Law, Territory and Conflict Resolution: Law as a Problem and Law as a SolutionMatteo Nicolini, Francesco Palermo, Enrico Milano 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? |
Contents
Territory and the Law of Ownership From Misunderstanding to Opportunity | 16 |
Beyond Majoritarian Autonomy? Legislative and Executive PowerSharing in European Regions | 39 |
Studying Territorial Autonomy as a Multiplicity of Ways to Institutionalise Ethnicity | 67 |
In Search of a Fair Balance between the Inviolability of Borders Selfdetermination and Secession in International Law | 90 |
Territorial Entitlement and Exit Scenarios | 105 |
Internationalised Territorial Regimes as Solution to Conflicts? | 124 |
Law and the Dynamics of Territorial Conflicts Problems and Solutions in Selected Case Studies | 143 |
Constitutions and Territorial Claims Lessons from the Former Soviet Space | 174 |
Multiple Identities in a Unitary State Tracing the Origins of the Ukrainian Crisis Back | 219 |
Shrinking Autonomy for Tatarstan and Gagauzia The Perils of Flexible Institutional Design | 244 |
The Intractable Case of Northern Kosovo in the Light of the 2013 Brussels Agreement | 270 |
Territorial and Ethnic Divide A New Legal Geography for Cyprus | 285 |
International Economic Law and Conflict Resolution The West Bank between Dominium Land Ownership and Land Grabbing | 316 |
DutchGerman Boundary Relations in the EemsDollard EmsDollart Estuary An Implicit Condominium? | 346 |
Conclusion Laws and Conflicts over Territories | 362 |
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Abkhazia accessed 1 September accessed 30 April administrative adopted Agreement Article borders Bosnia and Herzegovina boundaries cent city of Sevastopol conflicts Constitutional Law Court Crimea Crimean Region cultural Cyprus Declaration Democracy divided societies dominium economic elections entities ethnic European Federative Socialist Republic Gagauz Gagauzia groups Human Rights Ibid independence institutional International Law Israel jurisdiction Kosovo land language legal geography linguistic Moldova National Minorities normative oblasts organisation Oxford Palestinian political post-Soviet power-sharing Presidium principle recognition referendum regime relations relevant Republic of Crimea Resolution rsfsr rules Russian Federation Russian sfsr Russian Soviet Federative secession self-determination self-government September 2015 Serbia Sevastopol South Ossetia South Tyrol sovereignty Soviet Federative Socialist Soviet Socialist Republic status supra Supreme Council Tatars Tatarstan territorial autonomy territorial identity territorial integrity tion Transnistria Treaty Ukraine Ukrainian ssr Union University Press ussr uti possidetis vote West Bank Верховного Совета СССР Республики Советской Социалистической Социалистической Республикой