The field of law and religion studies has undergone a profound transformation over the last thirty years, looking beyond traditional relationships between State and religious communities to include rights of religious liberty and the role of religion in the public space.This handbook features new, specially commissioned papers by a range of eminent scholars that offer a comprehensive overview of the field of law and religion. The book takes on an interdisciplinary approach, drawing from anthropology, sociology, theology and political science in order to explore how laws and court decisions con
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Statehood and recognition -- The criteria for statehood: statehood as effectiveness -- International law conditions for the creation of states -- Issues of statehood before united nations organs -- The criteria for statehood applied: some special cases -- Original acquisition and problems of statehood -- Dependent states and other dependent entities -- Devolution -- Secession -- Divided states and reunification -- Unions and federations of states -- International dispositive powers -- Mandates and trust territories -- Non-self-governing territories: the law and practice of decolonization -- The commencement of states -- Problems of identity, continuity and reversion -- The extinction of states
"Citizenship in Africa provides a comprehensive exploration of nationality laws in Africa, placing them in their theoretical and historical context. It offers the first serious attempt to analyse the impact of nationality law on politics and society in different African states from a trans-continental comparative perspective. Taking a four-part approach, Parts I and II set the book within the framework of existing scholarship on citizenship, from both sociological and legal perspectives, and examine the history of nationality laws in Africa from the colonial period to the present day. Part III considers case studies which illustrate the application and misapplication of the law in practice, and the relationship of legal and political developments in each country. Finally, Part IV explores the impact of the law on politics, and its relevance for questions of identity and 'belonging' today, concluding with a set of issues for further research. Ambitious in scope and compelling in analysis, this is an important new work on citizenship in Africa."--Bloomsbury Publishing
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AbstractThe article discusses the development of the Russian international law doctrine from the Soviet to the Russian era. The analysis is conducted by way of examining two Russian international law textbooks, the one being from the Soviet era and the other from the post-Soviet era. At first sight, one is inclined to expect that a deep-going social change, such as the one Russia has experienced, would indeed be reflected in doctrines about international law. The Soviet doctrine of international law claimed to provide a Marxist account of law. However, the base-superstructure analysis and historical materialism are premises that are not easily reconcilable with international law. Therefore, the Soviet writers were prone to much abstract theorizing about the "essence"and "nature" of international law. Furthermore, the revolutionary argument combined with extreme positivism led to a methodological schizophrenia in the Soviet international law doctrine. Now, the Marxism-Leninism is abandoned and the socialist dogmas of "peaceful coexistence of states belonging to different socio-economic systems" as well as "the principles of socialist internationalism" have accordingly become obsolete. The aim of this article is to establish to what extent the social change is reflected in the present Russian international legal thought.
In: Research Handbook on Critical Legal Theory, edited by Emilios Christodoulidis, Ruth Dukes and Marco Goldoni, published in 2019, Edward Elgar Publishing Ltd.