| Description |
1 online resource (xx, 371 pages) |
| Series |
Studies in territorial and cultural diversity governance ; volume 6 |
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Studies in territorial and cultural diversity governance ; v. 6.
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| Contents |
Law, Territory and Conflict Resolution: Law as a Problem and Law as a Solution; Copyright; Contents; List of Acronyms; Notes on Contributors; Introduction; Part 1: Territory and Legal Studies: Reframing the Role of Law in Territorial Conflicts; 1: Territory and Conflicts: Is International Law the Problem?; 2: Territory and the Law of Ownership: From Misunderstanding to Opportunity; 3: Beyond Majoritarian Autonomy? Legislative and Executive Power-Sharing in European Regions; 4: Studying Territorial Autonomy as a Multiplicity of Ways to Institutionalise Ethnicity |
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5: In Search of a Fair Balance between the Inviolability of Borders, Self-determination and Secession in International Law6: Territorial Entitlement and Exit Scenarios; 7: Internationalised Territorial Regimes as Solution to Conflicts?; Part 2: Law and the Dynamics of Territorial Conflicts: Problems and Solutions in Selected Case Studies; 8: Transferring Crimea from Russia to Ukraine: Historical and Legal Analysis of Soviet Legislation; 9: Constitutions and Territorial Claims: Lessons from the Former Soviet Space; 10: Territorial (Se)Cession in Light of Recent Events in Crimea |
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11: Multiple Identities in a Unitary State: Tracing the Origins of the Ukrainian Crisis Back12: Shrinking Autonomy for Tatarstan and Gagauzia: The Perils of Flexible Institutional Design; 13: The Intractable Case of Northern Kosovo in the Light of the 2013 Brussels Agreement; 14: Territorial and Ethnic Divide: A New Legal Geography for Cyprus; 15: International Economic Law and Conflict Resolution: The West Bank between Dominium, Land Ownership and Land Grabbing; 16: Dutch-German Boundary Relations in the Eems-Dollard (Ems-Dollart) Estuary: An Implicit Condominium? |
| Summary |
Prompted by the de facto secession of Crimea in early 2014, Law, Territory and Conflict Resolution explores the role of law in territorial disputes, and therefore sheds light on the legal 'realities' in territorial conflicts. Seventeen scholars with backgrounds in comparative constitutional law and international law critically reflect on the well-established assumption that law is 'part of the solution' in territorial conflicts and ask whether the law cannot equally be 'part of the problem'. The volume examines theory, practice, legislation and jurisprudence from various case studies, thus offering further insights on the following complex issue: can law act as an effective instrument for the governance of territorial disputes and conflicts? |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Online resource; title from digital title page (viewed on June 07, 2016) |
| Subject |
Arbitration (International law)
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Boundary disputes.
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Pacific settlement of international disputes.
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Dispute resolution (Law)
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LAW -- International.
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Arbitration (International law)
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Boundary disputes
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Dispute resolution (Law)
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Pacific settlement of international disputes
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Territory.
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Borders.
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Secession.
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Territorial integrity of States.
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Self-determination.
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| Form |
Electronic book
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| Author |
Nicolini, Matteo, editor
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Palermo, Francesco, editor
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Milano, Enrico, editor
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| LC no. |
2016009201 |
| ISBN |
9004311297 |
|
9789004311299 |
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