A Principled Approach to State Failure

A Principled Approach to State Failure PDF Author: Chiara Giorgetti
Publisher: BRILL
ISBN: 900418127X
Category : Law
Languages : en
Pages : 217

Book Description
This book is the first legal study of state failure in international law. Dr. Giorgetti specifically analyses health, environmental and human rights emergencies and suggests concrete instruments for international actors facing emergencies in failing states. Her Principles for Action are an important contribution to the development of international law.

A Principled Approach to State Failure

A Principled Approach to State Failure PDF Author: Chiara Giorgetti
Publisher: BRILL
ISBN: 9004181288
Category : Law
Languages : en
Pages : 216

Book Description
This book is the first legal study of state failure in international law. Building on a comprehensive analysis of the phenomenon, Dr. Giorgetti provides a definition of state failure that informs her study of how international actors may operate in situations of emergencies occurring in failed and failing states. The book specifically focuses on actions taken in health, environmental and human rights emergencies to provide generally applicable conclusions. Indeed, the Principles for Action distilled in the final chapter will provide concrete instruments to the international community to act in emergency situations and will prove to be an important contribution to the development of international law.

International Development Organizations and Fragile States

International Development Organizations and Fragile States PDF Author: Marie von Engelhardt
Publisher: Springer
ISBN: 3319626957
Category : Social Science
Languages : en
Pages : 262

Book Description
This book addresses a conundrum for the international development community: The law of development cooperation poses major constraints on delivering aid where it is needed most. The existence of a state with an effective government is a basic condition for the transfer of aid, making development cooperation with ‘fragile’ nations particularly challenging. The author explores how international organizations like the World Bank have responded by adopting formal and informal rules to engage specifically with countries with weak or no governments. Von Engelhardt provides a critical analysis of the discourse on fragile states and how it has shaped the policy decision-making of international organizations. By demonstrating how perceptions of fragility can have significant consequences both in practice and in law, the work challenges conventional research that dismisses state fragility as a phenomenon beyond law. It also argues that the legal parameters for effective global policy play a crucial role, and offers a fresh approach to a topic that is central to international security and development.

Self-Determination, International Law and Post-Conflict Reconstruction

Self-Determination, International Law and Post-Conflict Reconstruction PDF Author: Manuela Melandri
Publisher: Routledge
ISBN: 0429880987
Category : Law
Languages : en
Pages : 258

Book Description
The right to self-determination has played a crucial role in the process of assisting oppressed people to put an end to colonial domination. Outside of the decolonization context, however, its relevance and application has constantly been challenged and debated. This book examines the role played by self-determination in international law with regard to post-conflict state building. It discusses the question of whether self-determination protects local populations from the intervention of international state-builders in domestic affairs. With a focus on the right as it applies to the people of an independent state, it explores how self-determination concerns that arise in the post-conflict period play out in relation to the reconstruction process. The book analyses the situation in Somalia as a means of drawing out the impact and significance of the legal principle of self-determination in the process of rebuilding post-conflict institutions. In so doing, it seeks to highlight how the relevance of self-determination is often overlooked in this context.

War, State and Sovereignty

War, State and Sovereignty PDF Author: Grégory Daho
Publisher: Springer Nature
ISBN: 3031336615
Category : Electronic books
Languages : en
Pages : 282

Book Description
This book addresses the links between war, state and sovereignty using an interdisciplinary approach. The authors and editors investigate the transformation of the state through the practices of security governance - an effective way to question the evolution of authority and legitimacy of state violence, and the organisation of human societies. This work contributes to the understanding of the transformation of state through the prism of security challenges and provides the means to identify the evolution of their regalian contours, the legal and technical forms of regulating violence, and the legitimisation of public power. This volume shows that the contribution of the social sciences is decisive for understanding the changes of the role and insertion of armed forces in their political, social and professional environment. Grégory Daho is Associate Professor of Political Science at University Paris 1 Panthéon Sorbonne, France Yann Richard is Professor of Geography at University Paris 1 Panthéon Sorbonne, France.

Investments in Conflict Zones

Investments in Conflict Zones PDF Author: Tobias Ackermann
Publisher: BRILL
ISBN: 9004442839
Category : Law
Languages : en
Pages : 537

Book Description
In Investments in Conflict Zones, a selected group of experts explores how armed conflicts, territorial disputes, and ‘frozen’ conflicts impact the application and interpretation of international investment law and how investment protection can be reconciled with such politically charged circumstances.

The World Bank Legal Review

The World Bank Legal Review PDF Author: Hassane Cissé
Publisher: World Bank Publications
ISBN: 0821388630
Category : Law
Languages : en
Pages : 429

Book Description
This book focuses on the legal challenges and opportunities for International Financial Institutions in the post-crisis world. It includes contributions from academics, practitioners and Bank staff. The contributions cover a broad array of issues, included governance reform and constitutional framework of IFIs, privileges and immunities, responsibility of international organizations, issues related to fragile and conflict-affected states, climate finance, and the recent financial crisis. The book is organized in three main areas, namely (i) Law of International Organizations: Issues Confronting IFIs; (ii) Legal Obligations and Institutions of Developing Countries: Rethinking Approaches of IFIs; and (iii) International Finance and the Challenges of Regulatory Governance.

Resolving Conflicts in the Law

Resolving Conflicts in the Law PDF Author: Chiara Giorgetti
Publisher: BRILL
ISBN: 9004316531
Category : Law
Languages : en
Pages : 435

Book Description
Resolving Conflicts in the Law, edited by Chiara Giorgetti and Natalie Klein, honours the work of Professor Lea Brilmayer whose intellectual contribution and influence span scholarly debate and the practice of both public and private international law. The book’s essays are from leading international law scholars and practitioners in the field—including Michael Reisman, Stephen Schwebel, Erin O’Connor O’Hara, John Crook, Philippa Webb, Kermit Roosevelt, Harold Koh—and reflect on contemporary and cutting-edge questions of international law. Each contribution enriches and advances scholarly debate on topics of law for which Lea Brilmayer is well known, including: international dispute settlement; conflicts of law; international relations theory; secession and territorial and maritime sovereignty.

Extracting Accountability from Non-State Actors in International Law

Extracting Accountability from Non-State Actors in International Law PDF Author: Lee James McConnell
Publisher: Taylor & Francis
ISBN: 1317220579
Category : Law
Languages : en
Pages : 297

Book Description
The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power. This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law.

Making States Work

Making States Work PDF Author: United Nations University
Publisher: United Nations University Press
ISBN: 928081107X
Category : Political Science
Languages : en
Pages : 419

Book Description
The point of departure for this collection of articles is the idea that there is a link between international peace and strong states respectful of human rights and robust civil societies. Presented by Chesterman (New York U. School of Law, US), Ignatieff (Harvard U.'s John F. Kennedy School of Government, US), and Thakur (United Nations Universi