Suchergebnisse

"This book proposes a re-interpretation of Article 2(4) of the Charter of the United Nations to read, or at least include, respect for the inviolability of State Territory. While States purport to obey the prohibition of the Use of Force, they frequently engage in activities that could undermine international peace and security. In this book the author argues that State practice, opinio juris, as well as contentious and advisory opinions of the International Court of Justice, have promoted the first limb of Article 2(4). Although, wars between States have reduced, the maintenance of international peace and security remains a mirage, as shown by the increase in intra-State and inter-State conflicts across the world. The author seeks to initiate a rethinking of the provision of Article 2(4), which the International Court of Justice has described as the cornerstone of the United Nations. The author argues that the time is ripe for States to embrace an evolutive interpretation of Article 2(4) to mean respect, as opposed to the traditional view of threatening or using of force. He also evaluates the discourse regarding territorial jurisdiction in cyberspace and argues that the efforts made by the international community to apply Article 2(4) to cyberspace suggests that Article 2(4) is a flexible and living instrument that should be adjusted to address the circumstances that endanger international peace and security. This book will engineer a serious debate regarding the scope of Article 2(4), which before now has always been limited to the threat or use of force. As a result, it will be of interest to academics and students of public international law, as well as diplomats and policymakers"--

Shortly after termination of the now historic Nuremberg trial of Nazi Germany's arch war criminals, formal proceedings were instituted against several other classes of major offenders against the laws of war in Western Europe. This second phase of the program included war crimes committed in S.S. laboratories, in the name of medical experimentation, and the socalled "economic" war crimes. Simultaneously with these proceedings preparations were made for still a third class of offenders to be brought to international justice, and it is this group which has recently been indicted. Here the charges are predicated upon illegal activity of enemy nationals engaged in administering justice in territories under military occupation, frequently involving the execution of inhabitants after a summary hearing, or after no trial at all. For the international lawyer this third category of war crimes contains many stimulating and significant elements. It raises highly challenging questions as to the extent to which criminal responsibility may be held to exist in cases where enemy nationals performing functions of a judicial or a quasi-judicial character have participated in the pronouncement and execution of sentences, including the death penalty, against nationals of the occupied areas.

Why is today's world map filled with uniform states separated by linear boundaries? The answer to this question is central to our understanding of international politics, but the question is at the same time much more complex - and more revealing - than we might first think. This book examines the important but overlooked role played by cartography itself in the development of modern states. Drawing upon evidence from the history of cartography, peace treaties and political practices, the book reveals that early modern mapping dramatically altered key ideas and practices among both rulers and subjects, leading to the implementation of linear boundaries between states and centralized territorial rule within them. In his analysis of early modern innovations in the creation, distribution and use of maps, Branch explains how the relationship between mapping and the development of modern territories shapes our understanding of international politics today

The Northern Territories, Takeshima, and the Senkaku Islands-what exactly is the territorial extent of Japan? To answer this fundamental question, the author, an authority on international law, retraces and analyzes the history of negotiations over these territories, while also setting forth his vision of the future of issues concerning territorial land, air, and sea.北方四島、竹島、そして尖閣諸島・・・・・・。戦後、領土をめぐる国家間の主張の対立は、解決されることなくつづき、時にそれが大きな問題を引き起こしている。はたして、どこまでが「日本国」なのか。根源的な問いに、国際法の権威が領土問題の交渉史を分析し、領土、領空、領海問題の未来を展望する。.

Recent research has focused on the efforts of national leaders to legitimize & strengthen national identity through the construction of uncomplicated, linear national histories. Paralleling, & in some respects advancing, these efforts are initiatives aimed at staking national claims to particular territories. These claims are the product of "regimes of territorial legitimation" that reflect the norms of the modern state system. They are fundamentally influenced by two geographic circumstances: the political-territorial status of states at the time of entry into the modern state system & prevailing ideas about the cultural-historical character of state territory. A comparative framework focused on the intersection of these two circumstances provides insights into some basic features of national senses of territory as articulated by those in power within existing states. 2 Tables. Adapted from the source document.

Abstract.  The meaning and significance of borders in nation‐statehood and European integration are integrally linked in a process of change. Uncovering such connections in a case study notable for its recent transformation, this article explores the way in which the narratives and models of European integration have been used in the discourse of Irish official nationalism. Its central thesis is that participation in the space of European Union has facilitated the conceptualization of a common Irish space in which borders (specifically the Irish border) are not conceived as barriers to be overcome, but rather as bridges to the fulfilment of interests. Thus, the Irish governmental elite have used the language of European integration to reconfigure traditional ideals of latent anti‐partitionism for a context of peaceful settlement.