The International Element, Statehood and Democratic Nation-building


Book Description

This book represents a unique endeavor to elucidate the story of Kosovo’s unilateral quest for statehood. It is an inquiry into the international legal aspects and processes that shaped and surrounded the creation of the state of Kosovo. Being created outside the post-colonial context, Kosovo offers a unique yet controversial example of state emergence both in the theory and practice of creation of states. Accordingly, the book investigates the legal pathways, strategies, developments and policy positions of international agencies/actors and regional players (in particular the EU) that helped Kosovo to establish its independence and gradually acquire statehood. Although contested, Kosovo, and its quest for statehood, represents a unique example of successful unilateral secession. The book therefore explores and analyses patterns of state formation and nation-building in Kosovo, and its transition to democracy. It presents a three-level assessment. First, seen from a historical perspective, the book examines the validity of the right of Kosovar-Albanians to self-determination and remedial secession. Second, from a legal positivist perspective, it scrutinizes all of the legalist arguments that support Kosovo’s right to statehood, and claims that both traditional and legality-based criteria for statehood remain insufficient to determine whether Kosovo has achieved statehood. Third, from a post-factum perspective, the book analyzes the scope and extent to which the internationally blended element was decisive in Kosovo’s state-formation and state-building processes. It explains how the EU’s involvement as an ‘internationally blended element’ in Kosovo’s efforts to achieve statehood was instrumental and played a crucial role in shaping the emerging state. In particular, the book elaborates on how the EU was able to streamline its mode of intervention in the context of state-building and reform.




Nation Building


Book Description

A new and comprehensive look at the reasons behind successful or failed nation building Nation Building presents bold new answers to an age-old question. Why is national integration achieved in some diverse countries, while others are destabilized by political inequality between ethnic groups, contentious politics, or even separatism and ethnic war? Traversing centuries and continents from early nineteenth-century Europe and Asia to Africa from the turn of the twenty-first century to today, Andreas Wimmer delves into the slow-moving forces that encourage political alliances to stretch across ethnic divides and build national unity. Using datasets that cover the entire world and three pairs of case studies, Wimmer’s theory of nation building focuses on slow-moving, generational processes: the spread of civil society organizations, linguistic assimilation, and the states’ capacity to provide public goods. Wimmer contrasts Switzerland and Belgium to demonstrate how the early development of voluntary organizations enhanced nation building; he examines Botswana and Somalia to illustrate how providing public goods can bring diverse political constituencies together; and he shows that the differences between China and Russia indicate how a shared linguistic space may help build political alliances across ethnic boundaries. Wimmer then reveals, based on the statistical analysis of large-scale datasets, that these mechanisms are at work around the world and explain nation building better than competing arguments such as democratic governance or colonial legacies. He also shows that when political alliances crosscut ethnic divides and when most ethnic communities are represented at the highest levels of government, the general populace will identify with the nation and its symbols, further deepening national political integration. Offering a long-term historical perspective and global outlook, Nation Building sheds important new light on the challenges of political integration in diverse countries.




International Law in Domestic Courts


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.




Effective Governance Under Anarchy


Book Description

Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.




Nationalism Reframed


Book Description

This study of nationalism in Eastern Europe and the former Soviet Union develops an original account of the interlocking and opposed nationalisms of national minorities, the nationalizing states in which they live, and the external national homelands to which they are linked by external ties.




Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 35 (2022)


Book Description

The aim of the Hague Yearbook of International Law is to offer a platform for review of new developments in the field of international law. In addition, it devotes attention to developments in the international law institutions based in the international City of Peace and Justice, The Hague. This Special Issue of Yearbook stems from a conference organised by the Maastricht University Study Group for Critical Approaches to International Law in April 2022. The conference, entitled 'Deconstructing International Law,' invited participants to reflect on and dismantle some of the foundational ideas of international law.




The Sociology of Law and the Global Transformation of Democracy


Book Description

Provides a new legal-sociological theory of democracy, reflecting the impact of global law on national political institutions. This title is also available as Open Access.




Sovereignty, Statehood and State Responsibility


Book Description

This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of states), statehood (what it means to be a state, and the process of acquiring or losing statehood) and state responsibility (the legal component of what being a state entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states. It includes reflections on the interactions between states and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood.




The Responsibility to Protect


Book Description

Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty




The Many Hands of the State


Book Description

The state is central to social scientific and historical inquiry today, reflecting its importance in domestic and international affairs. States kill, coerce, fight, torture, and incarcerate, yet they also nurture, protect, educate, redistribute, and invest. It is precisely because of the complexity and wide-ranging impacts of states that research on them has proliferated and diversified. Yet, too many scholars inhabit separate academic silos, and theorizing of states has become dispersed and disjointed. This book aims to bridge some of the many gaps between scholarly endeavors, bringing together scholars from a diverse array of disciplines and perspectives who study states and empires. The book offers not only a sample of cutting-edge research that can serve as models and directions for future work, but an original conceptualization and theorization of states, their origins and evolution, and their effects.