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Liberation Struggles in International Law

Liberation Struggles in International Law
Author: Christopher O. Quaye
Publisher: Temple University Press
Total Pages: 414
Release: 1991
Genre: Law
ISBN: 9780877227120

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Presents a study of one of the international phenomena of the national liberation movements. This work investigates various aspects of these movements, including their relationship to self-determination, secession, rebellion, the use of force, and terrorism.


International Law and the Use of Force by National Liberation Movements

International Law and the Use of Force by National Liberation Movements
Author: Heather A. Wilson
Publisher: Oxford University Press, USA
Total Pages: 232
Release: 1988
Genre: Language Arts & Disciplines
ISBN:

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Beginning with an explanation of the traditional tenets of international laws of armed conflict, this book explores the idea that national liberation movements may legitimately resort to the use of force, and examines the application of the humanitarian law of armed conflict in wars of national liberation.


International Law and the Use of Force by National Liberation Movements

International Law and the Use of Force by National Liberation Movements
Author: Heather A. Wilson
Publisher:
Total Pages: 0
Release: 2023
Genre: National liberation movements
ISBN: 9781383014242

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Winner of the 1988 Paul Reuter Prize awarded by the International Committee of the Red Cross, this book examines the rights of national liberation movements to resort to force to secure self-determination, and the application of laws of armed conflict to national liberation wars.


The Battle for International Law

The Battle for International Law
Author: Jochen von Bernstorff
Publisher: Oxford University Press
Total Pages: 464
Release: 2019-10-22
Genre: Law
ISBN: 0192589474

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This volume provides the first comprehensive analysis of international legal debates between 1955 and 1975 related to the formal decolonization process. It is during this era, couched between classic European imperialism and a new form of US-led Western hegemony, that fundamental legal debates took place over a new international legal order for a decolonised world. The book argues that this era presents in essence a battle, a battle that was fought out in particular over the premises and principles of international law by diplomats, lawyers, and scholars. In a moment of relative weakness of European powers, 'newly independent states' and international lawyers from the South fundamentally challenged traditional Western perceptions of international legal structures engaging in fundamental controversies over a new international law. The legal outcomes of this battle have shaped the world we live in today. Contributions from a global set of authors cover contemporary debates on concepts central to the time, such as self-determination, sources and concessions, non-intervention, wars of national liberation, multinational corporations, and the law of the sea. They also discuss influential institutions, such as the United Nations, International Court of Justice, and World Bank. The volume also incorporates contemporary regional approaches to international law in the 'decolonization era' and portraits of important scholars from the Global South.


Southern African Liberation Movements and the Global Cold War ‘East’

Southern African Liberation Movements and the Global Cold War ‘East’
Author: Lena Dallywater
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 374
Release: 2019-06-17
Genre: History
ISBN: 3110639386

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In the global context of the Cold War, the relationship between liberation movements and Eastern European states obviously changed and transformed. Similarly, forms of (material) aid and (ideological) encouragement underwent changes over time. The articles assembled in this volume argue that the traditional Cold War geography of bi-polar competition with the United States is not sufficient to fully grasp these transformations. The question of which side of the ideological divide was more successful (or lucky) in impacting actors and societies in the global south is still relevant, yet the Cold War perspective falls short in unfolding the complex geographies of connections and the multipolarity of actions and transactions that exists until today. Acknowledging the complexities of liberation movements in globalization processes, the papers thus argue that activities need to be understood in their local context, including personal agendas and internal conflicts, rather than relying primarily on the traditional frame of Cold War competition. They point to the agency of individual activists in both "Africa" and "Eastern Europe" and the lessons, practices and languages that were derived from their often contradictory encounters. In Southern African Liberation Movements, authors from South Africa, Portugal, Austria and Germany ask: What role did actors in both Southern Africa and Eastern Europe play? What can we learn by looking at biographies in a time of increasing racial and international conflict? And which "creative solutions" need to be found, to combine efforts of actors from various ideological camps? Building on archival sources from various regions in different languages, case studies presented in the edition try to encounter the lack of a coherent state of the art. They aim at combining the sometimes scarce sources with qualitative interviews to give answers to the many open questions regarding Southern African liberation movements and their connections to the "East".


International Law and Self-Determination

International Law and Self-Determination
Author: Joshua Castellino
Publisher: BRILL
Total Pages: 310
Release: 2021-07-26
Genre: Law
ISBN: 9004480897

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The principle of self-determination has at heart the achievement of true representation and democracy based on the idea that the consent of the governed alone can give government legitimacy. The principle was primarily responsible for the decolonisation process that shaped our current international community. `Self-determination' has been used in equal rhetorical brilliance by a number of leaders - some meritorious, with a genuine concern for human emancipation, others dubious, with ascendancy to power at the heart of their project. In any case, `self-determination' has come to mean different things in different contexts. Being a vital principle, especially in the post-colonial state, it is one factor that represents a threat to world order while at the same time holding out the promise of longer-term peace and security based on values of democracy, equity and justice. This book looks at the intricacies of the norm in its current ambiguous manifestation and seeks to deconstruct it with regard to three particularly inter-related discourses: that of minority rights, statehood and sovereignty, and the doctrine of uti possidetis which shaped the modern post-colonial state. These norms are then analysed further within two case studies. One, concerning the creation of Bangladesh where `self-determination' was achieved. The second, examines the situation in the Western Sahara where `self-determination' (whatever its manifestation) is yet to be expressed. In the course of these case studies we seek to highlight the problematic nature of `national identity' and the `self' in settings far removed from post-Westphalian Europe.


Justice for Some

Justice for Some
Author: Noura Erakat
Publisher: Stanford University Press
Total Pages: 405
Release: 2019-04-23
Genre: History
ISBN: 1503608832

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“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents


Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime

Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime
Author: Noelle Higgins
Publisher: BRILL
Total Pages: 288
Release: 2009-12-14
Genre: Law
ISBN: 9047426347

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This work reconsiders and critically evaluates the complex international legal framework which seeks to regulate wars of national liberation in the light of two fascinating case studies. It tests the effectiveness of both the jus ad bellum and jus in bello aspects of the current legal framework by applying it to self-determination wars waged in the South Moluccas and Aceh by armed groups against Indonesia. The book highlights the various difficulties inherent in the current legal framework as well as the ad hoc and unpredictable practice of States in relation to its application. The work concludes with recommendations on how the current framework should be updated and enhanced so that it can adequately deal with modern self-determination conflicts.