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Boundaries and Secession in Africa and International Law
This book challenges the central assumption of the law of territory by establishing that uti possidetis is not a general principle of law, and arguing that African customary rules were generated. It includes in-depth coverage of African secession, with issues of human rights law, self-determination and political science presented in a new light.
Law, Politics and Rights
Law, Politics and Rights: Essays in Memory of Kader Asmal presents critical perspectives on various inter-related themes in the areas of human rights, constitutionalism, democracy, international law, political and cultural rights and identity. The discussions reflect the wide-ranging interests and subjects that Kader Asmal engaged with as a legal scholar, human rights campaigner and politician of international renown throughout his life. Kader Asmal is perhaps best known for his political career as one of the most senior members of the African National Congress and a government minister in post-apartheid South Africa. Less well known to the general public is his equally immense contribution ...
Internal Self-Determination in International Law
A clear and accessible study of the principle of internal self-determination in international law.
Unconventional Lawmaking in the Law of the Sea
Unconventional Lawmaking in the Law of the Sea explores the ways that actors operating at the international level develop standards of behaviour to regulate varied maritime activities beyond traditional lawmaking. This 'soft law' is now prolific in ocean governance, so it is vital to consider its significance for the law of the sea.
The Duty to Safeguard the Object and Purpose of Pending Treaties
Article 18 of the Vienna Convention on the Law of Treaties (VCLT) plays an indispensable role in promoting stable relations amongst States by obliging them to refrain from acts which would defeat the object and purpose of pending treaties. However, for more than 50 years since its adoption, Article 18 has lingered in a state of legal uncertainty. This book offers a complete guide to the precise scope and content of Article 18 VCLT by analysing its particular elements. Of relevance to scholars, practitioners, and postgraduate students of international law, it applies Article 18 VCLT to contemporary events in international law. It showcases the vitality and direct relevance of the provision in today’s international legal order, while offering concrete arguments for its effective application.
The Institutional Veil in Public International Law
This book deals with the nature of international organisations and the tension between their legal nature and the system of classic, state-based international law. This tension is important in theory and practice, particularly when organisations are brought under the rule of international law and have to be conceptualised as legal subjects, for example in the context of accountability. The position of organisations is complicated by what the author terms 'the institutional veil', comparable to the corporate veil found in corporate law. The book focuses on the law of treaties, as this pre-eminently 'horizontal' branch of international law brings out the problem particularly clearly. The first...
Immigrants and Nationalists
In this empirical and theoretical study of nationalism, ethnicity, and immigration, the author compares the reception of large numbers of immigrants in Catalonia, the Basque country, Latvia, and Estonia--developed regions that possess distinct cultures and nationalist movements.
The Institutional Veil in Public International Law
This book deals with international organisations and the tension between their legal nature and the system of state-based international law.
