Buch, Englisch, Band 38, 375 Seiten, GB, Format (B × H): 165 mm x 249 mm, Gewicht: 562 g
Legal Theories Versus Political Pragmatism
Buch, Englisch, Band 38, 375 Seiten, GB, Format (B × H): 165 mm x 249 mm, Gewicht: 562 g
Reihe: Legal Aspects of International Organizations
ISBN: 978-90-411-1553-9
Verlag: Wolters Kluwer
This study closes a lacuna of legal research in a field of State succession that has been left aside by the International Law Commission in its codificatory work.
The practice examined by the author includes most controversial and topical cases, ranging from i.a. the acquisition of independence of the Philippines and British India, through the unification of the United Arab Republic, Vietnam, Yemen, and Germany, to the dissolution of the former Soviet Union and Yugoslavia. In the concluding chapter basic principles of State succession and membership as well as criteria for a classification of international organizations are identified.
After a confrontation of the confusing practice, which is mostly guided by political pragmatism, with the traditional legal theories, the author proposes a new `functional approach' to State identity with respect to membership in international organizations.
Zielgruppe
Research
Autoren/Hrsg.
Fachgebiete
Weitere Infos & Material
Preface. Abbreviations. I: Introduction. II: Preliminary Observations. 1. State Succession, Identity and Continuity. 2. Membership and Succession. III: Practice Concerning Membership Between 1945 and 1990. 1. The Philippines - Independence in 1946. 2. India and Pakistan - Independence of `British India' in 1947. 3. Syria and Egypt - the United Arab Republic (UAR) 1958-1961. 4. Mali and Senegal - the Dissolution of the Federation of Mali in 1960. 5. Tanganyika and Zanzibar - the Formation of the United Republic of Tanzania in 1964. 6. The Democratic Republic of Vietnam (DRV, North Vietnam) and the Republic of South Vietnam (RSV) - the Unification of the Socialist Republic of Vietnam (SRV) in 1976. 7. Critical Analysis and Preliminary Conclusions. IV: Practice Concerning Membership After 1990. 1. The Yemen Arab Republic (Northern Yemen) and the People's Democratic Republic of Yemen (Southern Yemen) - the Unification of the Republic of Yemen in 1990. 2. The Federal Republic of Germany (FRG) and the German Democratic Republic (GDR) - the Unification of Germany in 1990. 3. The Soviet Union (USSR) and the Russian Federation (RF): Identity/Continuity or State Succession? 4. Ukraine and Belarus after the Dissolution of the Soviet Union (USSR) in 1991. 5. The Baltic States and the Other Former Soviet Republics. 6. The Socialist Federal Republic of Yugoslavia (SFRY) and the Federal Republic of Yugoslavia (FRY): Identity;Continuity or State Succession? 7. The Czech Republic and the Slovak Republic - the Dismemberment of the Czech and Slovak Federal Republic (CSFR) on December 31, 1992. V: Final Conclusions. 1. Basic Principles of State Succession and Membership in International Organizations. 2. Theoretical Conclusions on State Succession and Membership in International Organizations. 3. Future Outlook: Legal Theories versus Political Pragmatism - A Need for New Approaches and Paradigms? Bibliography. Index.
