Unlawful Territorial Situations in International Law: Reconciling Effectiveness, Legality And LegitimacyMartinus Nijhoff Publishers, 2006 - 304 頁 This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law. It represents a very timely contribution to the debate concerning the nature, the aims and purpose of foreign interventions in the affairs of sovereign countries. International lawyers have focussed on the important questions of the legal regime applicable to the conduct of the occupant and the authoritative decision-making processes by international institutions, but often neglected the broader and decisive question of the legality of the 'foreign' or 'international' presence as such. The author shows the relevance and, sometimes irrelevance, of international law to the determination of legality or illegality of the occupation, and how legal norms incorporate and interact with the concepts of effectiveness and legitimacy. The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study. |
內容
CHAPTER | 1 |
Military occupation and effectiveness | 4 |
Book plan | 19 |
Effectiveness in the doctrinal debate | 25 |
8888 | 44 |
90 | 50 |
in international law | 51 |
Territorial sovereignty and effectiveness | 64 |
CHAPTER 5 | 133 |
background of the decisions | 142 |
protection of status quo and ius ad bellum | 151 |
access to statehood and referendumsetting | 158 |
Legitimacy recognition and legitimation of unlawful territorial situations | 190 |
Conclusions | 203 |
legitimacy outside of the law? | 234 |
law embodied in the UN Charter? Some exercises in lateral thinking | 245 |
其他版本 - 查看全部
常見字詞
according action administration Advisory Opinion agreement analysis annexation application authority Bakassi belligerent occupation boundary breach Cameroon Chapter VII claim colonial competence concept of effectiveness considered constitution Convention Court decision Declaration despite doctrine droit East Timor effectiveness in international exercise fact force function fundamental Grundnorm human rights Ibidem ICJ Reports illegal independence infra Ch international community international humanitarian law international law international lawyers international legal intervention invalidity Iraq issue judicial jurisdiction Kelsen KFOR Kohen Kosovo legal system legitimacy military Namibia NATO Nigeria non-recognition occupation occupying power peace and security political present principle of effectiveness principles of international question reality recognition represent responsibility role rule SC Res SC Resolution Security Council self-determination sociological sociological positivism sovereign statehood substantive supra terra nullius territorial disputes territorial integrity territorial sovereignty territorial status theory treaty tribunals UN Charter United Nations unlawful territorial situations UNMIK uti possidetis validity violation Western Sahara Yugoslavia