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Self-Determination, Human Rights, and the Nation-State

Revisiting Group Claims through a Complex Nexus in International Law

Gaetano Pentassuglia

as an illustration of an ‘enhanced’ role of international law and institutions in problem-solving, or even as attempts at creatively transcending the external and internal strictures of sovereignty as an international and constitutional legal category. 10 However, at the level of general

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Jane A. Hofbauer

Sovereignty in the Exercise of the Right to Self-Determination detangles the relationship between a number of principles of international law and the exercise of sovereign power. Jane Hofbauer’s assessment is conducted through an analysis of the different tiers of self-determination, ranging from the right to exercise external self-determination, the right to exercise forms of autonomy as a form of de facto independence, and the right to a type of ‘spatial’ independence, exemplified through the principles of permanent sovereignty over natural resources (PSNR), and free, prior and informed consent (FPIC).
The book not only highlights the (intentional) uncertainties within each of these principles, but identifies the (non-discretionary) limits to their normative evolution. It thereby explores to what extent (indigenous) peoples can be designated as sovereign entities.
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Sarah Myers West

internet businesses for digital sovereignty. Ultimately, the article argues that despite rhetoric to the contrary, internet companies cannot be neutral actors outside of international politics, and it thus makes the case for greater local engagement in diplomacy by companies on a country-to-country basis

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Edited by Trevor Stack, Naomi Goldenberg and Timothy Fitzgerald

Religious-secular distinctions have been crucial to the way in which modern governments have rationalised their governance and marked out their sovereignty – as crucial as the territorial boundaries that they have drawn around nations. The authors of this volume provide a multi-dimensional picture of how the category of religion has served the ends of modern government. They draw on perspectives from history, anthropology, moral philosophy, theology and religious studies, as well as empirical analysis of India, Japan, Mexico, the United States, Israel-Palestine, France and the United Kingdom.
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Shaun Narine

Humanitarian Intervention and the Question of Sovereignty: The Case of ASEAN • 465 Humanitarian Intervention and the Question of Sovereignty: The Case of ASEAN S haun N arine 1 A bstract The Association of Southeast Asian Nations (ASEAN) has thrived as a regional institution that defends the

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Jackson Maogoto

This innovative text is shows how there has been a concerted effort, since the end of World War I, to curb a state's power and freedom of action through the concept of international accountability to a set of recognized rules and norms. A state not only is to adhere to these rules but also can be sanctioned by an international penal process through enforcement of international criminal law. Adoption of the Rome Statute and the creation of the International Criminal Court are the culmination of many years of effort to challenge the power of state action.



Scholars and students of international law with an interest in international criminal law will find this volume an interesting narrative of how the developments of international penal mechanisms of the 20th century have contributed to a diminution of state sovereignty.

Published under the Transnational Publishers imprint.
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Bradly Condon

The growing body of WTO jurisprudence is of profound significance for the development of the general body of international law. With this in mind, Environmental Sovereignty and the WTO succinctly examines how the WTO law can contribute to achieving coherence between general international law, international environmental law and international trade law and avoid conflicts between trade liberalization and global environmental protection. Professor Condon argues that these three branches of law are generally consistent with each other in the area of international law where they intersect. However, WTO jurisprudence can benefit from a more explicit analysis, provided here, of the way that panel decisions fit into the general framework of international law. No law reforms are currently needed to facilitate this task. As the text shows, it is a matter of using the current WTO rules to resolve conflicts between treaties such as the General Agreement on Tariffs and Trade (GATT) and multilateral environmental agreements (MEAs) and to determine the circumstances in which unilateral trade measures should be permitted.

The topics addressed in Environmental Sovereignty and the WTO will be of considerable interest to a broad audience given the global political controversy over American unilateralism, the fairness of WTO rules to poor countries, and the effect of trade rules on efforts to protect the global environment. However, the book addresses these controversial issues without sacrificing academic rigour and will appeal to a scholarly and professional audience seeking new approaches to addressing the problems raised by the globalization of law.

Published under the Transnational Publishers imprint.
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Enrico Milano

© Koninklijke Brill NV, Leiden, 2010 DOI: 10.1163/187197310X498589 International Community Law Review 12 (2010) 171–189 I NTERNATIONAL C OMMUNITY L AW R EVIEW brill.nl/iclr The Security Council and Territorial Sovereignty: The Case of Kosovo Enrico Milano * Assistant Professor, Faculty of Law

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Emanuela Piccolo Koskimies

Introduction The considerable growth of human rights in the last decades has sparked competing claims of change and continuity with regards to the normative fabric of international society and, in particular, the status of sovereignty. A widespread account is that the end of the Cold War has

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Anna-Karina Hermkens

relations between denominations and the way Christian churches partake in debates about the governing of society. 2 What has been less stressed is the ways that Christianity, and in particular Catholicism, seems to provide sustenance for movements that strive for sovereignty. What is also little discussed