The Legal Status Of Territories Subject To Administration By International Organisations

Author : Bernhard Knoll
Publisher : Cambridge University Press
ISBN 13 : 113947278X
Total Pages : 521 pages
Book Rating : 4.84/5 ( download)

DOWNLOAD NOW!

Download or read book The Legal Status of Territories Subject to Administration by International Organisations written by Bernhard Knoll and published by Cambridge University Press. This book was released on 2008-06-12 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international community's practice of administering territories in post-conflict environments has raised important legal questions. Using Kosovo as a case study, Bernhard Knoll analyses the identity of the administrating UN organ, the ways in which the territories under consideration have acquired partial subjectivity in international law and the nature of legal obligations in the fiduciary exercise of transitional administration developed within the League of Nations' Mandate and the UN Trusteeship systems. Knoll discusses Kosovo's internal political and constitutional order and notes the absence of some of the characteristics normally found in liberal democracies, before proposing that the UN consolidates accountability guidelines related to the protection of human rights and the development of democratic standards should it engage in the transitional administration of territory.

Author : Daniel Sven Smyrek
Publisher :
ISBN 13 : 9783428519484
Total Pages : 0 pages
Book Rating : 4.85/5 ( download)

DOWNLOAD NOW!

Download or read book Internationally Administered Territories - International Protectorates? written by Daniel Sven Smyrek and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author begins his survey by offering the reader an overview of the concepts of "physical control over a territory"" and "territorial sovereignty"". He then moves on to examine different scenarios in which territories have been administered by an organ representing the international community and explains how the issue of sovereignty was dealt with in each of these cases. In this context, the author offers a fascinating review of the recent case of Kosovo under UN administration describing the intricacies associated therewith. After thoroughly examining both the legal and factual situations, he evaluates the impact of the conclusions developed in the preceding chapters on the present and future status of this province. The author finally explores the relationship between the principle of democracy and the phenomenon of international territorial administrations, which he considers to be an example of "international governance".

Author : Roland Portmann
Publisher : Cambridge University Press
ISBN 13 : 1139493221
Total Pages : pages
Book Rating : 4.22/5 ( download)

DOWNLOAD NOW!

Download or read book Legal Personality in International Law written by Roland Portmann and published by Cambridge University Press. This book was released on 2010-08-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.

Author : Gjylbehare Bella Murati
Publisher : Routledge
ISBN 13 : 1351593234
Total Pages : 246 pages
Book Rating : 4.36/5 ( download)

DOWNLOAD NOW!

Download or read book UN Territorial Administration and Human Rights written by Gjylbehare Bella Murati and published by Routledge. This book was released on 2020-04-30 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an original and insightful analysis of the human rights inadequacies that arise in the practice of UN territorial administration by analysing and assessing the practice of UNMIK. It provides arguments based on law and principles to support the thesis that a comprehensive legal framework governing the activities of the UN mission is a crucial prerequisite for its proper functioning. This is complemented by a discussion of several emerging issues surrounding the UN activity on the ground, namely, its legislative, judicial, and executive power. The author offers an extensive and well-documented analysis of the UN’s capacity as a surrogate state administration to respond to the needs of the governed population and, above all, protect its fundamental rights. Based on her findings, Murati concludes that only a comprehensive mandate can serve the long term interests of the international community’s objective to efficiently promote, protect, and fulfil human rights in a war-torn society. UN Territorial Administration and Human Rights provides a detailed critical legal analysis of one of the major UN administrations of territory after the Cold War, namely, the UN administration of Kosovo from 1999 to 2008. The analysis in this book will be beneficial to international law and international relations scholars and students, as well as policymakers and persons working for international organisations. The analysis and the lessons learned through this study shed light on the challenges entailed in governing territories and rebuilding state institutions while upholding the rule of law and ensuring respect for human rights.

Author : Carsten Stahn
Publisher : Cambridge University Press
ISBN 13 : 9780521173957
Total Pages : 902 pages
Book Rating : 4.57/5 ( download)

DOWNLOAD NOW!

Download or read book The Law and Practice of International Territorial Administration written by Carsten Stahn and published by Cambridge University Press. This book was released on 2010-09-23 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt: International actors have played an active role in the administration of territories over the past two centuries. This book analyses the genesis and law and practice of international territorial administration, covering all experiments from the Treaty of Versailles to contemporary engagements such as the conflict in Iraq. The book discusses the background, legal framework and practice of international territorial administration, including its relationship to related paradigms (internationalisation, mandate administration, trusteeship administration and occupation). This is complemented by a discussion of four common legal issues which arise in the context of this activity: the status of the territory under administration, the status and accountability of administering authorities, the exercise of regulatory powers by international administrations, and the relationship between international and domestic actors. Alongside surveys of the existing approaches and conceptual choices, the book also includes relevant case-law and practice and lessons learned for future engagements.

Author : Eric de Brabandere
Publisher : BRILL
ISBN 13 : 9004180826
Total Pages : 352 pages
Book Rating : 4.26/5 ( download)

DOWNLOAD NOW!

Download or read book Post-conflict Administrations in International Law written by Eric de Brabandere and published by BRILL. This book was released on 2009-04-24 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the context in which the administration of territory by international actors has resurfaced, and on the legal framework applicable to post-conflict administrations and peace-building operations, this book analyses the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq.

Author : Zoltán Szente
Publisher : Routledge
ISBN 13 : 1317019245
Total Pages : 416 pages
Book Rating : 4.44/5 ( download)

DOWNLOAD NOW!

Download or read book The Principle of Effective Legal Protection in Administrative Law written by Zoltán Szente and published by Routledge. This book was released on 2016-08-05 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makes a valuable contribution to the debate around convergence and divergence in European national administrative systems. The Open Access version of this book, available at https://www.taylorfrancis.com/books/principle-effective-legal-protection-administrative-law-zolt%C3%A1n-szente-konrad-lachmayer/e/10.4324/9781315553979 , has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 licens

Author : Jure Vidmar
Publisher : Bloomsbury Publishing
ISBN 13 : 1509959491
Total Pages : 229 pages
Book Rating : 4.95/5 ( download)

DOWNLOAD NOW!

Download or read book Territorial Status in International Law written by Jure Vidmar and published by Bloomsbury Publishing. This book was released on 2024-01-11 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a new theory of territorialism and international legal status of territories. It (i) defines the concept of territory, explaining how territories are created; (ii) redefines the concept of statehood, illustrating that statehood (rather than the statehood criteria) is territorial legal status established in the formal sources of international law; and (iii) grounds non-state territorial entities in the sources of international law to explain their international legal status. This fresh new theoretical perspective has both scholarly and practical importance, providing a tool helping decision-makers and judges in the practical application of international law both internationally and domestically.

Author : Cait Storr
Publisher : Cambridge University Press
ISBN 13 : 1108498507
Total Pages : 321 pages
Book Rating : 4.00/5 ( download)

DOWNLOAD NOW!

Download or read book International Status in the Shadow of Empire written by Cait Storr and published by Cambridge University Press. This book was released on 2020-09-17 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new account of Nauru's imperial history and examines its significance in the history of international law.

Author : Anne Orford
Publisher : Cambridge University Press
ISBN 13 : 1139494244
Total Pages : 247 pages
Book Rating : 4.43/5 ( download)

DOWNLOAD NOW!

Download or read book International Authority and the Responsibility to Protect written by Anne Orford and published by Cambridge University Press. This book was released on 2011-01-20 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea that states and the international community have a responsibility to protect populations at risk has framed internationalist debates about conflict prevention, humanitarian aid, peacekeeping and territorial administration since 2001. This book situates the responsibility to protect concept in a broad historical and jurisprudential context, demonstrating that the appeal to protection as the basis for de facto authority has emerged at times of civil war or revolution - the Protestant revolutions of early modern Europe, the bourgeois and communist revolutions of the following centuries and the revolution that is decolonisation. This analysis, from Hobbes to the UN, of the resulting attempts to ground authority on the capacity to guarantee security and protection is essential reading for all those seeking to understand, engage with, limit or critique the expansive practices of international executive action authorised by the responsibility to protect concept.