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Book
Democratic statehood in international law : the emergence of New States in post-cold war practice
Author:
ISBN: 9781849464697 1849464693 Year: 2013 Volume: 46 Publisher: Oxford: Hart,


Book
European populism and human rights
Author:
ISBN: 9004416013 9004416005 Year: 2020 Publisher: Leiden, The Netherlands ; Boston : Brill Nijhoff,

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"A definition of Europe can be geographic, historic, political and/ or legal. This book understands Europe as Member States of the Council of Europe and thus states party to the European Convention of Human Rights (echr, the Convention). Unlike the European Union (EU), the Council of Europe was explicitly created with the aim of human rights protection.1 At present, it has forty- seven Member States which are ipso facto party to the echr".


Book
Democratic statehood in international law : the emergence of new states in post-Cold War practice
Author:
ISBN: 1472566483 1782250905 9781782250906 9781782250913 1782250913 9781472566485 9781849464697 1849464693 Year: 2013 Publisher: Oxford, United States ; Portland, Oregon : Hart Publishing,

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"This book analyses the emerging practice in the post-Cold War era of the creation of a democratic political system along with the creation of new states. The existing literature either tends to conflate self-determination and democracy or dismisses the legal relevance of the emerging practice on the basis that democracy is not a statehood criterion. Such arguments are simplistic. The statehood criteria in contemporary international law are largely irrelevant and do not automatically or self-evidently determine whether or not an entity has emerged as a new state. The question to be asked, therefore, is not whether democracy has become a statehood criterion. The emergence of new states is rather a law-governed political process in which certain requirements regarding the type of a government may be imposed internationally. And in this process the introduction of a democratic political system is equally as relevant or irrelevant as the statehood criteria. The book demonstrates that via the right of self-determination the law of statehood requires state creation to be a democratic process, but that this requirement should not be interpreted too broadly. The democratic process in this context governs independence referenda and does not interfere with the choice of a political system."--Bloomsbury Publishing.


Book
Territorial status in international law
Author:
ISBN: 9781509959488 9781509959525 Year: 2024 Publisher: Oxford : Hart Publishing,

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"This book develops a new theory of territorialism and international legal status of territories. It (i) defines the concept of territory, explaining how territories are created; (ii) redefines the concept of statehood, illustrating that statehood (rather than the statehood criteria) is territorial legal status established in the formal sources of international law; and (iii) grounds non-state territorial entities in the sources of international law to explain their international legal status. This fresh new theoretical perspective has both scholarly and practical importance, providing a tool helping decision-makers and judges in the practical application of international law both internationally and domestically"--


Book
Territorial Status in International Law.
Author:
ISBN: 1509959491 1509959483 Year: 2024 Publisher: London : Bloomsbury Publishing Plc,

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Book
European populism and human rights
Author:
ISBN: 9789004416017 9789004416000 Year: 2020 Publisher: Leiden Boston Brill | Nijhoff

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Book
Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 30 (2017)
Author:
ISBN: 9789004421950 9789004421943 Year: 2019 Publisher: Leiden;Boston Brill | Nijhoff

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Book
Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 33 (2020)
Author:
ISBN: 9789004518216 9789004518209 Year: 2023 Publisher: Leiden ;Boston Brill | Nijhoff

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Book
Hierarchy in international law : the place of human rights
Authors: ---
ISBN: 9780199647071 0199647070 Year: 2012 Publisher: Oxford: Oxford university press,

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Book
Hierarchy in international law : the place of human rights
Authors: ---
ISBN: 0191738999 1283576295 9786613888747 0191627771 0191627763 9780191738999 Year: 2012 Publisher: Oxford : Oxford University Press,

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Abstract

This book takes an inductive approach to the question of whether there is a hierarchy in international law, with human rights obligations trumping other duties. It assesses the extent to which such a hierarchy can be said to exist through an analysis of the case law of national courts. Each chapter of the book examines domestic case law on an issue where human rights obligations conflict with another international law requirement, to see whether national courts gave precedence tohuman rights. If this is shown to be the case, it would lend support to the argument that the international legal or

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