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Author: Malcolm Nathan Shaw Publisher: ISBN: Category : Business & Economics Languages : en Pages : 456
Book Description
The territorially-based view of international law remains the fundamental model and is subscribed to by third world states. This study analyzes the colonial acquisition of African territory with particular reference to the evolution of the principles of self-determination and its impact upon the law relating to territory.
Author: Malcolm Nathan Shaw Publisher: ISBN: Category : Business & Economics Languages : en Pages : 456
Book Description
The territorially-based view of international law remains the fundamental model and is subscribed to by third world states. This study analyzes the colonial acquisition of African territory with particular reference to the evolution of the principles of self-determination and its impact upon the law relating to territory.
Author: Malcolm Nathan Shaw Publisher: Routledge ISBN: 9781840144635 Category : Boundaries Languages : en Pages : 0
Book Description
Contains essays describing the role of territory in international law. This book also describes how the international legal system accepts and regulates the apportionment of territory between states, and regulates boundary questions.
Author: Joshua Castellino Publisher: Dartmouth Publishing Group ISBN: Category : Law Languages : en Pages : 296
Book Description
In seeking to foster preconditions for maintenance of order international law lays great emphasis on state sovereignty - guaranteeing states special protection against threats to their territorial integrity. However, the demarcation of territory in most post-colonial states is extremely controversial since these physical dimensions were usually established during European colonial rule. The Roman doctrine of uti possidetis was called upon to add the thrust of legal sanctity and prevent challenge to boundaries bequeathed to the new ruler. By charting its progress through different temporal phases this book demonstrates that this doctrine evolved to suit political rather than legal tenets. The book is divided into seven chapters; the first two focussing on theoretical issues surrounding uti possidetis, examining its original development in Roman law. The next three chapters trace usage of the doctrine through Spanish decolonization, African colonisation and recent ICJ jurisprudence while the last two study modern manifestations of the effects of the doctrine in the former Yugoslavia and for indigenous peoples world-wide. A comprehensive and critical analysis of the Roman doctrine of uti possidetis, this book is an important resource for both students and scholars of international law.
Author: Mieke van der Linden Publisher: BRILL ISBN: 9004321195 Category : Law Languages : en Pages : 364
Book Description
Over recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities.
Author: Cathal M. Doyle Publisher: Routledge ISBN: 1317703189 Category : Law Languages : en Pages : 367
Book Description
The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.
Author: Dirdeiry M. Ahmed Publisher: Cambridge University Press ISBN: 1107117984 Category : History Languages : en Pages : 321
Book Description
This book challenges the central assumption of the law of territory by establishing that uti possidetis is not a general principle of law, and arguing that African customary rules were generated. It includes in-depth coverage of African secession, with issues of human rights law, self-determination and political science presented in a new light.
Author: Mostafa Minawi Publisher: Stanford University Press ISBN: 0804799296 Category : History Languages : en Pages : 240
Book Description
The Ottoman Scramble for Africa is the first book to tell the story of the Ottoman Empire's expansionist efforts during the age of high imperialism. Following key representatives of the sultan on their travels across Europe, Africa, and Arabia at the close of the nineteenth century, it takes the reader from Istanbul to Berlin, from Benghazi to Lake Chad Basin to the Hijaz, and then back to Istanbul. It turns the spotlight on the Ottoman Empire's expansionist strategies in Africa and its increasingly vulnerable African and Arabian frontiers. Drawing on previously untapped Ottoman archival evidence, Mostafa Minawi examines how the Ottoman participation in the Conference of Berlin and involvement in an aggressive competition for colonial possessions in Africa were part of a self-reimagining of this once powerful global empire. In so doing, Minawi redefines the parameters of agency in late-nineteenth-century colonialism to include the Ottoman Empire and turns the typical framework of a European colonizer and a non-European colonized on its head. Most importantly, Minawi offers a radical revision of nineteenth-century Middle East history by providing a counternarrative to the "Sick Man of Europe" trope, challenging the idea that the Ottomans were passive observers of the great European powers' negotiations over solutions to the so-called Eastern Question.
Author: Olufunmilayo B. Arewa Publisher: Cambridge University Press ISBN: 1009064223 Category : Law Languages : en Pages : 665
Book Description
In the digital era, many African countries sit at the crossroads of a potential future that will be shaped by digital-era technologies with existing laws and institutions constructed under conditions of colonial and post-colonial authoritarian rule. In Disrupting Africa, Olufunmilayo B. Arewa examines this intersection and shows how it encompasses existing and new zones of contestation based on ethnicity, religion, region, age, and other sources of division. Arewa highlights specific collisions between the old and the new, including in the 2020 #EndSARS protests in Nigeria, which involved young people engaging with varied digital era technologies who provoked a violent response from rulers threatened by the prospect of political change. In this groundbreaking work, Arewa demonstrates how lawmaking and legal processes during and after colonialism continue to frame contexts in which digital technologies are created, implemented, regulated, and used in Africa today.
Author: Malcolm N. Shaw Publisher: Cambridge University Press ISBN: 9781139438643 Category : Law Languages : en Pages : 1452
Book Description
This fifth edition of Malcolm Shaw's bestselling textbook on international law provides a clear, authoritative and comprehensive introduction to the subject, fully revised and updated to Spring 2003. Basically preserving the structure which made the previous edition so successful, a new chapter on Inter-state Courts and Tribunals considers the role of the International Court of Justice and the International Tribunal on the Law of the Sea, and there is a new chapter on international humanitarian law. Also examined are arbitration tribunals and the role of international institutions such as the WTO in resolving conflicts. The prosecution of individuals for violations of international law is examined. Additional coverage of events in Kosovo and Iraq analyses the questions of humanitarian intervention and the role of the UN. Written in a clear and accessible style, setting the subject firmly in the context of world politics and the economic and cultural influences affecting it, this book remains a highly readable and invaluable resource for students and practitioners alike. The scope of the text makes this essential reading for students of international law, international relations and the political sciences. The book is also valuable to professionals and governmental and international civil servants.
Author: Malcolm Nathan Shaw
Author: Malcolm Nathan Shaw
Author: Malcolm Nathan Shaw
Author: Joshua Castellino
Author: Mieke van der Linden
Author: Cathal M. Doyle
Author: Dirdeiry M. Ahmed
Author: Mostafa Minawi
Author: Olufunmilayo B. Arewa
Author: Richard Akinjide
Author: Malcolm N. Shaw