ISBN:
9783642228698
Language:
English
Pages:
Online-Ressource (XIX, 390p, digital)
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Buchausg. u.d.T. Ouali, Abdelhamid el Territorial integrity in a globalizing world
Keywords:
Law
;
Law
;
Selbstbestimmungsrecht
;
Globalisierung
;
Territoriale Integrität
;
Selbstbestimmungsrecht
;
Globalisierung
;
Territoriale Integrität
Abstract:
Abdelhamid El Ouali
Abstract:
This book offers a comprehensive, highly informative and interdisciplinary study on territorial integrity and the challenges globalization, self-determination and external interventions present. This study aims at not only to fill an epistemological gap in this regard, but also answer the question of whether International Law is adequately equipped to help states address these challenges. The author argues that the biggest threat that many states are confronted with today is their disintegration rather than their obsolescence, and that International Law has not often been able to prevent that eventuality. In fact, states, when they were not destroyed by war, managed to survive, thanks to the flexibility of territoriality, i.e. their ability to adjust to difficult situations as they arose. It is this understanding of adaptation that urges an increasing number of states today to revive territorial autonomy and restore an original understanding of self-determination in which democracy is a pivotal factor in establishing congruence between the states and their nations. While this move is endorsed by International Law, it is not the case for globalization; for their own sake, proponents of globalization should recognize that the states are irreplaceable as long as they remain the sole providers of protection for their peoples.
Description / Table of Contents:
Territorial Integrity in a Globalizing World; Contents; Introduction; References; Part I: Rethinking Territorial Integrity; References; Chapter 1: The State´s Sovereign Right to Existence; 1.1 The Need for a New Approach to Territorial Integrity; 1.1.1 The De-Reification of the Legal Approach of Territorial Integrity; 1.1.2 The Production of Territorial Integrity; 1.2 The Institutionalization of Territoriality; 1.2.1 The State´s Right to Sovereignty; 1.2.1.1 The ``Raison d´être´´ of Sovereignty; 1.2.1.2 The Dual Sovereignty System; 1.2.2 The State´s Right to Survival; 1.2.2.1 Self-Defense
Description / Table of Contents:
1.2.2.2 State of Necessity1.2.3 The Right of People to Sovereignty: The Emergence of Self-Determination; 1.3 Conclusion: Defining Territorial Integrity; References; Chapter 2: The State´s Ability to Ensure Its Own Survival; 2.1 The States´ Drive Towards Disintegration; 2.1.1 The Concomitant and Correlative Birth of States and Ethnic Heterogeneity; 2.1.2 The Deepening of Ethnic Heterogeneity; 2.2 The Flexibility of Territoriality Across History: How to Make States Survive; 2.2.1 The Premodern State: Inventing Territorial Autonomy; 2.2.2 The Modern State: Making Effective Its Territoriality
Description / Table of Contents:
2.2.2.1 The Effective Power of the Modern State Over Its Territory2.2.2.2 The Anachronistic Requirement That a Remnant Traditional State Should Meet the Effectiveness of Territoriality: The ICJ's Debatable Opinion in Western Sahara Case; 2.2.3 The Postmodern State: Going Back to Territorial Autonomy in Order to Address the Crisis of Territoriality Produced by Globalization; References; Part II: The Protection of Territorial Integrity Against External Threat; Chapter 3: The Ambiguous Protection of State Territory; 3.1 The Prohibition of Unilateral Territorial Changes
Description / Table of Contents:
3.1.1 The Principle of the Necessary Consent of the State to Territorial Changes3.1.1.1 The Consent of the State to the Delimitation of Its Territory; 3.1.1.2 The State´s Consent to Territorial Changes in Compliance with the Requirement of Constitutional Law; 3.1.1.3 The Consequence of the Consent of the State to Territorial Changes: The Final and Stable Character of Borders; 3.1.2 The Non-consecration of the uti possidetis as an Exception to the Principle of the Necessary Consent of the State to Territorial Changes; 3.2 The Limited Protection of State´s Territory
Description / Table of Contents:
3.2.1 The Lack of an International Guarantee to Territorial Integrity3.2.2 The Prohibition and Non-recognition of Territorial Changes Through the Use of Force; References; Chapter 4: The Weakening of States´ Territorial Sovereignty; 4.1 The Contraction of Domestic Jurisdiction; 4.1.1 Extraterritoriality; 4.1.1.1 The Presumption in Favour of States´ Jurisdiction Within Their Territory; 4.1.1.2 Extraterritoriality as a Means to Extend Abroad Powerful States´ Sovereignty; 4.1.1.3 Extraterritoriality as a Means to Protect Human Rights: Universal Jurisdiction
Description / Table of Contents:
4.1.2 The Extension of United Nations´ Competencies to the Detriment of Domestic Jurisdiction
Note:
Description based upon print version of record
DOI:
10.1007/978-3-642-22869-8
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