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Sarah Joseph - One of the best experts on this subject based on the ideXlab platform.
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resolving conflicting claims of Territorial Sovereignty and external self determination part 2
The International Journal of Human Rights, 1999Co-Authors: Sarah JosephAbstract:This second half of the article contains examples of potential applications of the formula devised in Part 1 for the prima facie resolution of conflicting claims of Territorial Sovereignty and external self‐determination. In the context of various successful and unsuccessful secessionist claims, these examples of practical application indicate that the formula largely complies with current international practice in recognising or denying such claims. The conclusion contains further justifications for the proposed formula.
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resolving conflicting claims of Territorial Sovereignty and external self determination part 1 a proposed formula
The International Journal of Human Rights, 1999Co-Authors: Sarah JosephAbstract:This article proposes principles under which a secessionist claim of external self‐determination (ESD) should be recognised as a right by attempting to identify a just balance between the notions of Territorial Sovereignty and ESD. Initially, the meaning of the terms ‘Territorial Sovereignty’ and ‘self‐determination’ is analysed. A formula is then proposed for resolving conflicts between claims of Territorial Sovereignty and claims of secessionist ESD, which takes into account principles of international law, international human rights law, and states’ practice in recognising secessionist ESD claims. (Practical application of this formula will be demonstrated in Part 2 of this article.)
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Resolving conflicting claims of Territorial Sovereignty and external self‐determination, part 1: A proposed formula
The International Journal of Human Rights, 1999Co-Authors: Sarah JosephAbstract:This article proposes principles under which a secessionist claim of external self‐determination (ESD) should be recognised as a right by attempting to identify a just balance between the notions of Territorial Sovereignty and ESD. Initially, the meaning of the terms ‘Territorial Sovereignty’ and ‘self‐determination’ is analysed. A formula is then proposed for resolving conflicts between claims of Territorial Sovereignty and claims of secessionist ESD, which takes into account principles of international law, international human rights law, and states’ practice in recognising secessionist ESD claims. (Practical application of this formula will be demonstrated in Part 2 of this article.)
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Resolving conflicting claims of Territorial Sovereignty and external self‐determination, part 2
The International Journal of Human Rights, 1999Co-Authors: Sarah JosephAbstract:This second half of the article contains examples of potential applications of the formula devised in Part 1 for the prima facie resolution of conflicting claims of Territorial Sovereignty and external self‐determination. In the context of various successful and unsuccessful secessionist claims, these examples of practical application indicate that the formula largely complies with current international practice in recognising or denying such claims. The conclusion contains further justifications for the proposed formula.
Anna Stilz - One of the best experts on this subject based on the ideXlab platform.
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Reply to my critics
Critical Review of International Social and Political Philosophy, 2020Co-Authors: Anna StilzAbstract:This paper offers an overview of the central argument of my book, Territorial Sovereignty, and replies to four critics.
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Territorial Sovereignty: A Discussion
Theoria, 2020Co-Authors: Anna Stilz, Christine HobdenAbstract:18 November 2019CH: Thank you for agreeing to do this. The prompt for the interview was to talk about your recently published book, Territorial Sovereignty, but I thought before we got into that you could say something about your earlier work and how that led you to be interested in this particular project that you deal with in the book.
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Territorial Sovereignty - Introduction: The Normative Bases for Territorial Sovereignty
Territorial Sovereignty, 2019Co-Authors: Anna StilzAbstract:This chapter introduces the two main questions with which this book is concerned. First, is there any compelling moral justification for organizing our world as a Territorial states system or is this mode of organization just a firmly rooted historical contingency? Second, how might a state demonstrate a right to control a population and geographical area within that system, especially in the face of challenges from foreign powers or separatist groups who dispute its title? The chapter introduces the three core values that ground the account of Territorial Sovereignty, occupancy, basic justice, and collective self-determination, and it distinguishes the book’s position from alternative views.
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Territorial Sovereignty - Conclusion: Territorial Sovereignty and Global Institutions
Territorial Sovereignty, 2019Co-Authors: Anna StilzAbstract:This book has offered a qualified defense of a Territorial states system. This chapter summarizes the book’s argument and suggests we have a common responsibility to work to create multilateral institutions that would better specify, allocate, and enforce duties to protect the fundamental Territorial interests of the earth’s inhabitants. Following Kant, the chapter argues for institutionalizing these cosmopolitan duties through multilateral cooperation and horizontal sanctioning, rather than by instituting a world government with executive powers. There is every reason to work toward climate justice, more extensive refugee rights, and other cosmopolitan reforms via “self-binding” arrangements that will reflect, rather than violate, collective self-determination. Such a strategy may allow for the establishment of multilateral institutions that can limit state Sovereignty by enforceable duties to secure fundamental Territorial interests.
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Territorial Sovereignty
2019Co-Authors: Anna StilzAbstract:This book offers a qualified defense of a Territorial states system. It argues that three core values—occupancy, basic justice, and collective self-determination—are served by an international system made up of self-governing, spatially defined political units. The defense is qualified because the book does not actually justify all of the Sovereignty rights states currently claim and that are recognized in international law. Instead, the book proposes important changes to states’ sovereign prerogatives, particularly with respect to internal autonomy for political minorities, immigration, and natural resources. Part I of the book argues for a right of occupancy, holding that a legitimate function of the international system is to specify and protect people’s preinstitutional claims to specific geographical places. Part II turns to the question of how a state might acquire legitimate jurisdiction over a population of occupants. It argues that the state will have a right to rule a population and its territory if it satisfies conditions of basic justice and facilitates its people’s collective self-determination. Finally, Parts III and IV of this book argue that the exclusionary Sovereignty rights to control over borders and natural resources that can plausibly be justified on the basis of the three core values are more limited than has traditionally been thought.
Jiang H - One of the best experts on this subject based on the ideXlab platform.
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Conflicts in South China Sea and Their Implications and Resolutions Viewed from the Spirit of International Law:Taking Territorial Dispute between China and the Philippines over the Nansha Islands as Example
Journal of Nanjing Normal University, 2012Co-Authors: Jiang HAbstract:The Philippines' legislative determination to show its Sovereignty over the Nansha islands has infringed China's inherent Territorial Sovereignty and intensified the conflicts in the South China Sea.The complex international background and geographical conditions for the tension makes this Territorial dispute typical and instructive in understanding the conflicts in the South China Sea,and it also decides China's diplomatic strategy to handle such issues.In light of the pre-empt principle,China is doubtlessly entitled to the Territorial Sovereignty over the Nansha Islands whereas the Philippines' principle of national security for its Territorial claim is groundless in jurisprudence and finds no justification in the cases of the ICJ.A legal analysis of the case will contribute to China's formulation of workable diplomatic strategy and reasonable claims.Meanwhile,better understanding of the international background of the diplomatic and judicial means will result in the peaceful settlement of the marine conflicts between China and the Philippines as well as those in the South China Sea.
James Crawford - One of the best experts on this subject based on the ideXlab platform.
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Brownlie's Principles of Public International Law - 9. Acquisition and transfer of Territorial Sovereignty
Brownlie's Principles of Public International Law, 2019Co-Authors: James CrawfordAbstract:Disputes concerning title to land territory, including islands, and over the precise determination of boundaries are regularly the subject of international proceedings. While the occupation of territory not belonging to any state (terra nullius) is no longer a live issue, issues concerning such occupation in the past may still arise. This chapter discusses the following, the ‘modes’ of acquisition, displacement of title, Territorial disputes, and Territorial Sovereignty and peremptory norms.
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brownlie s principles of public international law
2012Co-Authors: James CrawfordAbstract:PART I - PRELIMINARY TOPICS PART II - PERSONALITY AND RECOGNITION PART III - Territorial Sovereignty PART IV - LAW OF THE SEA PART V - THE ENVIRONMENT AND NATURAL RESOURCES PART VI - INTERNATIONAL TRANSACTIONS PART VII - STATE JURISDICTION PART VIII - NATIONALITY AND RELATED CONCEPTS PART IX - THE LAW OF RESPONSIBILITY PART X - THE PROTECTION OF INDIVIDUALS AND GROUPS PART XI - DISPUTES
Anna Yeatman - One of the best experts on this subject based on the ideXlab platform.
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Transnational Forces and Their Impact on Territorial Sovereignty
International Studies Review, 2011Co-Authors: Anna YeatmanAbstract:Altered States: The Globalization of Accountability. By Valerie Sperling. New York: Cambridge University Press, 2009. 389 pp., $29.99 paperback (ISBN-13: 979-0-521-54181-7). This book investigates five kinds of transnational force and the effects they have on “people's lives through how they encourage or discourage more accountable governments” (p. 4). The conception of political accountability is liberal democratic. The method is an investigation of the existing empirically-oriented literature for how it bears on this question. The relevant theoretical literature is generally neglected. Yet in good hands this book would make a fine textbook. The five kinds of transnational force are: global neo-liberal institutions with particular reference to the World Bank, International Monetary Fund, World Trade Organization and NAFTA; transnational interventions on behalf of democracy as in Cambodia and Bosnia; transnational military forces with a focus on private military contractors and international peacekeepers on United Nations missions; transnational judicial institutions with particular reference to the European Court of Human Rights in its jurisdictional impact on Russia, a member of the Council of Europe which ratified the European Convention of Human Rights in 1998, thus giving it the status of Russian domestic law; and finally, transnational civil society organizations which embrace democratic and social justice causes. I briefly discuss these five topics. In the chapter on economic globalization, interpreted exclusively in terms of “the Washington consensus,” the argument turns on two propositions. The first concerns pressure on the World Bank, WTO and IMF to become more transparent and accountable. Allowing that the World Bank has been more responsive to such pressures than the other institutions, the author concludes that “[d]ecision-making processes at all three… institutions are still relatively closed-door affairs” (p. 80). The second suggests that the neo-liberal agenda of free trade has incited transnational grassroots activism to make free trade agreements more accountable to labor standards, workers’ rights, and trade unions, all of which are dependent on the Territorial jurisdictional Sovereignty …
