Studies in territorial and cultural diversity governance ; 6. Human Rights and Humanitarian Law E-Books Online, Collection 2016, ISBN ; 9789004303898.
Prompted by the de facto secession of Crimea in early 2014, Law, Territory and Conflict Resolution explores the role of law in territorial disputes, and therefore sheds light on the legal 'realities' in territorial conflicts. Seventeen scholars with backgrounds in comparative constitutional law and international law critically reflect on the well-established assumption that law is 'part of the solution' in territorial conflicts and ask whether the law cannot equally be 'part of the problem'. The volume examines theory, practice, legislation and jurisprudence from various case studies, thus offering further insights on the following complex issue: can law act as an effective instrument for the governance of territorial disputes and conflicts?
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Preliminary Material / Matteo Nicolini , Francesco Palermo and Enrico Milano Territory and Conflicts: Is International Law the Problem? / Beatrice I. Bonafè Territory and the Law of Ownership: From Misunderstanding to Opportunity / Francesco Palermo Beyond Majoritarian Autonomy? Legislative and Executive Power-Sharing in European Regions / Karl Kössler Studying Territorial Autonomy as a Multiplicity of Ways to Institutionalise Ethnicity / Alexander Osipov In Search of a Fair Balance between the Inviolability of Borders, Self-determination and Secession in International Law / Antonello Tancredi Territorial Entitlement and Exit Scenarios / Jure Vidmar Internationalised Territorial Regimes as Solution to Conflicts? / Maria Chiara Vitucci Transferring Crimea from Russia to Ukraine: Historical and Legal Analysis of Soviet Legislation / Oleksandr Yarmysh and Alina Cherviatsova Constitutions and Territorial Claims: Lessons from the Former Soviet Space / Caterina Filippini Territorial (Se)Cession in Light of Recent Events in Crimea / Veronika Bílková Multiple Identities in a Unitary State: Tracing the Origins of the Ukrainian Crisis Back / Simone Stefan Shrinking Autonomy for Tatarstan and Gagauzia: The Perils of Flexible Institutional Design / Federica Prina The Intractable Case of Northern Kosovo in the Light of the 2013 Brussels Agreement / Enrico Milano Territorial and Ethnic Divide: A New Legal Geography for Cyprus / Matteo Nicolini International Economic Law and Conflict Resolution: The West Bank between Dominium, Land Ownership and Land Grabbing / Federica Cristani Dutch-German Boundary Relations in the Eems-Dollard (Ems-Dollart) Estuary: An Implicit Condominium? / Harry H.G. Post Conclusion: Laws and Conflicts over Territories / Giuseppe Nesi Index / Matteo Nicolini , Francesco Palermo and Enrico Milano.
Available to subscribing member institutions only.
Digital File Characteristics
Source of Description
Description based on print version record and CIP data provided by publisher; resource not viewed.
Available in Other Form
Print version: Law, territory and conflict resolution Boston : Brill Nijhoff, 2016