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Territorial Disputes and State Sovereignty

Territorial Disputes and State Sovereignty
Author: Jorge E. Núñez
Publisher: Routledge
Total Pages: 220
Release: 2020
Genre: Boundary disputes
ISBN: 9780367201388

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Adopting a multi-disciplinary approach, this book opens new ground for research on territorial disputes. Many sovereignty conflicts remain unresolved around the world. Current solutions in law, political science and international relations generally prove problematic to at least one of the agents part of these differences. Arguing that disputes are complex, multi-layered and multi-faceted, this book brings together a global, inter-disciplinary view of territorial disputes. The book reviews the key conceptual elements central to legal and political sciences with regards to territorial disputes: state, sovereignty and self-determination. Looking at some of the current long-standing disputes worldwide, it compares and contrasts the many issues at stake and the potential remedies currently available in order to assess why some territorial disputes remain unresolved. Finally, it offers a set of guidelines for dispute settlement and conflict resolution that current remedies fail to provide. It will appeal to students and scholars working in international relations, legal theory and jurisprudence, public international law and political sciences.


Territorial Disputes and State Sovereignty

Territorial Disputes and State Sovereignty
Author: Jorge E. Núñez
Publisher: Routledge
Total Pages: 161
Release: 2020-05-11
Genre: Juvenile Nonfiction
ISBN: 1000082369

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Adopting a multi-disciplinary approach, this book opens new ground for research on territorial disputes. Many sovereignty conflicts remain unresolved around the world. Current solutions in law, political science and international relations generally prove problematic to at least one of the agents part of these differences. Arguing that disputes are complex, multi-layered and multi-faceted, this book brings together a global, inter-disciplinary view of territorial disputes. The book reviews the key conceptual elements central to legal and political sciences with regards to territorial disputes: state, sovereignty and self-determination. Looking at some of the current long-standing disputes worldwide, it compares and contrasts the many issues at stake and the potential remedies currently available in order to assess why some territorial disputes remain unresolved. Finally, it offers a set of guidelines for dispute settlement and conflict resolution that current remedies fail to provide. It will appeal to students and scholars working in international relations, legal theory and jurisprudence, public international law and political sciences.


The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands

The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands
Author: D S Ranjit Singh
Publisher: ISEAS-Yusof Ishak Institute
Total Pages: 260
Release: 2019-11-26
Genre: Political Science
ISBN: 9814843644

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In 2002, ASEAN made history when two of its founder members—Indonesia and Malaysia—amicably settled a dispute over the ownership of the two Bornean islands of Sipadan and Ligitan by accepting the jurisdiction of the International Court of Justice (ICJ) which ruled in favour of Malaysia. The case at once assumed great significance as a beacon of hope for the region which is plagued by numerous disruptive territorial disputes. As both the historical evidence and legal milieu are vital considerations for the ICJ to award sovereignty, this book covers in detail the historical roots of the issue as well as the law dimension pertaining to the process of legal proceedings and the ICJ deliberations. The work concludes by offering a set of guidelines on cardinal principles of international law for successfully supporting a claim to disputed territories. These may be usefully utilized by interested parties. “An invaluable account of the dispute between Malaysia and Indonesia over the Sipadan and Ligitan Islands. Written skilfully by a historian who is in clear command of the facts. Highly recommended for anyone who wishes to understand border disputes in Southeast Asia.”—Professor James Chin, Director, Asia Institute, University of Tasmania


Who Owns the Arctic?

Who Owns the Arctic?
Author: Michael Byers
Publisher: D & M Publishers
Total Pages: 194
Release: 2010-02-23
Genre: Political Science
ISBN: 192670696X

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Who actually controls the Northwest Passage? Who owns the trillions of dollars of oil and gas beneath the Arctic Ocean? Which territorial claims will prevail, and why — those of the United States, Russia, Canada, or the Nordic nations? And, in an age of rapid climate change, how do we protect the fragile Arctic environment while seizing the economic opportunities presented by the rapidly melting sea-ice? Michael Byers, a leading Arctic expert and international lawyer clearly and concisely explains the sometimes contradictory rules governing the division and protection of the Arctic and the disputes over the region that still need to be resolved. What emerges is a vision for the Arctic in which cooperation, not conflict, prevails and where the sovereignty of individual nations is exercised for the benefit of all. This insightful little book is an informed primer for today's most pressing territorial issue.


Sovereignty Conflicts and International Law and Politics

Sovereignty Conflicts and International Law and Politics
Author: Jorge E. Núñez
Publisher: Routledge
Total Pages: 328
Release: 2017-05-12
Genre: Law
ISBN: 1351794787

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Many conflicts throughout the world can be characterized as sovereignty conflicts in which two states claim exclusive sovereign rights for different reasons over the same piece of land. It is increasingly clear that the available remedies have been less than successful in many of these cases, and that a peaceful and definitive solution is needed. This book proposes a fair and just way of dealing with certain sovereignty conflicts. Drawing on the work of John Rawls in A Theory of Justice, this book considers how distributive justice theories can be in tune with the concept of sovereignty and explores the possibility of a solution for sovereignty conflicts based on Rawlsian methodology. Jorge E. Núñez explores a solution of egalitarian shared sovereignty, evaluating what sorts of institutions and arrangements could, and would, best realize shared sovereignty, and how it might be applied to territory, population, government, and law.


Stress Testing the Law of the Sea

Stress Testing the Law of the Sea
Author: Stephen Minas
Publisher: BRILL
Total Pages: 377
Release: 2018-09-06
Genre: Law
ISBN: 9004352929

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In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, leading UNCLOS practitioners and scholars examine key developments in dispute resolution and the impacts on ocean law of climate change, disasters and expanding energy exploration.


Peace and Disputed Sovereignty

Peace and Disputed Sovereignty
Author: Friedrich V. Kratochwil
Publisher:
Total Pages: 184
Release: 1985
Genre: Business & Economics
ISBN:

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Examines the different types of border disputes by going beyond the traditional questions of 'titles of territory' and issues of the location of the boundary.


Research Handbook on Territorial Disputes in International Law

Research Handbook on Territorial Disputes in International Law
Author: Marcelo G. Kohen
Publisher: Edward Elgar Publishing
Total Pages: 520
Release: 2018-10-26
Genre: Law
ISBN: 1782546871

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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.


The Sovereignty Versus Intervention Dilemma: The Challenge of Conflict Prevention

The Sovereignty Versus Intervention Dilemma: The Challenge of Conflict Prevention
Author: Thorsten Volberg
Publisher: GRIN Verlag
Total Pages: 29
Release: 2008-04
Genre: Political Science
ISBN: 3638934802

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Scientific Essay from the year 2006 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, grade: 1,3, Ruhr-University of Bochum (Institute for International Law of Peace and Armed Conflict), course: European Master Programme, 23 entries in the bibliography, language: English, abstract: In some regions of the world a fundamental development crisis has increased the contradictory situation inside of society and the struggle of distribution. Deformed and failed processes of modernization and transformation manifest and cause a politicised society. Ethnic struggles, failing states and social processes of chaos lead to warlike conflicts and political structures have to be installed while the economy and the society are influenced by force. With a focus on - often only formally existing - states of Subsahara Africa, a World Bank Discussion Paper even describes the current status of many of these countries as a "stable situation of instability". A situation that often leads to so called "political economies of threat and combat" which includes a growing number of people who have an interest in the maintenance of the conflict and a high propensity to violence. An important challenge of the international community is to deal with the possibilities of a preventive policy to minimize the chances of such a political radicalization. Furthermore the question remains of how to react, if state failures finally lead to massive human rights violations and even genocide within those countries.