The Settlement of Boundary Disputes in International Law PDF Download
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Author: A. Oye Cukwurah
Publisher: Manchester University Press
ISBN:
Category : Boundaries
Languages : en
Pages : 332
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Book Description
Author: A. Oye Cukwurah
Publisher: Manchester University Press
ISBN:
Category : Boundaries
Languages : en
Pages : 332
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Book Description
Author: Gbenga Oduntan
Publisher: Routledge
ISBN: 1135039550
Category : Law
Languages : en
Pages : 428
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Book Description
Africa has experienced a number of territorial disputes over land and maritime boundaries, due in part to its colonial and post-colonial history. This book explores the legal, political, and historical nature of disputes over territory in the African continent, and critiques the content and application of contemporary International law to the resolution of African territorial and border disputes. Drawing on central concepts of public international law such as sovereignty and jurisdiction, and socio-political concepts such as colonialism, ethnicity, nationality and self-determination, this book interrogates the intimate connection that peoples and nations have to territory and the severe disputes these may lead to. Gbenga Oduntan identifies the major principles of law at play in relation to territorial, and boundary disputes, and argues that the predominant use of foreign based adjudicatory mechanisms in attempting to deal with African boundary disputes alienates those institutions and mechanisms from African people and can contribute to the recurrence of conflicts and disputes in and among African territories. He suggests that the understanding and application of multidisciplinary dispute resolution mechanisms and strategies can allow for a more holistic and effective treatment of boundary disputes. As an in depth study into the legal, socio-political and anthropological mechanisms involved in the understanding of territorial boundaries, and a unique synthesis of an African jurisprudence of international boundaries law, this book will be of great use and interest to students, researchers, and practitioners in African and Public International Law, International Relations, and decision-makers in need of better understanding the settlement of disputes over territorial boundaries in both Africa and the wider world.
Author: A. O. Cukwurah
Publisher:
ISBN:
Category :
Languages : en
Pages : 387
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Book Description
Author: Marcelo G. Kohen
Publisher: Edward Elgar Publishing
ISBN: 1782546871
Category : Law
Languages : en
Pages : 520
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Book Description
Territorial disputes remain a significant source of tension in international relations, representing an important share of interstate cases brought before international tribunals and courts. Analysing the international law applicable to the assessment of territorial claims and the settlement of related disputes, this Research Handbook provides a systematic exposition and in-depth discussions of the relevant key concepts, principles, rules, and techniques. Combining extensive knowledge from across international law, Marcelo Kohen and Mamadou Hébié expertly unite a multinational group of contributors to provide a go-to resource for the settlement of territorial disputes. The different chapters discuss the process through which states establish sovereignty over a territory, and review the different titles of territorial sovereignty, the relation between titles and effectivités, as well as the relevance of state conduct. Select chapters focus on the impact of foundational principles of international law such as the principle of territorial integrity, the right of self-determination and the prohibition of the threat or use of force, on territorial disputes. Finally, technical rules that are crucial for the assessment of territorial claims, especially the techniques of intertemporal law and critical date, as well as evidentiary rules, are presented. An essential resource for practitioners, international law academics and public officials including judges and arbitrators, this Research Handbook is a highly original collection of scholarship and research on territorial disputes and their settlement.
Author: Seoung Yong Hong
Publisher: BRILL
ISBN: 9004173439
Category : Law
Languages : en
Pages : 325
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Book Description
A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter. This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.
Author: Masahiro Miyoshi
Publisher: BRILL
ISBN: 9004635297
Category : Law
Languages : en
Pages : 299
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Book Description
Author: Surya Prakash Sharma
Publisher:
ISBN:
Category : Boundaries
Languages : en
Pages : 348
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Book Description
Author: Nuno Sergio Marques Antunes
Publisher: IBRU
ISBN: 1897643357
Category : Acquiescence (International law).
Languages : en
Pages : 48
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Book Description
Author: Byron N. Tzou
Publisher: Bloomsbury Publishing USA
ISBN: 1573569410
Category : Law
Languages : en
Pages : 174
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Book Description
This is the first volume to systematically look at how China uses international law to deal with its complex boundary questions--it borders on twelve countries. The book includes an examination of boundary claims, border policies, settlements, alignments, and armed conflicts. The author draws a clear picture of China's attitude toward the use of traditional law. He supports his study with treaties, historical background, maps, and legal arguments. The reader walks away with a fine understanding of China's behavior in negotiations and armed conflicts, the country's policy, and its philosophy on dispute settlement. China and International Law uses original sources to examine China's basic border policy. Chapters include: International Law; Border Policy; Boundary Disputes and Settlements; Unequal Boundary Treaties; Boundary Treaties; Determinants of Boundaries; and Methods for Settling Boundary Questions.
Author: Jin-Hyun Paik
Publisher: Routledge
ISBN: 1136223827
Category : Law
Languages : en
Pages : 185
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Book Description
The chapters in this volume address international legal issues impacted by the legacy of the Asian region’s historical experience with colonialism and its current standing in the international system. This volume provides a perspective on these issues from Asian legal scholars who have embarked on an analysis and discussion of the various ways in which international law and the international legal process can resolve these issues in a manner that is appropriate for the region. The book examines the interconnections between diverse topics, such as current territorial disputes over maritime areas (which includes disputes over maritime delimitation) and the scope of exclusive economic zones in East and Southeast Asia, both of which are aspects of some of the critical political, economic, and legal issues presently confronting the region. These territorial and maritime disputes are partially due to the geography of the region, but the editors make a convincing argument for the genesis of these disputes being rooted in the legacy of the region’s colonial past; a legacy which has confounded attempts at resolution of these disputes and still deeply influences international relations in the region. Asian Approaches to International Law and the Legacy of Colonialism will be of particular interest to academics and students of International Law, Maritime Law and Asian Studies.
