The Creation Of States In International Law

Author: James Crawford
Publisher: Oxford University Press
ISBN: 0198260024
Size: 22.28 MB
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Presents a comprehensive treatment of statehood in the field of international law. While retaining an enormous wealth of historical material of continuing validity, this edition tackles problems and questions such as the international disposition of territory in Kosovo and East Timor, claims for secession in Chechnya and Quebec, and more.

The Creation Of States In International Law

Author: James R. Crawford
Publisher: OUP Oxford
ISBN: 0191511986
Size: 63.17 MB
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Statehood in the early 21st century remains as much a central problem as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.

Foundations Of Public International Law Examine Critically The Requirements For The Creation Of A State In Modern International Law

Author: Timo Hohmuth
Publisher: GRIN Verlag
ISBN: 363832365X
Size: 79.60 MB
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Essay from the year 2000 in the subject Law - European and International Law, Intellectual Properties, grade: 2 (B), University of Newcastle upon Tyne (Law School), course: Foundations of Public International Law, 13 entries in the bibliography, language: English, abstract: “The orthodox positivist doctrine has been explicit in the affirmation that only States are subjects of international law.”1 However, since international law is primarily concealed with the rights and duties of states, it is necessary to have a clear idea of what a state is. Problems of definition of statehood and of its application thus occupy an important place in the structure of international law. The disputes on this topic tend to be focused on factual issues rather than on the relevant legal criteria. The question of the criteria is a mixed fact and law question though. To create a state entities must fulfil certain criteria of statehood. There are different opinions on the essential criteria, which will be examined critically hereafter. 1 Lauterpacht, International Law, p. 489.

The Law Of International Responsibility

Author: James Crawford
Publisher: Oxford University Press
ISBN: 0199296979
Size: 44.59 MB
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The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.

Russian Approaches To International Law

Author: Lauri Mälksoo
Publisher: Oxford University Press, USA
ISBN: 0198723040
Size: 29.60 MB
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Provides a detailed analysis of how Russia's understanding of international law has developed Draws on historical, theoretical, and practical perspectives to offer the reader the 'big picture' of Russia's engagement with international law Extensively uses sources and resources in the Russian language, including many which are not easily available to scholars outside of Russia

State Responsibility

Author: James Crawford
Publisher: Cambridge University Press
ISBN: 0521822661
Size: 38.76 MB
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Reviews the responsibility of states for acts contrary to international law and examines the connections between institutions, rules and practice.

Climate Change Forced Migration And International Law

Author: Jane McAdam
Publisher: Oxford University Press
ISBN: 9780199587087
Size: 37.82 MB
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This is a key study into whether 'climate change refugees' are protected by international law. It examines the reasons why people do or do not move; how far climate change is a trigger for movement; and whether traditional international responses, such as creating new treaties and new institutions, are appropriate solutions in this context.

The New Terrain Of International Law

Author: Karen J. Alter
Publisher: Princeton University Press
ISBN: 1400848687
Size: 70.62 MB
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In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Legalist Empire

Author: Benjamin Allen Coates
Publisher: Oxford University Press
ISBN: 0190495952
Size: 33.61 MB
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After 1898 the United States not only solidified its position as an economic colossus, but by annexing Puerto Rico and the Philippines it had also added for the first time semi-permanent, heavily populated colonies unlikely ever to attain statehood. In short order followed a formal protectorate over Cuba, the "taking" of Panama to build a canal, and the announcement of a new Corollary to the Monroe Doctrine, proclaiming an American duty to "police" the hemisphere. Empire had been an American practice since the nation's founding, but the new policies were understood as departures from traditional methods of territorial expansion. How to match these actions with traditional non-entanglement constituted the central preoccupation of U.S. foreign relations in the early twentieth century. International lawyers proposed instead that the United States become an impartial judge. By becoming a force for law in the world, America could reconcile its republican ideological tradition with a desire to rank with the Great Powers. Lawyers' message scaled new heights of popularity in the first decade and a half of the twentieth century as a true profession of international law emerged. The American Society of International Law (ASIL) and other groups, backed by the wealth of the Carnegie Endowment for International Peace, held annual meetings and published journals. They called for the creation of an international court, the holding of regular conferences to codify the rules of law, and the education of public opinion as to the proper rights and duties of states. To an extent unmatched before or since, the U.S. government-the executive branch if not always the U.S. Senate-embraced this project. Washington called for peace conferences and pushed for the creation of a "true" international court. It proposed legal institutions to preserve order in its hemisphere. Meanwhile lawyers advised presidents and made policy. The ASIL counted among its first members every living secretary of state (but one) who held office between 1892 and 1920. Growing numbers of international lawyers populated the State Department and represented U.S. corporations with business overseas. International lawyers were not isolated idealists operating from the sidelines. Well-connected, well-respected, and well-compensated, they formed an integral part of the foreign policy establishment that built and policed an expanding empire.

The Hidden History Of International Law In The Americas

Author: Juan Pablo Scarfi
Publisher: Oxford University Press
ISBN: 0190622342
Size: 24.54 MB
Format: PDF
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International law has played a crucial role in the construction of imperial projects. Yet within the growing field of studies about the history of international law and empire, scholars have seldom considered this complicit relationship in the Americas. The Hidden History of International Law in the Americas offers the first exploration of the deployment of international law for the legitimization of U.S. ascendancy as an informal empire in Latin America. This book explores the intellectual history of a distinctive idea of American international law in the Americas, focusing principally on the evolution of the American Institute of International Law (AIIL). This organization was created by U.S. and Chilean jurists James Brown Scott and Alejandro Alvarez in Washington D.C. for the construction, development, and codification of international law across the Americas. Juan Pablo Scarfi examines the debates sparked by the AIIL over American international law, intervention and non-intervention, Pan-Americanism, the codification of public and private international law and the nature and scope of the Monroe Doctrine, as well as the international legal thought of Scott, Alvarez, and a number of jurists, diplomats, politicians, and intellectuals from the Americas. Professor Scarfi argues that American international law, as advanced primarily by the AIIL, was driven by a U.S.-led imperial aspiration of civilizing Latin America through the promotion of the international rule of law. By providing a convincing critical account of the legal and historical foundations of the Inter-American System, this book will stimulate debate among international lawyers, IR scholars, political scientists, and intellectual historians.