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The Legal Status of Territories Subject to Administration by International Organisations

The Legal Status of Territories Subject to Administration by International Organisations
Author: Bernhard Knoll
Publisher: Cambridge University Press
Total Pages: 521
Release: 2008-06-12
Genre: Law
ISBN: 113947278X

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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.


United Nations Imperium

United Nations Imperium
Author: Bernhard Knoll
Publisher:
Total Pages: 307
Release: 2005
Genre: International agencies
ISBN:

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Internationally Administered Territories - International Protectorates?

Internationally Administered Territories - International Protectorates?
Author: Daniel Sven Smyrek
Publisher:
Total Pages: 0
Release: 2011
Genre: Law
ISBN: 9783428519484

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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".


Legal Personality in International Law

Legal Personality in International Law
Author: Roland Portmann
Publisher: Cambridge University Press
Total Pages:
Release: 2010-08-26
Genre: Law
ISBN: 1139493221

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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.


UN Territorial Administration and Human Rights

UN Territorial Administration and Human Rights
Author: Gjylbehare Bella Murati
Publisher: Routledge
Total Pages: 246
Release: 2020-04-30
Genre: Law
ISBN: 1351593234

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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.


The Law and Practice of International Territorial Administration

The Law and Practice of International Territorial Administration
Author: Carsten Stahn
Publisher: Cambridge University Press
Total Pages: 902
Release: 2010-09-23
Genre: Law
ISBN: 9780521173957

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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.


Post-conflict Administrations in International Law

Post-conflict Administrations in International Law
Author: Eric de Brabandere
Publisher: BRILL
Total Pages: 352
Release: 2009-04-24
Genre: Law
ISBN: 9004180826

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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.


International Status in the Shadow of Empire

International Status in the Shadow of Empire
Author: Cait Storr
Publisher: Cambridge University Press
Total Pages: 321
Release: 2020-09-17
Genre: Law
ISBN: 1108498507

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This book offers a new account of Nauru's imperial history and examines its significance in the history of international law.


The Principle of Effective Legal Protection in Administrative Law

The Principle of Effective Legal Protection in Administrative Law
Author: Zoltán Szente
Publisher: Routledge
Total Pages: 416
Release: 2016-08-05
Genre: Law
ISBN: 1317019245

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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


Territorial Status in International Law

Territorial Status in International Law
Author: Jure Vidmar
Publisher: Bloomsbury Publishing
Total Pages: 229
Release: 2024-01-11
Genre: Law
ISBN: 1509959491

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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.