Suchergebnisse

"What happens under international law if a state perishes due to rising sea levels without a successor state being created? Will the state cease to exist? What would this mean for its population? Have international law and globalization progressed enough to protect the people thus affected, or does international law still depend on the territorial state when it comes to protecting entire populations? Exploring these issues, this book provides answers to these pressing questions. Focusing on small island states as actors in the international community, it evaluates the challenges that the state as a subject of international law faces in general from globalization and humanization, and what this means for small island states threatened by rising seas. Highlighting the experience of the indigenous peoples of small island states as collectives, and to the individuals living in these states, the book addresses fundamental questions of general state theory and international law, drawing on an extensive body of source material. As rising sea levels present an increasingly pressing threat to small island states, this book highlights the importance of international protection of the individual and the capacity of international organizations to act within existing international law. It identifies pressing problems where immediate action is required and argues that, in future, the responsibility for protecting individuals could shift to the international community, if a sinking island state can no longer protect its population on its own"--

"What happens under international law if a state perishes due to rising sea levels without a successor state being created? Will the state cease to exist? What would this mean for its population? Have international law and globalization progressed enough to protect the people thus affected, or does international law still depend on the territorial state when it comes to protecting entire populations? Exploring these issues, this book provides answers to these pressing questions. Focusing on small island states as actors in the international community, it evaluates the challenges that the state as a subject of international law faces in general from globalization and humanization, and what this means for small island states threatened by rising seas. Highlighting the experience of the indigenous peoples of small island states as collectives, and to the individuals living in these states, the book addresses fundamental questions of general state theory and international law, drawing on an extensive body of source material. As rising sea levels present an increasingly pressing threat to small island states, this book highlights the importance of international protection of the individual and the capacity of international organizations to act within existing international law. It identifies pressing problems where immediate action is required and argues that, in future, the responsibility for protecting individuals could shift to the international community, if a sinking island state can no longer protect its population on its own"--

Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Dedication -- Table of Contents -- Acknowledgments -- Chapter 1 Introduction -- A brief overview of the science behind climate change-induced rising sea levels -- Small island States, the rising seas, and the international community -- The rising seas and international law - open questions and how to find answers -- Notes -- Chapter 2 What does an entity need to qualify as a State? - or what it takes to be a State -- Notes -- Chapter 3 When does a State cease to exist? - or what it takes not to be a State anymore -- Loss of territory -- Criterion of "a defined territory" endangered by the rising seas? -- Statehood endangered by the loss of "a defined territory"? -- Examples of rights and duties associated with sovereignty -- Examples of "statehood" without territory -- States' considerations with regard to potential loss of territory -- Conclusion -- Loss of populatio -- Concluding thoughts on what it takes not to be a State anymore -- Notes -- Chapter 4 What it means to be a State - the emergence of the modern State and its significance today -- Rights of a modern State -- Challenges for the contemporary concept of a Stat -- Humanization - the increasing importance of the individual -- Globalization - the decreasing importance of territory? -- Concluding thoughts on what it means to be a State -- Notes -- Chapter 5 What it means not to be a State anymore - the consequences of the loss of statehood for the State's population and the international community -- Loss of statehood and its effects on the respective populations - individual and collective dimension -- Nationality and why having a State is (still) important for the protection of human rights -- Emerging infringements on the human rights of (indigenous) peoples from small island States due to rising sea levels.

"What happens under international law if a state perishes due to rising sea levels without a successor state being created? Will the state cease to exist? What would this mean for its population? Have international law and globalization progressed enough to protect the people thus affected, or does international law still depend on the territorial state when it comes to protecting entire populations? Exploring these issues, this book provides answers to these pressing questions. Focusing on small island states as actors in the international community, it evaluates the challenges that the state as a subject of international law faces in general from globalization and humanization, and what this means for small island states threatened by rising seas. Highlighting the experience of the indigenous peoples of small island states as collectives, and to the individuals living in these states, the book addresses fundamental questions of general state theory and international law, drawing on an extensive body of source material. As rising sea levels present an increasingly pressing threat to small island states, this book highlights the importance of international protection of the individual and the capacity of international organizations to act within existing international law. It identifies pressing problems where immediate action is required and argues that, in future, the responsibility for protecting individuals could shift to the international community, if a sinking island state can no longer protect its population on its own"--

Inhaltsübersicht I. Der Schutz geistigen Eigentums und seine gestiegene Bedeutung im Informationszeitalter II. Die Kehrseite der Medaille – der Schutz geistigen Eigentums im Konflikt mit anderen Menschenrechten III. Die einander entgegenstehenden Menschenrechte und menschenrechtlichen Pflichten IV. Schlussbemerkung