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Unrecognized Entities

Unrecognized Entities PDF Author:
Publisher: BRILL
ISBN: 9004499105
Category : Law
Languages : en
Pages : 288

Book Description
The book comprehensively discusses legal and political issues of non-recognized entities in the context of international and European Law, combining perspectives of international and European law with those of the non-recognized entities themselves.

Unrecognized Entities

Unrecognized Entities PDF Author:
Publisher: BRILL
ISBN: 9004499105
Category : Law
Languages : en
Pages : 288

Book Description
The book comprehensively discusses legal and political issues of non-recognized entities in the context of international and European Law, combining perspectives of international and European law with those of the non-recognized entities themselves.

Unrecognized States and Secession in the 21st Century

Unrecognized States and Secession in the 21st Century PDF Author: Martin Riegl
Publisher: Springer
ISBN: 3319569139
Category : Political Science
Languages : en
Pages : 228

Book Description
This book presents novel theoretical and empirical findings on the issue of unrecognized states and secession. The first part of the book conceptualizes unrecognized states as entities with a national identity and which have achieved political independence, yet are not internationally recognized as independent states. It also addresses topics such as the role of superpowers in secessionist conflicts, ontological security in post-Soviet states, and factors influencing the legitimacy of secession referenda. In turn, the book’s second part presents selected case studies on various secessionist regions and territories, including Kurdistan, the Caucasus, Kosovo, and Bougainville.

Unrecognized States

Unrecognized States PDF Author: Nina Caspersen
Publisher: John Wiley & Sons
ISBN: 0745660045
Category : Political Science
Languages : en
Pages : 228

Book Description
Unrecognized states are places that do not exist in international politics; they are state-like entities that have achieved de facto independence, but have failed to gain widespread international recognition. Since the Cold-War, unrecognized states have been involved in conflicts over sovereign statehood in the Balkans, the former Soviet Union, South Asia, the Horn of Africa, and the South Pacific; some of which elicited major international crises and intervention, including the use of armed force. Yet they remain subject to many myths and simplifications. Drawing on a number of contemporary and historical cases, from Nagorno Karabakh and Somaliland to Taiwan, this timely new book provides a comprehensive analysis of unrecognized states. It examines their origins, the factors that enable them to survive and explores their likely future trajectories. But it is not just a book about unrecognized states; it is a book about sovereignty and statehood; one which does not shy way from addressing crucial issues such as how these anomalies survive in a system of sovereign states and how the context of non-recognition affects their attempts to build effective state-like entities. Ideal for students and scholars of global politics, peace and conflict studies, Unrecognized States offers a much needed and engaging account of the development of unrecognized states in the modern international system.

International Society and the De Facto State

International Society and the De Facto State PDF Author: Scott Pegg
Publisher: Routledge
ISBN: 1000708578
Category : Political Science
Languages : en
Pages : 285

Book Description
Originally published in 1998, International Society and the De Facto Society explores the phenomenon of de facto statehood in contemporary international relations. The de facto state is almost the inverse of what Robert Jackson has termed the ‘quasi-state’. The quasi-state has an ambassador, a flag, and a seat at the United Nations, but it does not function positively as a viable governing entity. Its limitations though, do not detract from sovereign legitimacy. The de facto state, on the other hand, lacks legitimacy yet effectively controls a given territorial area and provides governmental services to a specific population. The book engages in a birth, life, and death or evolution examination of the de facto state.

Unrecognized States in the International System

Unrecognized States in the International System PDF Author: Nina Caspersen
Publisher: Routledge
ISBN: 1136849998
Category : Political Science
Languages : en
Pages : 262

Book Description
Unrecognized states are territories that have achieved de facto independence, yet have failed to gain international recognition as independent states. These territories constitute anomalies in the international system of sovereign states and often present significant challenges to policy makers, as evidenced by the war in Georgia and the continued debate over Kosovo’s independence. This book draws on both theory and case studies to better understand the phenomenon of unrecognized states, demonstrating that the existence of such entities is less unusual than previously assumed. Moving away from an overt focus on case studies, the chapters present various themes that link the emergence, operations, and development of unrecognized states and assess how the established order of states responds to the challenges they present: How do unrecognized interact with the international system of sovereign states? How does it shape their emergence, operations and development? How do these entities develop in a context of non-recognition? Are we witnessing a new form of statehood, or are these entities better understood as states-in-waiting? What are the strategies available for dealing with unrecognized states? Could power-sharing or autonomy provide a solution or are more innovative strategies necessary? With contributions from leading scholars in a number of fields, this book will appeal not only to students and scholars of Political Science, International Relations, Geography, Area Studies, Sociology, and Conflict Resolution, but also to journalists, government bodies and NGOs.

International Law in Domestic Courts

International Law in Domestic Courts PDF Author: André Nollkaemper
Publisher:
ISBN: 0198739745
Category : Law
Languages : en
Pages : 769

Book Description
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.

De Facto States in Eurasia

De Facto States in Eurasia PDF Author: Tomáš Hoch
Publisher: Routledge
ISBN: 0429534256
Category : Social Science
Languages : en
Pages : 309

Book Description
This book explores the phenomenon of de facto states in Eurasia: states such as Abkhazia, Nagorno-Karabakh, and the Transnistrian Moldovan Republic. It examines how they are formed, what sustains them, and how their differing development trajectories have unfolded. It argues that most of these de facto states have been formed with either direct or indirect support from Russia, but they all have their own internal logic and are not simply puppets in the hands of a powerful patron. The book provides detailed case studies and draws out general patterns, and compares present-day de facto states with de facto states which existed in the past.

Gifts

Gifts PDF Author: Richard Hyland
Publisher: Oxford University Press
ISBN: 0199711097
Category : Law
Languages : en
Pages : 731

Book Description
Gifts: A Study in Comparative Law is the first broad-based study of the law governing the giving and revocation of gifts ever attempted. Gift-giving is everywhere governed by social and customary norms before it encounters the law and the giving of gifts takes place largely outside of the marketplace. As a result of these two characteristics, the law of gifts provides an optimal lens through which to examine how different legal systems engage with social practice. The law of gifts is well-developed both in the civil and the common laws. Richard Hyland's study provides an excellent view of the ways in which different civil and common law jurisdictions confront common issues. The legal systems discussed include principally, in the common law, those of Great Britain, the United States, and India, and, in the civil law, the private law systems of Belgium and France, Germany, Italy, and Spain. Professor Hyland also serves a critique of the dominant method in the field, which is a form of functionalism based on what is called the praesumptio similitudinis, namely the axiom that, once legal doctrine is stripped away, developed legal systems tend to reach similar practical results. His study demonstrates, to the contrary, that legal systems actually differ, not only in their approach and conceptual structure, but just as much in the results.

Sovereignty Suspended

Sovereignty Suspended PDF Author: Rebecca Bryant
Publisher: University of Pennsylvania Press
ISBN: 0812252217
Category : Political Science
Languages : en
Pages : 342

Book Description
A journey into de facto state-building based on ethnographic and archival research in the Turkish Republic of Northern Cyprus What is de facto about the de facto state? In Sovereignty Suspended, this question guides Rebecca Bryant and Mete Hatay through a journey into de facto state-building, or the process of constructing an entity that looks like a state and acts like a state but that much of the world says does not or should not exist. In international law, the de facto state is one that exists in reality but remains unrecognized by other states. Nevertheless, such entities provide health care and social security, issue identity cards and passports, and interact with international aid donors. De facto states hold elections, conduct censuses, control borders, and enact fiscal policies. Indeed, most maintain representative offices in sovereign states and are able to unofficially communicate with officials. Bryant and Hatay develop the concept of the "aporetic state" to describe such entities, which project stateness and so seem real, even as nonrecognition renders them unrealizable. Sovereignty Suspended is based on more than two decades of ethnographic and archival research in one so-called aporetic state, the Turkish Republic of Northern Cyprus (TRNC). It traces the process by which the island's "north" began to emerge as a tangible, separate, if unrecognized space following violent partition in 1974. Like other de facto states, the TRNC looks and acts like a state, appearing real to observers despite international condemnations, denials of its existence, and the belief of large numbers of its citizens that it will never be a "real" state. Bryant and Hatay excavate the contradictions and paradoxes of life in an aporetic state, arguing that it is only by rethinking the concept of the de facto state as a realm of practice that we will be able to understand the longevity of such states and what it means to live in them.

Secessionist Rule

Secessionist Rule PDF Author: Franziska Smolnik
Publisher: Campus Verlag
ISBN: 3593435144
Category : Political Science
Languages : en
Pages : 427

Book Description
Franziska Smolniks Untersuchung stützt sich auf die südkaukasischen international nicht beziehungsweise nur zum Teil anerkannten De-facto-Staaten, die sich weiterhin im Konflikt mit ihren einstigen Metropolstaaten befinden. Sie zeigt, wie auch sogenannte Gewaltkonflikte niedriger Intensität die Form und Funktion von politischer Herrschaft entscheidend prägen können.