[PDF] Borders Legal Spaces And Territories In Contemporary International Law eBook

Author : Tommaso Natoli
Publisher : Springer Nature
Page : 266 pages
File Size : 30,97 MB
Release : 2019-09-12
Category : Law
ISBN : 3030209296

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This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.

Author : Alexander C. Diener
Publisher : Oxford University Press
Page : 152 pages
File Size : 39,48 MB
Release : 2012-08-06
Category : History
ISBN : 0199912653

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Compelling and accessible, this Very Short Introduction challenges the perception of borders as passive lines on a map, revealing them instead to be integral forces in the economic, social, political, and environmental processes that shape our lives. Highlighting the historical development and continued relevance of borders, Alexander Diener and Joshua Hagen offer a powerful counterpoint to the idea of an imminent borderless world, underscoring the impact borders have on a range of issues, such as economic development, inter- and intra-state conflict, global terrorism, migration, nationalism, international law, environmental sustainability, and natural resource management. Diener and Hagen demonstrate how and why borders have been, are currently, and will undoubtedly remain hot topics across the social sciences and in the global headlines for years to come. This compact volume will appeal to a broad, interdisciplinary audience of scholars and students, including geographers, political scientists, anthropologists, sociologists, historians, international relations and law experts, as well as lay readers interested in understanding current events.

Author : Alison G. Kesby
Publisher :
Page : pages
File Size : 23,62 MB
Release : 2010
Category :
ISBN :

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The question of how the border is conceived in international law, and how it shapes identity and peoples lives, remains largely unexplored in the international legal literature. This article seeks to contribute to our understanding of the meaning of the border in international law, and in the contemporary context, by drawing on the work of the philosopher and political theorist, Eacute;tienne Balibar, and by reflecting, in the light of his work, on the recent decision of the House of Lords in R v Immigration Officer at Prague Airport. It is shown that international law's focus on the territorial border may render invisible other borders which are significant for subaltern groups, and thereby fail to address the manner in which borders affect lives and determine outcomes. Borders are not stable and univocal , but instead, multiple , shifting in meaning and function from group to group. They are also being exported such that a person may experience a foreign border while still within the territory of their own country. In highlighting the multiplicity of borders, the article seeks to prompt further reflection on the articulation and application of norms of international law in a way that addresses the realities of the contemporary context.

Author : Tugba Basaran
Publisher : Routledge
Page : 330 pages
File Size : 24,7 MB
Release : 2010-09-21
Category : History
ISBN : 1136902120

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This book focuses on security practices, civil liberties and the politics of borders in liberal democracies. In the aftermath of 9/11, security practices and the denial of human rights and civil liberties are often portrayed as an exception to liberal rule, and seen as institutionally, legally and spatially distinct from the liberal state. Drawing upon detailed empirical studies from migration controls, such as the French waiting zone, Australian off-shore processing and US maritime interceptions, this study demonstrates that the limitation of liberties is not an anomaly of liberal rule, but embedded within the legal order of liberal democracies. The most ordinary, yet powerful way, of limiting liberties is the creation of legal identities, legal borders and legal spaces. It is the possibility of limiting liberties through liberal and democratic procedures that poses the key challenge to the protection of liberties. The book develops three inter-related arguments. First, it questions the discourse of exception that portrays liberal and illiberal rule as distinct ways of governing and scrutinizes liberal techniques for limiting liberties. Second, it highlights the space of government and argues for a change in perspective from territorial to legal borders, especially legal borders of policing and legal borders of rights. Third, it emphasizes the role of ordinary law for illiberal practices and argues that the legal order itself privileges policing powers and prevents access to liberties. This book will be of interest to students of critical security studies, social and political theory, political geography and legal studies, and IR in general.

Author : Gail Lythgoe
Publisher : Cambridge University Press
Page : 311 pages
File Size : 33,90 MB
Release : 2024-03-14
Category : Law
ISBN : 1009377906

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Gail Lythgoe challenges readers to reconsider the territoriality of the contemporary global order. This study sits at the intersection between international law, geography, and global governance, examining the spatial assumptions of legal practice and power and offering a new legal account of territory and geography for the global order.

Author : Abdelhamid El Ouali
Publisher : Springer Science & Business Media
Page : 407 pages
File Size : 28,93 MB
Release : 2012-03-26
Category : Law
ISBN : 3642228690

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This book offers a comprehensive, highly informative and interdisciplinary study on territorial integrity and the challenges globalization, self-determination and external interventions present. This study aims at not only to fill an epistemological gap in this regard, but also answer the question of whether International Law is adequately equipped to help states address these challenges. The author argues that the biggest threat that many states are confronted with today is their disintegration rather than their obsolescence, and that International Law has not often been able to prevent that eventuality. In fact, states, when they were not destroyed by war, managed to survive, thanks to the flexibility of territoriality, i.e. their ability to adjust to difficult situations as they arose. It is this understanding of adaptation that urges an increasing number of states today to revive territorial autonomy and restore an original understanding of self-determination in which democracy is a pivotal factor in establishing congruence between the states and their nations. While this move is endorsed by International Law, it is not the case for globalization; for their own sake, proponents of globalization should recognize that the states are irreplaceable as long as they remain the sole providers of protection for their peoples.

Author : Surya P. Sharma
Publisher : BRILL
Page : 374 pages
File Size : 26,47 MB
Release : 2024-01-15
Category : Law
ISBN : 900463519X

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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. This approach has many advantages and adds to the development of the law of territorial acquisition. The author also provides an analysis of the claims and counter-claims in major contemporary territorial disputes and suggests appropriate legal perspectives bearing upon decision-making in regard to them. This book will be highly useful to students, academics and practitioners in the field of international law, as well as all governments and institutions dealing with territorial matters.

Author : Paul Schiff Berman
Publisher : Cambridge University Press
Page : 357 pages
File Size : 17,38 MB
Release : 2012-02-27
Category : Law
ISBN : 1107376912

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We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

Author : Dan Jerker B. Svantesson
Publisher : Kluwer Law International B.V.
Page : 760 pages
File Size : 46,51 MB
Release : 2021-08-05
Category : Law
ISBN : 9403511133

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In this, the fourth edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what has emerged as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the five fundamental questions: When should a lawsuit be entertained by the courts? Which state’s law should be applied? When should a court that can entertain a lawsuit decline to do so? How wide ‘scope of jurisdiction’ should be afforded to a court with jurisdiction over a dispute? And will a judgment rendered in one country be recognized and enforced in another? Professor Svantesson identifies and investigates twelve characteristics of Internet communication that are relevant to these questions and then proceeds with a detailed discussion of what is required of modern private international law rules. Focus is placed on several issues that have far-reaching practical consequences in the Internet context, including the following: cross-border defamation; cross-border business contracts; cross-border consumer contracts; and cross-border intellectual property issues. A wide survey of private international law solutions encompasses insightful and timely analyses of relevant laws adopted in a variety of jurisdictions, including Australia, England, Hong Kong SAR, the United States, Germany, Sweden, and China, as well as in a range of international instruments. There is also a chapter on advances in geo-identification technologies and their special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts, as well as a set of practical checklists to guide legal practitioners faced with cross-border matters within the discussed fields. Professor Svantesson’s book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this complex and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable private international law rules for communication via the Internet.

Author : Brian Kahin
Publisher : Mit Press
Page : 374 pages
File Size : 15,55 MB
Release : 1997
Category : Computers
ISBN : 9780262611268

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Today millions of technologically empowered individuals are able to participate freely in international transactions and enterprises, social and economic. These activities are governed by national and local laws designed for simpler times and now challenged by a new technological and market environment as well as by the practicalities and politics of enforcement across national boundaries. Borders in Cyberspace investigates issues arising from national differences in law, public policy, and social and cultural values as these differences are reformulated in the emerging global information infrastructure. The contributions include detailed analyses of some of the most visible issues, including intellectual property, security, privacy, and censorship.