268

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Today millions of technologically empowered individuals are able to participate freely in international transactions and enterprises, social and economic. These activities are governed by national and local laws designed for simpler times and now challenged by a new technological and market environment as well as by the practicalities and politics of enforcement across national boundaries. Borders in Cyberspace investigates issues arising from national differences in law, public policy, and social and cultural values as these differences are reformulated in the emerging global information infrastructure. The contributions include detailed analyses of some of the most visible issues, including intellectual property, security, privacy, and censorship.

Indigenous Peoples and Borders
Indigenous Peoples and Borders

Author: Sheryl Lightfoot

Publisher: Duke University Press

Published: 2023-11-27

Total Pages: 210

ISBN-13: 1478027606

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The legacies of borders are far-reaching for Indigenous Peoples. This collection offers new ways of understanding borders by departing from statist approaches to territoriality. Bringing together the fields of border studies, human rights, international relations, and Indigenous studies, it features a wide range of voices from across academia, public policy, and civil society. The contributors explore the profound and varying impacts of borders on Indigenous Peoples around the world and the ways borders are challenged and worked around. From Bangladesh’s colonially imposed militarized borders to resource extraction in the Russian Arctic and along the Colombia-Ecuador border to the transportation of toxic pesticides from the United States to Mexico, the chapters examine sovereignty, power, and obstructions to Indigenous rights and self-determination as well as globalization and the economic impacts of borders. Indigenous Peoples and Borders proposes future action that is informed by Indigenous Peoples’ voices, needs, and advocacy. Contributors. Tone Bleie, Andrea Carmen, Jacqueline Gillis, Rauna Kuokkanen, Elifuraha Laltaika, Sheryl Lightfoot, David Bruce MacDonald, Toa Elisa Maldonado Ruiz, Binalakshmi “Bina” Nepram, Melissa Z. Patel, Manoel B. do Prado Junior, Hana Shams Ahmed, Elsa Stamatopoulou, Liubov Suliandziga, Rodion Sulyandziga, Yifat Susskind, Erika M. Yamada

Global Legal Pluralism
Global Legal Pluralism

Author: Paul Schiff Berman

Publisher: Cambridge University Press

Published: 2012-02-27

Total Pages: 357

ISBN-13: 1107376912

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We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

Cultural Heritage as a Legal Hybrid
Cultural Heritage as a Legal Hybrid

Author: Alicja Jagielska–Burduk

Publisher: Springer Nature

Published: 2022-07-19

Total Pages: 347

ISBN-13: 3031049462

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This book examines cultural heritage law in both its public and private modalities, focusing on the search for new solutions in national legislations. Both tangible and intangible cultural heritage pose challenges for national legislation regarding the legal histories of the respective countries, obligations deriving from international law, and the independence of respective national searches for a tailored protection model. Although the concept of cultural heritage transcends civil law regulation and property rights, it must be considered when attempting to establish any coherent cultural heritage protection system. In national legislation, we can now observe an increased interest in leveraging civil law or private law to strengthen cultural heritage protection systems. This book looks beyond public and private law on cultural heritage in order to address its complex status as a legal hybrid. Further, the book shows how current problems in the international debate are mirrored in national legislation. Poland is used as a practical example, while also referring to other countries’ solutions as well as EU and international law instruments. This approach enables the reader to examine the creation of national legislation at the operational level and provides a template for all national lawyers concerning current challenges and emerging trends. The book’s target audience includes researchers and practitioners in the field of cultural heritage law, as well as public and private law experts. The topics covered can also be helpful for law students, art market actors, and all those interested in the challenges of cultural heritage protection.

Routledge Handbook of International Law and the Humanities
Routledge Handbook of International Law and the Humanities

Author: Shane Chalmers

Publisher: Routledge

Published: 2021-05-19

Total Pages: 653

ISBN-13: 1000385760

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This Handbook brings together 40 of the world’s leading scholars and rising stars who study international law from disciplines in the humanities – from history to literature, philosophy to the visual arts – to showcase the distinctive contributions that this field has made to the study of international law over the past two decades. Including authors from Australia, Canada, Europe, India, South Africa, the UK and the USA, all the contributors engage the question of what is distinctive, and critical, about the work that has been done and that continues to be done in the field of ‘international law and the humanities’. For many of these authors, answering this question involves reflecting on the work they themselves have been contributing to this path-breaking field since its inception at the end of the twentieth century. For others, it involves offering models of the new work they are carrying out, or else reflecting on the future directions of a field that has now taken its place as one of the most important sites for the study of international legal practice and theory. Each of the book’s six parts foregrounds a different element, or cluster of elements, of international law and the humanities, from an attention to the office, conduct and training of the jurist and jurisprudent (Part 1); to scholarly craft and technique (Part 2); to questions of authority and responsibility (Part 3); history and historiography (Part 4); plurality and community (Part 5); as well as the challenge of thinking, and rethinking, international legal concepts for our times (Part 6). Outlining new ways of imagining, and doing, international law at a moment in time when original, critical thought and practice is more necessary than ever, this Handbook will be essential for scholars, students and practitioners in international law, international relations, as well as in law and the humanities more generally.