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To have a State, four distinct conditions must be met. First, there must be a community of people, and it matters not whether they belong to the same color, faith, or ethnicity. Second, there must be a geographical space, a settlement that this community of people calls a home. Third, there must be governing authority. And finally, the government must be sovereign – sovereign in the sense that it is self-governing and independent of any domestic or international body. Palestine, Taiwan, and Western Sahara have met all the forestated conditions -- except for broad international support and recognition and membership of the United Nations. However, this has not been the case with Palestine, Taiwan, and Western Sahara. This edited volume examines some of the endogenous and exogenous factors that have contributed to the ambiguous and contested nature of these political entities and argued that the undermined nature of these entities contributes to regional instability and global insecurity. And finally, the continued denial of statehood is a violation of their collective human rights.
What makes a state? This question has attracted more and more attention in recent years with Catalan's illegal vote for independence from Spain and Palestine's ongoing search for international recognition. And while Scotland chose to remain with the United Kingdom, discussions of independence have only continued as the ramifications of the Brexit vote begin to set in. Kosovo, South Sudan, and the situation in Ukraine--each in its way reveals the perils of creating a nation separate from neighbors who have dominated it. As James Ker-Lindsay and Mikulas Fabry show in this new addition to the What Everyone Needs to Know® series, the road to statehood never did run smooth. Declaring independence is only the first step; gaining both local and global acceptance is necessary before a state can become truly independent. The prospect of losing territory is usually not welcomed by the parent state, and any such threat to an existing culture and its economy is often met with resistance--armed or otherwise. Beyond this immediate conflict, the international community often refuses to accept new states without proof of defined territory, a settled population, and effective government, which frequently translates to a democratic one with demonstrated respect for human rights. Covering the legal, political, and practical issues of secession and state creation, Ker-Lindsay and Fabry provide a sure-footed guide to a complex topic.
In this incisive and thought-provoking book, Francois Venter illuminates the issues arising from the fact that the current language of constitutional law is strongly premised on a particular worldview rooted in the history of the states around the North Atlantic Ocean. Highlighting how this terminological hegemony is being challenged from various directions, Venter explores the problem that all constitutional comparatists face: that they all must use the same words to express different meanings.
This book is the first to give a comprehensive and detailed overview of the complete geography of Slovenia in English. Only very few countries, even considerably larger ones, can boast the landscape diversity found in Slovenia since the Alps, the Pannonian Basin, the Dinaric Alps, and the Mediterranean meet and interweave in this small corner of Central Europe, as do Germanic, Hungarian, Slavic, and Romance cultural influences. The book provides a systematical overview of physical and human geographical elements of Slovenia from landforms to cultural characteristics. Special attention is given to landscape diversity, to the presentation of Slovene landscape types and regions, to some particularities and interesting facts of Slovenia, and to the position of Slovenia in the World. The book also illustrates some other important geographical phenomena, processes and interactions between nature and society in nowadays Slovenia. This volume appeals to researchers as well as students in the field of regional geography. It can also serve as a source for complete background information as well as a field guide for Slovenia.
Ruling the World?: Constitutionalism, International Law, and Global Governance provides an interdisciplinary analysis of the major developments and central questions in debates over international constitutionalism at the UN, EU, WTO, and other sites of global governance. The essays in this volume explore controversial empirical and structural questions, doctrinal and normative issues, and questions of institutional design and positive political theory. Ruling the World? grows out of a three-year research project that brought twelve leading scholars together to create a comprehensive and integrated framework for understanding global constitutionalization. Ruling the World? is the first volume to explore in a cross-cutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the core assumptions, basic analytic tools, and key challenges in contemporary debates over international constitutionalization.
Rebel Courts presents an argument that it is possible for non-state armed groups in situations of armed conflict to legally establish and operate a system of courts to administer justice. Neither the concept of the rule of law nor the general principle of state sovereignty stands in the way of framing an understanding of the rule of law adapted to the reality of rebel governance in the area of justice. Legal standards applicable to non-state armed groups in situations of international or non-international armed conflict, including international humanitarian law, international human rights law, and international criminal law, recognise their authority to regularly constitute or establish non-state courts. The lawful operation of such courts is of course subject to requirements of due process, corresponding to an array of guarantees that must be respected in all cases. Rebel courts that are regularly constituted and operate in a manner consistent with due process guarantees demand a certain degree of recognition by international institutions, by states not involved in the conflict, to some extent by the territorial state, and even by other non-state armed groups. These normative claims are grounded in a series of detailed case studies of the administration of justice by non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq).
This book provides systematic coverage of the key concepts in the study of environmental politics; the evolution of environmental thinking; the national and international actors involved in environmental policy; and a selection of specific environmental problems including their causes, the challenges and results of addressing them to date.
This Research Handbook examines the complex relationship between international law and domestic legal systems. An interdisciplinary range of experts analyse the topic from historical, conceptual, critical and doctrinal perspectives, setting the tone for future reflections on the development of the international legal order.