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This book offers a comprehensive, highly informative and interdisciplinary study on territorial integrity and the challenges globalization, self-determination and external interventions present. This study aims at not only to fill an epistemological gap in this regard, but also answer the question of whether International Law is adequately equipped to help states address these challenges. The author argues that the biggest threat that many states are confronted with today is their disintegration rather than their obsolescence, and that International Law has not often been able to prevent that eventuality. In fact, states, when they were not destroyed by war, managed to survive, thanks to the flexibility of territoriality, i.e. their ability to adjust to difficult situations as they arose. It is this understanding of adaptation that urges an increasing number of states today to revive territorial autonomy and restore an original understanding of self-determination in which democracy is a pivotal factor in establishing congruence between the states and their nations. While this move is endorsed by International Law, it is not the case for globalization; for their own sake, proponents of globalization should recognize that the states are irreplaceable as long as they remain the sole providers of protection for their peoples.
Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.
Today's global politics demands a new look at the concept of territory. From so-called deterritorialized terrorist organizations such as al-Qaeda to U.S.-led overthrows of existing regimes in the Middle East, the relationship between territory and sovereignty is under siege. Unfolding an updated understanding of the concept of territory, Stuart Elden shows how the contemporary "war on terror" is part of a widespread challenge to the connection between the state and its territory. Although the importance of territory has been disputed under globalization, territorial relations have not come to an abrupt end. Rather, Elden argues, the territory/sovereignty relation is being reconfigured. Traditional geopolitical analysis is transformed into a critical device for interrogating hegemonic geopolitics after the Cold War, and is employed in the service of reconsidering discourses of danger that include "failed states," disconnection, and terrorist networks. Looking anew at the "war on terror"; the development and application of U.S. policy; the construction and demonization of rogue states; events in Lebanon, Somalia, and Pakistan; and the wars continuing in Afghanistan and Iraq, Terror and Territory demonstrates how a critical geographical analysis, informed by political theory and history, can offer an urgently needed perspective on world events.
Understanding the global security environment and delivering the necessary governance responses is a central challenge of the 21st century. On a global scale, the central regulatory tool for such responses is public international law. But what is the state, role, and relevance of public international law in today's complex and highly dynamic global security environment? Which concepts of security are anchored in international law? How is the global security environment shaping international law, and how is international law in turn influencing other normative frameworks? The Oxford Handbook of the International Law of Global Security provides a ground-breaking overview of the relationship between international law and global security. It constitutes a comprehensive and systematic mapping of the various sub-fields of international law dealing with global security challenges, and offers authoritative guidance on key trends and debates around the relationship between public international law and global security governance. This Handbook highlights the central role of public international law in an effective global security architecture and, in doing so, addresses some of the most pressing legal and policy challenges of our time. The Handbook features original contributions by leading scholars and practitioners from a wide range of professional and disciplinary backgrounds, reflecting the fluidity of the concept of global security and the diversity of scholarship in this area.
Why would China jeopardize its relationship with the United States, the former Soviet Union, Vietnam, and much of Southeast Asia to sustain the Khmer Rouge and provide hundreds of millions of dollars to postwar Cambodia? Why would China invest so much in small states, such as those at the China-Africa Forum, that offer such small political, economic, and strategic return? Some scholars assume pragmatic or material concerns drive China's foreign policy, while others believe the government was once and still is guided by Marxist ideology. Conducting rare interviews with the actual policy makers involved in these decisions, Sophie Richardson locates the true principles driving China's foreign policy since 1954's Geneva Conference. Though they may not be "right" in a moral sense, China's ideals are based on a clear view of the world and the interaction of the people within it-a philosophy that, even in an era of unprecedented state power, remains tied to the origins of the PRC as an impoverished, undeveloped state. The Five Principles of Peaceful Coexistence mutual respect for territorial integrity and sovereignty; nonaggression; noninterference; equality and mutual benefit; and peaceful coexistence live at the heart of Chinese foreign policy and set the parameters for international action. In this model of state-to-state relations, the practices of extensive diplomatic communication, mutual benefit, and restraint in domestic affairs become crucial to achieving national security and global stability.
The Law of International Watercourses examines the rules of international law governing the non-navigational uses of international watercourses. The continued growth of the world's population places increasing demands on Earth's finite supply of fresh water. Because two or more states sharemany of the world's most important drainage basins - including The Danube, The Ganges, The Indus, The Jordan, The Mekong, The Nile, The Rhine, and The Tigris-Euphrates - competition for increasingly scarce fresh water resources is likely to increase. Resulting disputes will be resolved against thebackdrop of the rules of international law governing the use of international watercourses. In addition, these rules are of importance to donor institutions and governments that provide development assistance for projects relating to shared fresh water resources. While the law of international watercourses continues to evolve due to the intensification of use of shared fresh water resources and, consequently, increasingly frequent contacts between riparian states, The basic rules are reflected in the 1997 UN Convention on the law of the non-navigationaluses of international watercourses. This book devotes a chapter to the 1997 Convention but also examines the factual and legal context in which the Convention should be understood, considers the more important rules of the Convention in some depth and discusses specific issues that could not beaddressed in a framework instrument of that kind. In particular, the book studies the major cases and controversies concerning international watercourses as a background against which to consider the basic substantive and procedural rights and obligations of states.
Our world is currently divided into territorial states that resist all attempts to change their borders. But what entitles a state, or the people it represents, to assume monopoly control over a particular piece of the Earth's surface? Why are they allowed to prevent others from entering? What if two or more states, or two or more groups of people, claim the same piece of land? Political philosophy, which has had a great deal to say about the relationship between state and citizen, has largely ignored these questions about territory. This book provides answers. It justifies the idea of territory itself in terms of the moral value of political self-determination; it also justifies, within limits, those elements that we normally associate with territorial rights: rights of jurisdiction, rights over resources, right to control borders and so on. The book offers normative guidance over a number of important issues facing us today, all of which involve territory and territorial rights, but which are currently dealt with by ad hoc reasoning: disputes over resources; disputes over boundaries, oceans, unoccupied islands, and the frozen Arctic; disputes rooted in historical injustices with regard to land; secessionist conflicts; and irredentist conflicts. In a world in which there is continued pressure on borders and control over resources, from prospective migrants and from the desperate poor, and no coherent theory of territory to think through these problems, this book offers an original, systematic, and sophisticated theory of why territory matters, who has rights over territory, and the scope and limits of these rights.
This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and its subsequent annexation by the Russian Federation in 2014. The work investigates the two cases so as to shed light on the international legal regime affecting entities that are smaller than a sovereign State. It analyzes the relevant principles of international law, the intention being to determine their scope and review them in light of the most recent practice and developments in international law. In turn, the book examines and explains the events of relevance for international law that occurred in the changing situations in Kosovo and Crimea. On the basis of these legal considerations, it explores how the international community can respond when faced with situations that may violate international law, together with the effectiveness of various measures. It also discusses whether certain situations might be legitimate as a concept could now be emerging that secession may be justified in specific circumstances, such as serious and widespread violations of basic human rights.
Compelling and accessible, this Very Short Introduction challenges the perception of borders as passive lines on a map, revealing them instead to be integral forces in the economic, social, political, and environmental processes that shape our lives. Highlighting the historical development and continued relevance of borders, Alexander Diener and Joshua Hagen offer a powerful counterpoint to the idea of an imminent borderless world, underscoring the impact borders have on a range of issues, such as economic development, inter- and intra-state conflict, global terrorism, migration, nationalism, international law, environmental sustainability, and natural resource management. Diener and Hagen demonstrate how and why borders have been, are currently, and will undoubtedly remain hot topics across the social sciences and in the global headlines for years to come. This compact volume will appeal to a broad, interdisciplinary audience of scholars and students, including geographers, political scientists, anthropologists, sociologists, historians, international relations and law experts, as well as lay readers interested in understanding current events.