Shahar Hameiri argues that state building interventions are creating a new form of transnationally regulated statehood. Using case-studies from the Asia-Pacific, he analyzes the politics of state building and the implications for contemporary statehood and the global order.
Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.
This Oxford Handbook will be the definitive study of governance for years to come. 'Governance' has become one of the most popular terms in contemporary political science; this Handbook explores the full range of meaning and application of the concept and its use in a number of research fields.
Unpacking the major debates, this Oxford Handbook brings together leading authors of the field to provide a state-of-the-art guide to governance in areas of limited statehood where state authorities lack the capacity to implement and enforce central decision and/or to uphold the monopoly over the means of violence. While areas of limited statehood can be found everywhere - not just in the global South -, they are neither ungoverned nor ungovernable. Rather, a variety of actors maintain public order and safety, as well as provide public goods and services. While external state 'governors' and their interventions in the global South have received special scholarly attention, various non-state actors - from NGOs to business to violent armed groups - have emerged that also engage in governance. This evidence holds for diverse policy fields and historical cases. The Handbook gives a comprehensive picture of the varieties of governance in areas of limited statehood from interdisciplinary perspectives including political science, geography, history, law, and economics. 29 chapters review the academic scholarship and explore the conditions of effective and legitimate governance in areas of limited statehood, as well as its implications for world politics in the twenty-first century. The authors examine theoretical and methodological approaches as well as historical and spatial dimensions of areas of limited statehood, and deal with the various governors as well as their modes of governance. They cover a variety of issue areas and explore the implications for the international legal order, for normative theory, and for policies toward areas of limited statehood.
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Mark Findlay's treatment of regulatory sociability charts the anticipated and even inevitable transition to mutual interest which is the essence of taking communities from shared risk to shared fate. In the context of today's global crises, he explains that for the sake of sustainability, human diversity can bond in different ways to achieve fate.
The contemporary state is not only the main force behind environmental change, but the reactions to environmental problems have played a crucial role in the modernisation of the state apparatus, especially because of its mediatory role. The Political Ecology of the State is the first book to critically assess the philosophical basis of environmental statehood and regulation, addressing the emergence and evolution of environmental regulation from the early twentieth century to the more recent phase of ecological modernisation and the neoliberalisation of nature. The state is understood as the result of permanent socionatural interactions and multiple forms of contestation, from a critical politico-ecological approach. This book examines the tension between pro- and anti-commons tendencies that have permeated the organisation and failures of the environmental responses put forward by the state. It provides a reinterpretation of the achievements and failures of mainstream environmental policies and regulation, and offers a review of the main philosophical influences behind different periods of environmental statehood and regulation. It sets out an agenda for going beyond conventional state regulation and grassroots dealings with the state, and as such redefines the environmental apparatus of the state.
Negotiating Statehood: Dynamics of Power and Domination in Africa provides a conceptual framework for analysing dynamic processes of state-making in Africa. Features a conceptual framework which provides a method for analysing the everyday making, contestation, and negotiation of statehood in contemporary Africa Conceptualizes who negotiates statehood (the actors, resources and repertoires), where these negotiation processes take place, and what these processes are all about ncludes a collections of essays that provides empirical and analytical insights into these processes in eight different country studies in Africa Critically reflects on the negotiability of statehood in Africa
This volume provides an innovative and engaging way of assessing the development of international law scholarship and practice to date and its potential future development by focusing upon the ‘leading works’ of the discipline. International law has established itself as an important area of academic study and legal practice. Given its academic, legal and everyday significance and its prolific role within law school teaching and research, it is important to question and analyse the development of international law, exploring the complex and shifting interplay between law, policy, theory and culture and the role of international and national actors within a diverse and dynamic community of nations. This collection presents contributions from leading scholars of public international law across the globe and the works chosen by the editor represent a diverse range of subjects within the broader discipline. Each chapter analyses the importance and legacy of a specific work, with a view to reflecting upon how that publication has contributed to shaping the broader literature in the field of international law and how it may continue to have an influence on both scholarship and practice in the future. Taken as a whole, the chapters included in this collection provide an original exploration of a variety of important themes about how the discipline has evolved over time. The Prologue and Epilogue critically assess the development of international law in light of the reflections by contributors. The book will be a valuable resource for lawyers, international law practitioners, students, and academics alike.
The International Law Commission, when drafting articles on nationality of persons in situations of State succession, omitted cases of unlawful territorial changes. These do not result in State succession; they may be dealt with under the rubric of State continuity. The Baltic – Russian cases show the particularly complex nature of these situations, both as concerns agreement on continuity and decisions on nationality. The author examines in detail the Citizenship Laws of the Baltic States and Russia, as well as relevant constitutional and international statements about the international legal status of the States and responses of the international community thereto. The main question addressed in the book is about solutions which States have to adopt concerning nationality of individuals in situations of State continuity, especially where States re-emerge after long years of occupation. Although the book is specific in its origin, it is of general importance because it draws conclusions concerning developments in law and practice which are relevant for a better understanding and regulation of nationality and statehood in international law.