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Transition from Illegal Regimes under International Law

£82.00

Part of Cambridge Studies in International and Comparative Law

  • Author: Yaël Ronen, Sha'arei Mishpat Law College, Israel
  • Date Published: May 2011
  • availability: In stock
  • format: Hardback
  • isbn: 9780521197779

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  • Yaël Ronen analyses the international legal ramifications of illegal territorial regimes, namely the illegal annexation of territory or illegal declarations of independence, by reference to the stage of transition from an illegal territorial regime to a lawful one. Six case studies (Namibia, Zimbabwe, the Baltic States, the South African Bantustans, East Timor and northern Cyprus) are used to explore the tension between the invalidity of the illegal regime's acts and their effectiveness, with respect to the international relations of such territories, their domestic legal systems, the status of settlers and land transfers. Relying heavily on primary and previously unconsidered sources, she focuses on the international legal constraints on the post-transition regime's policy, particularly in the context of international human rights law.

    • Analyses the norms governing transition from illegal regimes and offers insights into their practical effects
    • Facilitates the understanding of the significance of transition in specific contexts by describing transitional arrangements in six case studies
    • Considers the tension between returning to the status quo ante and emerging human rights obligations, thus enabling an evaluation of state practice in light of international legal constraints
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    Product details

    • Date Published: May 2011
    • format: Hardback
    • isbn: 9780521197779
    • length: 400 pages
    • dimensions: 235 x 160 x 23 mm
    • weight: 0.73kg
    • availability: In stock
  • Table of Contents

    Part I. The Law Governing Illegal Territorial Regimes:
    1. Introduction
    2. The case studies
    3. The obligation of non-recognition
    Part II. Substantive Issues in Transition:
    4. Treaty relations of the territory
    5. The status of settlers implanted by the illegal regime
    6. The effect of transition on the internal law of the territory
    7. Land titles granted under the illegal regime
    8. Conclusion: illegality, non-recognition and transition.

  • Author

    Yaël Ronen, Sha'arei Mishpat Law College, Israel
    Yaël Ronen is a faculty member at Sha'arei Mishpat Law College, Israel, and a former diplomat in the Israeli Foreign Service. Her areas of expertise are statehood and territorial status, international human rights law, humanitarian law and international criminal law. She is also editor of the Israel Law Review.

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