State Legitimacy And Failure In International Law

Author: Mario Silva
Publisher: Martinus Nijhoff Publishers
ISBN: 9004268847
Size: 55.51 MB
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Through scholarly consideration, State Legitimacy and Failure in International Law evaluates gaps in structural competency that precipitate state failure and examines the resulting consequences for the world community.

Legality And Legitimacy In Global Affairs

Author: Richard Falk
Publisher: OUP USA
ISBN: 0199781583
Size: 59.50 MB
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This book focuses on the problematic relationship between legality and legitimacy when a nation (or nations) intervene in the work of other nations. Bringing together a wide range of contributors with a broad set of cases that consider when such intervention is legitimate even if it isn't legal--and vice versa--the chapters cover humanitarian intervention, nuclear nonproliferation, military intervention, international criminal tribunals, interventions driven by environmental concerns, and the export of democracy. By focusing on a diverse array of cases, this volume establishes a clear framework for judging the legitimacy of such actions.

State Failure Sovereignty And Effectiveness

Author: Gérard Kreijen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004139656
Size: 79.87 MB
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This comprehensive study of State failure upholds that the collapse of States in sub-Saharan Africa is a self-inflicted problem caused by the abandonment of the principle of effectiveness during decolonization. On the one hand, the abandonment of effectiveness may have facilitated the recognition of the new African States, but on the other it did lead to the creation of States that were essentially powerless: some of which became utter failures. Written in a style both provocative and unorthodox and using convincing arguments, this study casts doubt on some of the most sacred principles of the modern doctrine of international law. It establishes that the declaratory theory of recognition cannot satisfactorily explain the continuing existence of failed States. It also demonstrates that the principled assertion of the right to self-determination as the basis for independence in Africa has turned the notion of sovereignty into a formal-legal figment without substance. This book is a plea for more realism in international law. Pensive pessimists in the tradition of Hobbes will probably love it. Idealists in the tradition of Grotius may hate it, but they will find it very difficult to reject its conclusions.

The Legacy Of Ronald Dworkin

Author: Wil Waluchow
Publisher: Oxford University Press
ISBN: 019046643X
Size: 35.35 MB
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This book assembles leading legal, political, and moral philosophers to examine the legacy of the work of Ronald Dworkin. They provide the most comprehensive critical treatment of Dworkin's accomplishments focusing on his work in all branches of philosophy, including his theory of value, political philosophy, philosophy of international law, and legal philosophy. The book's organizing principle and theme reflect Dworkin's self-conception as a builder of a unified theory of value, and the broad outlines of his system can be found throughout the book. The first section addresses the most abstract and general aspect of Dworkin's work--the unity of value thesis. The second section explores Dworkin's contributions to political philosophy, and discusses a number of political concepts including authority, civil disobedience, the legitimacy of states and the international legal system, distributive justice, collective responsibility, and Dworkin's master value of dignity and the associated values of equal concern and respect. The third section addresses various aspects of Dworkin's general theory of law. The fourth and final section comprises accounts of the structure and defining values of discrete areas of law.

Debating Globalization

Author: Anthony Barnett
Publisher: John Wiley & Sons
ISBN: 0745657915
Size: 56.82 MB
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Debating Globalization is a short, accessible introduction to the debate about globalization written by many of the most prominent figures in the field. Published by Polity in association with openDemocracy, the book is notable not just for focusing on the pressing difficulties facing our world, but also on solutions. Rich and positive suggestions are made for reshaping globalization into a force that will work for humans everywhere. In an extended analysis, David Held provides a robust critique of the present order and sets out his alternative vision. Building on arguments he made in Global Covenant, he calls for a new global political agenda, informed by social democratic political values. His analysis has been criticized by leading figures and their responses follow in this book. There are chapters by, among others, Martin Wolf, Roger Scruton, Grahame Thompson, David Mepham, Meghnad Desai, Maria Livanos Cattaui, Patrick Bond, Benjamin Barber, John Elkington, Takashi Inoguchi, Narcís Serra, and Anne-Marie Slaughter and Thomas N. Hale. The volume ends with David Held's reply to his critics. The book provides a fascinating introduction to the debate about globalization today.

Territorial Integrity In A Globalizing World

Author: Abdelhamid El Ouali
Publisher: Springer Science & Business Media
ISBN: 3642228682
Size: 73.98 MB
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This book offers a comprehensive, highly informative and interdisciplinary study on territorial integrity and the challenges globalization, self-determination and external interventions present. This study aims at not only to fill an epistemological gap in this regard, but also answer the question of whether International Law is adequately equipped to help states address these challenges. The author argues that the biggest threat that many states are confronted with today is their disintegration rather than their obsolescence, and that International Law has not often been able to prevent that eventuality. In fact, states, when they were not destroyed by war, managed to survive, thanks to the flexibility of territoriality, i.e. their ability to adjust to difficult situations as they arose. It is this understanding of adaptation that urges an increasing number of states today to revive territorial autonomy and restore an original understanding of self-determination in which democracy is a pivotal factor in establishing congruence between the states and their nations. While this move is endorsed by International Law, it is not the case for globalization; for their own sake, proponents of globalization should recognize that the states are irreplaceable as long as they remain the sole providers of protection for their peoples.

Politics Of International Law And International Justice

Author: Edwin Egede
Publisher: Edinburgh University Press
ISBN: 0748684522
Size: 35.29 MB
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A textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Students will engage with debates surrounding sovereignty and global governance, sovereign and diplomati

Unlawful Territorial Situations In International Law

Author: Enrico Milano
Publisher: Martinus Nijhoff Publishers
ISBN: 9004149392
Size: 80.72 MB
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This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law.The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.

Us Human Rights Conduct And International Legitimacy

Author: V. Keating
Publisher: Springer
ISBN: 1137358025
Size: 19.28 MB
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Was the Bush administration was successful in legitimating its preferences with habeas corpus, torture, and extraordinary rendition? As American transforms in the post-Bush era, scholars have begun to assess the post-9/11 period in American foreign and domestic policy, asking difficult questions regarding torture and human rights.

Legitimate Governance In Africa

Author: Edward Kofi Quashigah
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041111760
Size: 24.59 MB
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Part I - Introduction.