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Monday, April 27, 2020 | History

6 edition of Unlawful territorial situations in international law found in the catalog.

Unlawful territorial situations in international law

Enrico Milano

Unlawful territorial situations in international law

reconciling effectiveness, legality, and legitimacy

by Enrico Milano

  • 137 Want to read
  • 35 Currently reading

Published by Martinus Nijhoff Publishers in Leiden, Boston .
Written in English

    Subjects:
  • Sovereignty, Violation of,
  • Territory, National,
  • Jurisdiction (International law),
  • Boundaries,
  • Internationaal recht,
  • Territorium,
  • Legaliteitsbeginsel,
  • Legitimiteit,
  • Atteinte à la souveraineté,
  • Territoire national,
  • Juridiction (Droit international),
  • Frontières

  • Edition Notes

    StatementEnrico Milano ; with a foreword by Christine Chinkin.
    SeriesDevelopments in international law -- v. 55.
    Classifications
    LC ClassificationsKZ4047 .M55 2006
    The Physical Object
    Paginationxxxix, 304 p. ;
    Number of Pages304
    ID Numbers
    Open LibraryOL20025238M
    ISBN 109004149392
    ISBN 109789004149397
    LC Control Number2006271151
    OCLC/WorldCa63680099


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Unlawful territorial situations in international law by Enrico Milano Download PDF EPUB FB2

The theoretical framework utilised by Milano will have application as regards all unlawful circumstances in international law that go on to produce lawful effects; there is no reason to limit it to unlawful territorial situations.

The arguments pursued are likely only to be strengthened by further empirical : Matthew Saul. 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 by: Unlawful Territorial Situations in International Law: Reconciling Effectiveness, Legality And Legitimacy (Developments in International Law) [Milano, Enrico, Chinkin, Christine] on *FREE* shipping on qualifying offers.

Unlawful Territorial Situations in International Law: Reconciling Effectiveness, Legality And Legitimacy (Developments in International Law)Cited by: This book contains excerpts in extenso from leading cases in general international law, and seeks to provide a greater volume of case law than that currently available on the market.

It contains no editorial commentary and no secondary literature, as these are widely available in other works. It can serve either as a principal text or as a supplement to other standard books. Description: This work deals with the question of unlawful territorial situations, i.e.

territorial regimes that are established and maintained in defiance of international book represents a welcome contribution to an issue of the outmost importance in international affairs at present times.

It brings together elaborate theoretical. Get this from a library. Unlawful territorial situations in international law: reconciling effectiveness, legality, and legitimacy. [Enrico Milano] -- Unlawful territorial situations in international law book 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. Enrico Milano, Unlawful Territorial Situations Unlawful territorial situations in international law book International Law: Reconciling Effectiveness, Legality and Legitimacy () xiii.

Ibid 9. Ibid 6 (emphasis in original). Ibid – Ibid – The author’s discussion of the illegality of the NATO action against Serbia is one of the best that I have read and should give pause to even the most self-assured of human rights advocates.

Unlawful territorial situations in international law: reconciling effectiveness, legality, and legitimacy. This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international book represents a welcome contribution to Unlawful territorial situations in international law book issue of the outmost importance in international affairs at present times.

State responsibility in unlawful territorial situations: re-assessing the boundaries of legality Unlawful territorial situations, territorial disputes and the ICJ Unlawful territorial situations resulting from serious breaches of international law 8.

Legitimacy, recognition and legitimation of unlawful territorial. Unlawful territorial situations in international law book Reviews Enrico Milano, Unlawful Territorial Situations in International Law - Reconciling Effectiveness, Legality and Legitimacy. Leiden: Brill,pp. ISBN All states are considered sovereign under international law.

Two fundamental concepts that help define the sovereignty of a state in international law are. This article suggests that the legal basis cannot be found in Article 51 of the UN Charter.

It argues that positive reactions of states and the Unlawful territorial situations in international law book of UN bodies in relation to the US coalition intervention imply concurrence with the immediate security approach in the face of unlawful territorial situations created by non-state actors.

They also confirm the long-established rules on implied recognition and highlight the relationship between legality and effectiveness in unlawful territorial situations. From an international law perspective, there is no uniformity in the quality of domestic courts’ decisions on statehood and recognition.

The thesis sheds light on the extent to which international law Unlawful territorial situations in international law book states' and peoples' territorial sovereignty by studying the phenomenon of unlawful territorial situations.

An unlawful territorial situation can be defined as a territorial occupation established and maintained as a result of a violation of international law, such as in.

International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct.

Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday’s wars falls short when. Western Sahara as an unlawful territorial situation deriving from the illegal occupation of the 22 Hans Corell, Western Sahara – status and resources, New Routes 4/ 10, p.

This chapter explores some of the problems concerning the role of third states in situations of unlawful use of force by a state against another state. It first draws a distinction between states directly involved in conflict either as the instigator or as the victim of an unlawful armed intervention, and ‘third states’.

It then considers the rules that define the legal position of third. International Law?’, PhD thesis, University of Melbourne,unpublished, Appendices 2 and 3 (on file with the author); on the legality of international administration see Enrico Milano, Unlawful Territorial Situations in International Law (Leiden: Martinus Nijhoff, ), – fore, has remained the basis of most analyses of international law, although not without challenge.

Before the territorial basis of international society is further 6. Ibid. 36^4. See Nussbaum, A Concise History of the Nations Law of () p. Gross. This book provides updates on the important work of long-standing international tribunals and introduces novel topics in international law.

The book continues to provide expert coverage of the International Court of Justice, the Court of Justice of the European Union and of diverse tribunals, from the criminal tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such.

resolution by the law enforcement and judicial authorities of the respective states. However, in the final analysis most experts agree that all states “must be able to exercise their inherent right under international law to defend themselves against all actors – non-state and state alike.”15 Paul Eden and Thérèse O’Donnell (eds.), Septem A Turning Point in International and Domestic Law.

New York: Transnational Publishers,pp. ISBN [Valentina Azarova, Post-Doctoral Fellow, Center for Global Public Law, Koç University Law School, Istanbul; legal adviser, Global Legal Action post is part of an ongoing symposium on Professor Aeyal Gross’s book T he Writing on the Wall: Rethinking the International Law of Occupation (CUP, ).

The Writing on the Wall is a valuable response to growing frustration with the. Wheaton's Elements of international law. Elements of International Law, first published inis a book on international law by Henry Wheaton which has long been influential. This book was translated into many languages and became a standard work.

On his own merits Wheaton is clearly entitled to rank among the classics. Enrico Milano, Unlawful Territorial Situations in International Law - Reconciling Effectiveness, Legality and Legitimacy.

Leiden: Brill,pp. ISBN Article. Legality can be defined as an act, agreement, or contract that is consistent with the law or state of being lawful or unlawful in a given principle that an accused may not be prosecuted for an act that is not declared a crime in that jurisdiction is actually about the Principle of legality which is part of the overall concept of legality.

This comprehensive study of State failure upholds that the collapse of States in sub-Saharan Africa is a self-inflicted problem caused by the abandonment of the principle of effectiveness during decolonization. On the one hand, the abandonment of effectiveness may have facilitated the recognition of the new African States, but on the other it did lead to the creation of States that were 5/5(1).

This book analyzes the traditional criteria of territorial acquisition and demonstrates their inadequacies in the modern context.

It also addresses contemporary territorial doctrines and conflicts. It regards territorial acquisition as a comprehensive process involving various considerations leading to the establishment or transfer of exclusive control over territory.3/5(2). ‘The book gives anybody interested in, or working with, these issues a solid basis for refuting claims of non-applicability of international obligations of states in these situations and does so without departing from sound legal research and findings Author: Thomas Gammeltoft-Hansen.

territorial cyberspace,6 or global climate change7. Given its roots in the Westphalian international legal system, the law of jurisdiction forms part of the traditional ‘negative’ international law of State co-existence, which mainly contains ‘do not’-obligations, or prohibitions, aimed at.

General Overviews. Over the past two decades the topic of PMSCs has been the subject of much scholarly attention from a variety of research traditions (e.g. Jäger and Kümmel and Singer ) and international relations (e.g., Anders ) and has also resulted in a number articles and books providing a general overview of legal aspects concerning the use and conduct of these private actors.

International law has significant relations with territorial disputes because territorial disputes tackles the basis of international law; the state territory. International law is based on the 'persons' of international law, which requires a 'defined territory' as mentioned in the Montevideo convention of The right of return is a principle in international law which guarantees everyone's right of voluntary return to or re-enter their country of origin or of citizenship.A right of return based on nationality, citizenship or ancestry may be enshrined in a country's constitution or law, and some countries deny a right of return in particular cases or in general.

This book is an important defence of the significance of international law in utilised by Milano will have application as regards all unlawful circumstances in international law that go on to produce lawful effects; there is no reason to limit it to unlawful territorial situations.

The arguments pursued are likely only to be strengthened by. Milano E () Unlawful Territorial Situations in International Law. Martinus Nijhoff, The Hague Google Scholar Milano E () The doctrine(s) of non-recognition: Theoretical underpinnings and policy implications in dealing with de facto by: 1.

Reference & Research Book News: Article Type: Book Review: Date: May 1, Words: Previous Article: Unlawful territorial situations in international law; reconciling effectiveness, legality and legitimacy. Next Article: The trial proceedings of the international criminal court; ICTY and ICTR precedents.

Topics. The territorial principle (also territoriality principle) is a principle of public international law under which a sovereign state can prosecute criminal offences that are committed within its borders.

The principle also bars states from exercising jurisdiction beyond their borders, unless they have jurisdiction under other principles such as the principle of nationality, the passive.

Arthur Lenhoff,International Law and Rules on International Jurisdiction, 5 () * This article constitutes section 1 of chapter 2 of the author's book, jurisdiction and judgments: A Comparative Study, to be published for the Parker School of Foreign and residing within its territorial confines,2' each state may.

Book Reviews. The Fluid State: International Law and National Legal Systems by Hilary Charlesworth, Madelaine Chiam, Devika Hovell and George Williams (eds) Anne Orford; Unlawful Territorial Situations in International Law: Reconciling Effectiveness, Legality and Legitimacy by Enrico Milano Eric Wilson; New Publications in International Law.

Milano E () Unlawful territorial situations in international law. Brill, Leiden CrossRef Google Scholar Repousis O () Why Russian investment treaties could apply to Crimea and what would this mean for the ongoing Russo–Ukrainian territorial : Sebastian Wuschka.

Foreword to Unlawful Territorial Situations in International Law: Reconciling Effectiveness, Legality and Legitimacy, by E. Milano, XVII. Leiden, The Netherlands: .Define interposing. interposing synonyms, interposing pronunciation, interposing translation, English dictionary definition of interposing.

the book argues, Unlawful territorial situations in international law; reconciling effectiveness, legality and legitimacy. The two outputs are combined by interposing a transformer, with two primary.In international law: Ebook.

According ebook the territorial principle, states have exclusive authority to deal with criminal issues arising within their territories; this principle has been modified to permit officials from one state to act within another state in certain circumstances (e.g., the Channel Tunnel arrangements between the United Kingdom and France.