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.




Armed Non-State Actors and the Politics of Recognition


Book Description

This edited volume examines asymmetric conflict dynamics through the politics of recognition vis-à-vis armed non-state actors. It explores a diverse range of case studies and considers the risks and opportunities that (non-)recognition may involve for transforming armed conflicts.




Unrecognized Entities


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


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.




Recognition in International Law


Book Description

Originally published by Hersch Lauterpacht in 1947, this book presents a detailed study of recognition in international law, examining its crucial significance in relation to statehood, governments and belligerency. The author develops a strong argument for positioning recognition within the context of international law, reacting against the widely accepted conception of it as an area of international politics. Numerous examples of the use of law and conscious adherence to legal principle in the practice of states are used to give weight to this perspective. This paperback re-issue in 2012 includes a newly commissioned Foreword by James Crawford, Whewell Professor of International Law at the University of Cambridge and a Fellow of Jesus College, Cambridge.




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.




Status and (Human Rights) Obligations of Non-Recognized De Facto Regimes in International Law: The Case of 'Somaliland'


Book Description

This volume contains the first comprehensive study of legal issues arising with regard to the self-declared 'Republic of Somaliland' which, after more than 10 years of factual existence, is still facing international non-recognition. The case of Somaliland, in particular its unique position within the collapsed State of Somalia, challenges current international law doctrine regarding the interplay between non-recognition and the creation of States. Based upon an in-depth analysis of international law concerning the criteria of statehood and recognition, the author presents a legal framework against which cases of secession in the context of collapsed States should be measured. In applying this framework to the case of Somaliland, he demonstrates that the entity has established a sufficient level of peace, stability and effective governance to qualify as a State under international law. Given the legal uncertainty surrounding non-recognized de facto regimes such as Somaliland, the study finally attempts to identify legal rules which bind de facto regimes in the process of secession irrespective of their recognition as a State. Proposing a 'functional approach' to de facto regimes, the author argues that such entities are subject to obligations under international (human rights) law to the extent they are assuming governmental tasks.




Recognition, Conflict and the Problem of Global Ethical Community


Book Description

Recognition is a fundamental aspect of all social interactions; between individuals, groups, local communities and sovereign states. Recognition refers to those sociological processes whereby two or more entities (such as states), groups (such as ethnic or cultural communities) or individuals interact with one another and come to understand themselves, and the other, as mutually free individuals: as social agents whose identities, interests and outlooks are equally bound together. Without the foundational act of recognition, relations can become unequal and antagonistic, leading to social pathologies, denigration and even open conflict. This volume brings together leading international scholars of recognition theory in world politics to discuss the potential for recognition to pacify relations between states, groups and individuals and to develop recognition processes in the global community. It examines the implications of recognition theory in helping to understand the problem of conflict and the possibilities for forging a form of global ethical community. This book was published as a special issue of Global Discourse.




Redistribution Or Recognition?


Book Description

A debate between two philosophers who hold different views on the relation of redistribution to recognition.