The Decolonization of International Law: State Succession and the Law of Treaties

Awards:   Winner of ESIL Book Prize 2008. Winner of Winner of the Inaugural European Society of International Law Book Prize 2008.
Author:   Matthew Craven (Professor of International Law, School of Oriental and African Studies, University of London)
Publisher:   Oxford University Press
ISBN:  

9780199577880


Pages:   306
Publication Date:   01 October 2009
Format:   Paperback
Availability:   To order   Availability explained
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The Decolonization of International Law: State Succession and the Law of Treaties


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Awards

  • Winner of ESIL Book Prize 2008.
  • Winner of Winner of the Inaugural European Society of International Law Book Prize 2008.

Overview

The issue of state succession continues to be a vital and complex focal point for public international lawyers, yet it has remained strangely resistant to effective articulation. The formative period in this respect was that of decolonization which marked for many the time when international law 'came of age' and when the promises of the UN Charter would be realized in an international community of sovereign peoples. Throughout the 1990s a series of territorial adjustments placed succession once again at the centre of international legal practice, in new contexts that went beyond the traditional model of decolonization: the disintegration of the Soviet Union, Yugoslavia, and Czechoslovakia, and the unifications of Germany and Yemen brought to light the fundamentally unresolved character of issues within the law of succession. Why have attempts to codify the practice of succession met with so little success? Why has succession remained so problematic a feature of international law? This book argues that the answers to these questions lie in the political backdrop of decolonization and self-determination, and that the tensions and ambiguities that run throughout the law of succession can only be understood by looking at the relationship between discourses on state succession, decolonization, and imperialism within the framework of international law.

Full Product Details

Author:   Matthew Craven (Professor of International Law, School of Oriental and African Studies, University of London)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 15.60cm , Height: 1.60cm , Length: 23.40cm
Weight:   0.479kg
ISBN:  

9780199577880


ISBN 10:   0199577889
Pages:   306
Publication Date:   01 October 2009
Audience:   Professional and scholarly ,  Professional and scholarly ,  Professional & Vocational ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Introduction Part One: Critical Diagnostics 1: Introduction 2: The Themes of Succession 3: A Brief History 4: Succession, Identity, and Continuity 5: Bedjaoui, O'Connell, and the 'End' of Succession 6: Conclusions Part Two: Codification and Decolonization 1950-1974 1: The Move to Codification 2: Initial Steps: The International Law Commission Sub-committee 3: The International Law Association 4: A Change in Focus: The Waldock Reports 5: The Law of Treaties and Beyond 6: New States 7: Semi-Sovereignty: Mandates, Trusteeships and Protectorates 8: Other Categories of Succession 9: Dispositive Treaties 10: Final Moves: The Vienna Conference 11: Reception and Reflection 12: Conclusions Part Three: New Beginnings, New Ends 1: Introduction 2: Beyond Decolonization 3: The Perils of Formalism: Continuity, Personality, and Identity 4: Treaty Continuity and Automatic Succession 5: Functional Differentiation 6: Conclusions Conclusions

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Matthew Craven is Professor of International Law, School of Oriental and African Studies, University of London

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