Suchergebnisse

Preliminary Material -- Chapter 1. Introduction -- Chapter 2. The Concept of Effectiveness Ininternational Law -- Chapter 3. Statehood and Territorial Sovereignty: the Tradition of Concreteness and Realism -- Chapter 4. Defining the Boundaries of Legality: Unlawfulness of Territorial Situations -- Chapter 5. Consequences of Unlawfulness -- Chapter 6. Testing Legality and Legitimacy in Un Territorial Competence -- Chapter 7. Conclusions: Reconciling Effectiveness, Legality and Legitimacy -- Bibliography -- Index.

The recent referenda held in Catalonia and Kurdish Iraq have reignited the debate over referenda, self-determination and unilateral secession and over the role of international law as a legal framework capable of governing and channelling those dramatic changes towards desired ends. The debate has been ever present in the Post Cold War period, considering that the number of states has increased from just over 150 to 196, with many of the new states emerging from non-consensual processes of separation. The present article assesses the general international legal framework applicable to secession, including the scope and content of principles such as territorial integrity, self-determination and uti possidetis and tests whether and to what extent the two recent separatist claims in Catalonia and Kurdistan fit into that framework. The lessons drawn are that international law is increasingly relevant to the regulation of secession and yet the practice related to the referendum in Catalonia highlights international law's subsidiary regulatory function and the fact that, indeed, even in the twenty-first century, international law may, in some cases, remain neutral in secession attempts.

ABSTRACT
The present article investigates the legal nature of the Basel Committee on Banking Supervision and seeks to identify the legal effects of the acts produced by the committee under public international law. It reassesses the most influential contemporary theories that have endeavoured to describe and capture the increasing trend towards 'de-formalization' of international law, of which the Basel Committee, with its peculiar composition and standard-setting activities, is generally considered as one of the most significant examples. The articles comes to the conclusion that the Basel Committee's normative outputs cannot be qualified as legal acts or legal facts under international law as they are best described as the results of flexible and informal standard-setting activities developed by domestic regulators at the international level, with a view to inducing compliance by national legislators and stakeholders. The lack of a formal 'pedigree' under international law has not undermined their effectiveness; on the contrary, it can be considered a peculiar feature of a successful model of transnational cooperation where soft law standards have been translated into domestic legislation.

Deals with the question of unlawful territorial situations, like territorial regimes that are established and maintained in defiance of international law. This book is useful for students of international law, practitioners, and those interested in deepening the understanding of the role of international law to territorial occupation

Abstract
Half of a Yellow Sun is a novel written by the Nigerian writer Chimamanda Ngozi Adichie. The title of the book takes its reference from the flag of the former, short-lived, Republic of Biafra, which consisted of a horizontal tricolour of red, black, and green, with a golden rising sun over a golden bar. The author unfolds to the reader the impact and the ugliness of the Biafran war of independence as it meanders through the lives of the interdependent main characters: Ugwu, Olanna, Kainene, Odenigbo and Richard. The events that climaxed into the civil war gradually tore apart the day-to-day routine serenity of the main characters, requiring continuous adjustment in the lives of each character to the reality of war. The harrowing experience of the war drastically changed their lives. The present contribution draws inspiration from thes novel to engage with the construction and definition of social, political and legal boundaries in post-colonial Nigeria, focussing in particular on the relevance and impact of international law norms and principles in the events that unfolded between 1967 and 1970.

Preliminary Material /Matteo Nicolini , Francesco Palermo and Enrico Milano -- Territory and Conflicts: Is International Law the Problem? /Beatrice I. Bonafè -- Territory and the Law of Ownership: From Misunderstanding to Opportunity /Francesco Palermo -- Beyond Majoritarian Autonomy? Legislative and Executive Power-Sharing in European Regions /Karl Kössler -- Studying Territorial Autonomy as a Multiplicity of Ways to Institutionalise Ethnicity /Alexander Osipov -- In Search of a Fair Balance between the Inviolability of Borders, Self-determination and Secession in International Law /Antonello Tancredi -- Territorial Entitlement and Exit Scenarios /Jure Vidmar -- Internationalised Territorial Regimes as Solution to Conflicts? /Maria Chiara Vitucci -- Transferring Crimea from Russia to Ukraine: Historical and Legal Analysis of Soviet Legislation /Oleksandr Yarmysh and Alina Cherviatsova -- Constitutions and Territorial Claims: Lessons from the Former Soviet Space /Caterina Filippini -- Territorial (Se)Cession in Light of Recent Events in Crimea /Veronika Bílková -- Multiple Identities in a Unitary State: Tracing the Origins of the Ukrainian Crisis Back /Simone Stefan -- Shrinking Autonomy for Tatarstan and Gagauzia: The Perils of Flexible Institutional Design /Federica Prina -- The Intractable Case of Northern Kosovo in the Light of the 2013 Brussels Agreement /Enrico Milano -- Territorial and Ethnic Divide: A New Legal Geography for Cyprus /Matteo Nicolini -- International Economic Law and Conflict Resolution: The West Bank between Dominium, Land Ownership and Land Grabbing /Federica Cristani -- Dutch-German Boundary Relations in the Eems-Dollard (Ems-Dollart) Estuary: An Implicit Condominium? /Harry H.G. Post -- Conclusion: Laws and Conflicts over Territories /Giuseppe Nesi -- Index /Matteo Nicolini , Francesco Palermo and Enrico Milano.