Disputes and settlements: law and human relations in the West
In: Past and present publications
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In: Past and present publications
In: Journal of migration history, Band 6, Heft 1, S. 82-103
ISSN: 2351-9924
There is a strong tendency in Turkish historiography to approach Kemalist policies as purely domestic affairs that emanate from the centre in a top-down manner, reflecting the clear ideological positions of Ankara. The existing scholarship on the Settlement Law (1934), too, has read the development of Kemalist demographic policies in ideological terms, framing them in top-down modernist trajectories that were long in the making since the late Ottoman times. These perspectives often remained analytically singular and nation-centred, failing to engage with the broader transnational developments that were in fact crucial to the making and timing of a range of Kemalist policies. As such, the processes of demographic engineering are framed as devoid of historical conjuncture and immune from unintended consequences or the constraints presented by state capacity. In this article, I seek to overcome such limitations by situating the Settlement Law within its due transnational context of heightened interstate rivalries since the 1930s. Unfolding in myriad ways across the borderlands of Eastern Europe, the complex dynamics of interstate competition created the necessary push and pull factors that started dislodging the Balkan Muslims from those areas coveted by various territorially revisionist states in the region. The demographic engineering their arrival triggered in Turkey, I argue, was therefore as much national as international.
In: Law
In: International relations
"The adoption of United Nations Convention on the Law of the Sea (UNCLOS) in 1982 has led to a period of relative stability in the law of the sea. The Convention offers a legal framework for the sustainable development of the oceans and its natural resources. However, especially in recent times there have been calls to amend the Convention due to some ambiguous provisions which are unable to address many contemporary maritime issues. This book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book examines how the emphasis on sovereignty, contention on energy, significance of the geographic location, threat to maritime security, overlapping maritime claims caused by the new established maritime regimes authorized by UNCLOS are all sources of the SCS dispute. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction. Nong Hong suggests practical mechanisms to solve the dispute and offers conclusions on the effectiveness of UNCLOS for settling disputes"--
The United Nations Convention on the Law of the Sea (UNCLOS) offers a legal framework for the sustainable development of the oceans and their natural resources. However, recently there have been calls to amend the Convention due to some ambiguous provisions which are unable to address a variety of contemporary maritime issues. This book evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. The book's central focus is on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The
SSRN
Working paper
The present article discusses and analyses the role and contribution of International Maritime Dispute Settlement Bodies in sustainable fishery governance. From a maritime dispute settlement perspective, the discussion on preserving marine biodiversity, including fisheries and ecosystems, is unprecedented. However, dispute settlement impacts on marine biodiversity require serious attention from the viewpoint of effective implementation of the United Nations Fish Stocks Agreement, International Environmental Law, and United Nations Convention on Law of the Sea. 'Applicable law' as primary contention, which could be utilised to preserve marine biodiversity, is preferably employed for 'ship release' and 'delimitation' issues under dispute settlement mechanisms. Perhaps, the political and legal obstacles in interpreting the 'law of the sea' are one area of critique, and the optional dispute settlement mechanism is another. All these significant issues are discussed to develop a rational approach utilising 'applicable law' to preserve marine biodiversity and develop sustainable fishery governance. The result will certainly help build a better understanding of the 'applicable law' jurisdiction that may be utilised to ensure the sustainability of marine biodiversity.
BASE
In: American anthropologist: AA, Band 87, Heft 2, S. 468-469
ISSN: 1548-1433
In: Journal of Palestine studies: a quarterly on Palestinian affairs and the Arab-Israeli conflict, Band 1, S. 53-67
ISSN: 0377-919X, 0047-2654
In: Nordic journal of international law, Band 83, Heft 4, S. 526-530
ISSN: 1571-8107
Intro -- Black_Logo -- Black_Caption -- StartMacroHere -- Type_Here -- b_1 -- EXECUTIVE SUMMARY -- INTRODUCTION -- A BRIEF PRIMER ON MSPB SETTLEMENT LAW -- "CLEANING" THE RECORD -- Cleaning the Official Personnel File -- Broad OPF Cleaning Obligation -- Narrowing the OPF Cleaning Obligation -- Cleaning Beyond the Official Personnel File -- Broad Cleaning Obligation Beyond the OPF -- Narrowing the Cleaning Obligation Beyond the OPF -- DISCLOSING THE RECORD -- What is Communicated -- Broad Obligation for Limited Communication -- Narrowing the Obligation to Limit Communications -- Who Does the Communicating -- Broad Agency Actors -- Narrowing Agency Actors -- WAIVING CONFIDENTIALITY -- EXTERNAL RESTRICTIONS ON THE EFFECT OF A CRA -- Public Policy Limitations -- Effects of CRA Provisions on Actions of Third Parties -- Retirement Benefits and CRAs -- OPM as Administrator of Retirement Benefits -- Obligations Regarding Retirement Applications -- Office of the Inspector General -- Responses on OPM Forms about an Individual's Background -- CONCLUSION -- APPENDIX A: METHODOLOGY DETAILS -- APPENDIX B: AGENCY REPRESENTATIVE SURVEY -- APPENDIX C: LEGAL TERMINOLOGY -- APPENDIX D: ADDITIONAL INFORMATION ABOUT OFFICIAL PERSONNEL FILES.
In: Judicial settlement of international disputes no. 18
In: Texas International Law Journal, Band 57, Heft 2
SSRN
In: Political and legal anthropology review: PoLAR, Band 16, Heft 1, S. 45-46
ISSN: 1555-2934