Sovereignty in the Exercise of the Right to Self-Determination

Sovereignty in the Exercise of the Right to Self-Determination
Author :
Publisher : BRILL
Total Pages : 379
Release :
ISBN-10 : 9789004328709
ISBN-13 : 900432870X
Rating : 4/5 (09 Downloads)

Synopsis Sovereignty in the Exercise of the Right to Self-Determination by : Jane A. Hofbauer

Sovereignty in the Exercise of the Right to Self-Determination detangles the relationship between a number of principles of international law and the exercise of sovereign power. Jane Hofbauer’s assessment is conducted through an analysis of the different tiers of self-determination, ranging from the right to exercise external self-determination, the right to exercise forms of autonomy as a form of de facto independence, and the right to a type of ‘spatial’ independence, exemplified through the principles of permanent sovereignty over natural resources (PSNR), and free, prior and informed consent (FPIC). The book not only highlights the (intentional) uncertainties within each of these principles, but identifies the (non-discretionary) limits to their normative evolution. It thereby explores to what extent (indigenous) peoples can be designated as sovereign entities.

The Right to Self-determination

The Right to Self-determination
Author :
Publisher : New York : United Nations
Total Pages : 142
Release :
ISBN-10 : UOM:39015027238081
ISBN-13 :
Rating : 4/5 (81 Downloads)

Synopsis The Right to Self-determination by : Aureliu Cristescu

The UN Friendly Relations Declaration at 50

The UN Friendly Relations Declaration at 50
Author :
Publisher : Cambridge University Press
Total Pages : 1074
Release :
ISBN-10 : 9781108662307
ISBN-13 : 1108662307
Rating : 4/5 (07 Downloads)

Synopsis The UN Friendly Relations Declaration at 50 by : Jorge E. Viñuales

The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.

The Theory of Self-Determination

The Theory of Self-Determination
Author :
Publisher : Cambridge University Press
Total Pages : 259
Release :
ISBN-10 : 9781107119130
ISBN-13 : 1107119138
Rating : 4/5 (30 Downloads)

Synopsis The Theory of Self-Determination by : Fernando R. Tesón

In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.

The Sovereignty of Human Rights

The Sovereignty of Human Rights
Author :
Publisher : Oxford University Press
Total Pages : 272
Release :
ISBN-10 : 9780190267339
ISBN-13 : 019026733X
Rating : 4/5 (39 Downloads)

Synopsis The Sovereignty of Human Rights by : Patrick Macklem

The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.

Secession in International Law

Secession in International Law
Author :
Publisher : Edward Elgar Publishing
Total Pages : 239
Release :
ISBN-10 : 9781785361227
ISBN-13 : 1785361228
Rating : 4/5 (27 Downloads)

Synopsis Secession in International Law by : Milena Sterio

Secession 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.

The Judicial Application of Human Rights Law

The Judicial Application of Human Rights Law
Author :
Publisher : Cambridge University Press
Total Pages : 1104
Release :
ISBN-10 : 052178042X
ISBN-13 : 9780521780421
Rating : 4/5 (2X Downloads)

Synopsis The Judicial Application of Human Rights Law by : Nihal Jayawickrama

10 The right to life

Sovereignty & the Responsibility to Protect

Sovereignty & the Responsibility to Protect
Author :
Publisher : University of Chicago Press
Total Pages : 305
Release :
ISBN-10 : 9780226077086
ISBN-13 : 022607708X
Rating : 4/5 (86 Downloads)

Synopsis Sovereignty & the Responsibility to Protect by : Luke Glanville

In 2011, the United Nations Security Council adopted Resolution 1973, authorizing its member states to take measures to protect Libyan civilians from Muammar Gadhafi’s forces. In invoking the “responsibility to protect,” the resolution draws on the principle that sovereign states are responsible and accountable to the international community for the protection of their populations and that the international community can act to protect populations when national authorities fail to do so. The idea that sovereignty includes the responsibility to protect is often seen as a departure from the classic definition, but it actually has deep historical roots. In Sovereignty and the Responsibility to Protect, Luke Glanville argues that this responsibility extends back to the sixteenth and seventeenth centuries, and that states have since been accountable for this responsibility to God, the people, and the international community. Over time, the right to national self-governance came to take priority over the protection of individual liberties, but the noninterventionist understanding of sovereignty was only firmly established in the twentieth century, and it remained for only a few decades before it was challenged by renewed claims that sovereigns are responsible for protection. Glanville traces the relationship between sovereignty and responsibility from the early modern period to the present day, and offers a new history with profound implications for the present.

Election Interference

Election Interference
Author :
Publisher : Cambridge University Press
Total Pages : 233
Release :
ISBN-10 : 9781108861328
ISBN-13 : 1108861326
Rating : 4/5 (28 Downloads)

Synopsis Election Interference by : Jens David Ohlin

Russian interference in the 2016 US presidential election produced the biggest political scandal in a generation, marking the beginning of an ongoing attack on democracy. In the run-up to the 2020 election, Russia was found to have engaged in more “information operations,” a practice that has been increasingly adopted by other countries. In Election Interference, Jens David Ohlin makes the case that these operations violate international law, not as a cyberwar or a violation of sovereignty, but as a profound assault on democratic values protected by the international legal order under the rubric of self-determination. He argues that, in order to confront this new threat to democracy, countries must prohibit outsiders from participating in elections, enhance transparency on social media platforms, and punish domestic actors who solicit foreign interference. This important book should be read by anyone interested in protecting election integrity in our age of social media disinformation.

The International Covenant on Economic, Social and Cultural Rights

The International Covenant on Economic, Social and Cultural Rights
Author :
Publisher : Oxford University Press
Total Pages : 1358
Release :
ISBN-10 : 9780199640300
ISBN-13 : 0199640300
Rating : 4/5 (00 Downloads)

Synopsis The International Covenant on Economic, Social and Cultural Rights by : Ben Saul

"One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.