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This powerful book stands on its head the most venerated tradition in international law and discusses the challenges of scarcity, sovereignty, and territorial temptation. Newly emergent resources, accessible through global climate change, discovery, or technological advancement, highlight time-tested problems of sovereignty and challenge liberal internationalism's promise of beneficial or shared solutions. From the High Arctic to the hyper-arid reaches of the Atacama Desert, from the South China Sea to the history of the law of the sea, from doctrinal and scholarly treatments to institutional forms of global governance, the historically recurring problem of territorial temptation in the ageless age of scarcity calls into question the future of the global commons, and illuminates the tendency among states to share resources, but only when necessary.
This book stands on its head the most venerated tradition in international law and discusses the challenges of resource scarcity, sovereignty, and territorial temptation
The Cambridge History of the Polar Regions is a landmark collection drawing together the history of the Arctic and Antarctica from the earliest times to the present. Structured as a series of thematic chapters, an international team of scholars offer a range of perspectives from environmental history, the history of science and exploration, cultural history, and the more traditional approaches of political, social, economic, and imperial history. The volume considers the centrality of Indigenous experience and the urgent need to build action in the present on a thorough understanding of the past. Using historical research based on methods ranging from archives and print culture to archaeology and oral histories, these essays provide fresh analyses of the discovery of Antarctica, the disappearance of Sir John Franklin, the fate of the Norse colony in Greenland, the origins of the Antarctic Treaty, and much more. This is an invaluable resource for anyone interested in the history of our planet.
An authoritative and engaging work, combining straightforward exposition with extensive footnotes for further research.
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. Contributors include: M.J. Aznar, T. Christakis, A. Constantinides, K. Del Mar, G. Distefano, M. Hébié, P. Klein, M. Kohen, V. Koutroulis, S. Lee, G. Nesi, K. Parlett
International law’s turn to history in the Americas receives invigorated refreshment with Christopher Rossi’s adaptation of the insightful and inter-disciplinary teachings of the English School and Cambridge contextualists to problems of hemispheric methodology and historiography. Rossi sheds new light on abridgments of history and the propensity to construct and legitimize whiggish understandings of international law based on simplified tropes of liberal and postcolonial treatments of the Monroe Doctrine. Central to his story is the retelling of the Monroe Doctrine by its supreme early twentieth century interlocutor, Elihu Root and other like-minded internationalists. Rossi’s revival of whiggish international law cautions against the contemporary tendency to re-read history with both eyes cast on the ideological present as a justification for misperceived historical sequencing.
By drawing on a broad range of disciplinary backgrounds, this book illustrates the immense complexities of Svalbard as a place, point of reference, or social concept. It portrays the multiple, situated perspectives that characterize understandings and imaginings of Svalbard, and brings together contributions from academic fields that rarely interact with each other. Svalbard Imaginaries contributes to a number of research contexts, ranging from a broadly conceived, multi-disciplinary field of ‘Arctic Studies’ to more disciplinary specific debates on how places are reworked at the interstices of various global flows and vice versa. It assembles contributions on imaginaries that cover a wide array of issues, including—but not limited to—Svalbard as a geopolitical site, a landscape, an image, a (mining) heritage assemblage, a tourist destination, a wilderness, a built environment, a site of knowledge production, a site of artistic engagement, and projections of the future. It deliberately assembles analyses that refer to a variety of timescales and covers representations of the past, the present, and possible futures of Svalbard.
Much of our understanding of the world is framed from the perspective of a dominant power center, or from standard readings of historical events. The architecture of international information distribution, academic centers, and the lingua franca of international scholarly discourse also shape these stories. Remoteness Reconsidered employs the idea of remoteness as an analytical tool for viewing international law's encounter with the Americas from the unusual, peripheral perspective of the Atacama Desert. The Atacama is one of the most remote places on Earth, although that less-than-accurate perspective comes from standard historical accounts of the region, accounts that originate from the “center.” Changing the usual frame of reference leads to a reconsideration of the idea of remoteness and of the subsequent marginalization of historical narratives that influence hemispheric international relations in important ways today. Lessons about international law's encounters with neoliberalism, indigenous and human rights, and the management and extraction of mineral resources take on new significance by following a spatial turn toward the idea of remoteness as applied to the Atacama Desert.
The South China Sea has long been a source of conflict and represents a core contemporary security issue in the Indo-Asia-Pacific region. This book offers an empirical analysis of the global ocean's most contested maritime territory, the South China Sea and its agents of contest.
Bringing together leading scholars from across a diverse range of disciplines, this unique book examines a key question: How can we best conserve marine living resources in the polar regions, where climate change effects and human activities are particularly pressing?