The Legal Consequences of Limited Statehood

The Legal Consequences of Limited Statehood
Author: Shadi Sakran
Publisher: Routledge
Total Pages: 164
Release: 2019-11-26
Genre: Law
ISBN: 1000763579

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This book analyzes Palestine’s acceptance as a State in multilateral frameworks and its legal consequences. Using Palestine as a case study, this book argues that participation in a State-reserved regime is not determined by the traditional requisites of statehood. UNESCO membership unveils the acceptance of Palestine as a State for the limited purpose of the organization, without any immediate or implicit implications for the statehood of Palestine. Palestine’s accessions to various multilateral treaties demonstrate this argument as do its instruments of accession being accepted by the depositaries of both the United Nations Secretary-General and national Governments without requiring any clarification of the statehood question. This book also provides the first in-depth study of the legal relationship of the rights and duties of Palestine with different groups of State Parties; the recent dispute settlement brought by Palestine against the United States and Israel; and theoretical and practical challenges for Palestine in its acceptance as a State in multilateral frameworks. The book will be of interest to scholars and students of international law, legal theory, state law, and Middle East studies.

Rule of Law and Areas of Limited Statehood

Rule of Law and Areas of Limited Statehood
Author: Linda Hamid
Publisher: Edward Elgar Publishing
Total Pages: 288
Release: 2021-01-12
Genre:
ISBN: 9781788979030

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This thought-provoking book addresses the legal questions raised by the nexus between the rule of law and areas of limited statehood, in which the State lacks the ability to exercise the full depth of its governmental authority. Working from an international law perspective, it examines the implications of limited statehood for the traditional State-based framing of the international legal order. Featuring original contributions written by renowned international scholars, chapters investigate key issues arising at the junction between domestic and international rule of law and areas of limited statehood, as well as the alternative modes of governance that develop therein, both with and without the approval of the State. Contributors discuss the impact of contested sovereignty on the rule of law, international responsibility with regard to rebel governance in areas of limited statehood and the consequences of limited statehood for international peace and security. This book will be useful for students and scholars of international law and international relations, particularly those working on sovereignty and statehood, non-state actors, State responsibility and the rule of law. It will also appeal to practitioners and policy-makers working in these same fields in either the State or global governance apparatus.

The Oxford Handbook of Governance

The Oxford Handbook of Governance
Author: David Levi-Faur
Publisher: Oxford University Press
Total Pages: 828
Release: 2012-03-29
Genre: Political Science
ISBN: 0199560536

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This Oxford Handbook will be the definitive study of governance for years to come. 'Governance' has become one of the most popular terms in contemporary political science; this Handbook explores the full range of meaning and application of the concept and its use in a number of research fields.

Effective Governance Under Anarchy

Effective Governance Under Anarchy
Author: Tanja A. Börzel
Publisher: Cambridge University Press
Total Pages: 381
Release: 2021-04-08
Genre: Business & Economics
ISBN: 1107183693

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Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.

The Oxford Handbook of Governance and Limited Statehood

The Oxford Handbook of Governance and Limited Statehood
Author: Thomas Risse
Publisher: Oxford University Press
Total Pages: 657
Release: 2018
Genre: Political Science
ISBN: 0198797206

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Unpacking the major debates, this Oxford Handbook brings together leading authors of the field to provide a state-of-the-art guide to governance in areas of limited statehood where state authorities lack the capacity to implement and enforce central decision and/or to uphold the monopoly over the means of violence. While areas of limited statehood can be found everywhere - not just in the global South -, they are neither ungoverned nor ungovernable. Rather, a variety of actors maintain public order and safety, as well as provide public goods and services. While external state 'governors' and their interventions in the global South have received special scholarly attention, various non-state actors - from NGOs to business to violent armed groups - have emerged that also engage in governance. This evidence holds for diverse policy fields and historical cases. The Handbook gives a comprehensive picture of the varieties of governance in areas of limited statehood from interdisciplinary perspectives including political science, geography, history, law, and economics. 29 chapters review the academic scholarship and explore the conditions of effective and legitimate governance in areas of limited statehood, as well as its implications for world politics in the twenty-first century. The authors examine theoretical and methodological approaches as well as historical and spatial dimensions of areas of limited statehood, and deal with the various governors as well as their modes of governance. They cover a variety of issue areas and explore the implications for the international legal order, for normative theory, and for policies toward areas of limited statehood.

Governance Without a State?

Governance Without a State?
Author: Thomas Risse
Publisher: Columbia University Press
Total Pages: 309
Release: 2011-10-11
Genre: Political Science
ISBN: 0231521871

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Governance discourse centers on an "ideal type" of modern statehood that exhibits full internal and external sovereignty and a legitimate monopoly on the use of force. Yet modern statehood is an anomaly, both historically and within the contemporary international system, while the condition of "limited statehood," wherein countries lack the capacity to implement central decisions and monopolize force, is the norm. Limited statehood, argue the authors in this provocative collection, is in fact a fundamental form of governance, immune to the forces of economic and political modernization. Challenging common assumptions about sovereign states and the evolution of modern statehood, particularly the dominant paradigms supported by international relations theorists, development agencies, and international organizations, this volume explores strategies for effective and legitimate governance within a framework of weak and ineffective state institutions. Approaching the problem from the perspectives of political science, history, and law, contributors explore the factors that contribute to successful governance under conditions of limited statehood. These include the involvement of nonstate actors and nonhierarchical modes of political influence. Empirical chapters analyze security governance by nonstate actors, the contribution of public-private partnerships to promote the United Nations Millennium Goals, the role of business in environmental governance, and the problems of Western state-building efforts, among other issues. Recognizing these forms of governance as legitimate, the contributors clarify the complexities of a system the developed world must negotiate in the coming century.

The Oxford Handbook of Governance and Limited Statehood

The Oxford Handbook of Governance and Limited Statehood
Author: Thomas Risse
Publisher: Oxford University Press
Total Pages: 688
Release: 2018-03-08
Genre: Political Science
ISBN: 0192517678

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Unpacking the major debates, this Oxford Handbook brings together leading authors of the field to provide a state-of-the-art guide to governance in areas of limited statehood where state authorities lack the capacity to implement and enforce central decision and/or to uphold the monopoly over the means of violence. While areas of limited statehood can be found everywhere - not just in the global South -, they are neither ungoverned nor ungovernable. Rather, a variety of actors maintain public order and safety, as well as provide public goods and services. While external state 'governors' and their interventions in the global South have received special scholarly attention, various non-state actors - from NGOs to business to violent armed groups - have emerged that also engage in governance. This evidence holds for diverse policy fields and historical cases. The Handbook gives a comprehensive picture of the varieties of governance in areas of limited statehood from interdisciplinary perspectives including political science, geography, history, law, and economics. 29 chapters review the academic scholarship and explore the conditions of effective and legitimate governance in areas of limited statehood, as well as its implications for world politics in the twenty-first century. The authors examine theoretical and methodological approaches as well as historical and spatial dimensions of areas of limited statehood, and deal with the various governors as well as their modes of governance. They cover a variety of issue areas and explore the implications for the international legal order, for normative theory, and for policies toward areas of limited statehood.

International Law in Domestic Courts

International Law in Domestic Courts
Author: Andre Nollkaemper
Publisher: Oxford University Press, USA
Total Pages: 769
Release: 2019-01-28
Genre: Law
ISBN: 0198739745

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The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

Power Politics and State Formation in the Twentieth Century

Power Politics and State Formation in the Twentieth Century
Author: Bridget Coggins
Publisher: Cambridge University Press
Total Pages: 281
Release: 2014-04-24
Genre: History
ISBN: 1107047358

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From Kurdistan to Somaliland, Xinjiang to South Yemen, all secessionist movements hope to secure newly independent states of their own. Most will not prevail. The existing scholarly wisdom provides one explanation for success, based on authority and control within the nascent states. With the aid of an expansive new dataset and detailed case studies, this book provides an alternative account. It argues that the strongest members of the international community have a decisive influence over whether today's secessionists become countries tomorrow and that, most often, their support is conditioned on parochial political considerations.

Sovereignty, Statehood and State Responsibility

Sovereignty, Statehood and State Responsibility
Author: Christine Chinkin
Publisher: Cambridge University Press
Total Pages: 529
Release: 2015-02-12
Genre: Law
ISBN: 1316218090

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This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of states), statehood (what it means to be a state, and the process of acquiring or losing statehood) and state responsibility (the legal component of what being a state entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states. It includes reflections on the interactions between states and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood.