Transition from Illegal Regimes under International Law

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

ISBN: 9780521197779 | 0521197775
Cover: Hardcover
Copyright: 6/30/2011

Rent

(Recommended)

$55.80

Term

Due

Price

Semester

Dec 13

$62.00

Quarter

Aug 30

$58.90

Short Term

Jul 26

$55.80

*This item is part of an exclusive publisher rental program and requires an additional convenience fee. This fee will be reflected in the shopping cart.
Buy New

Special Order: 1-2 Weeks

$84.70

Yael 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.

Abbreviations	p. ix
Acknowledgements	p. xi
Foreword	p. xiii
Table of treaties	p. xv
Table of case law	p. xxiv
Table of UN documents	p. xxxi
Table of domestic legislation and similar acts	p. xxxvi
Table of documents of intergovernmental organizations	p. xlii
Introduction	p. 1
The case studies	p. 16
The Baltic states	p. 16
The annexation of the Baltic states by the USSR	p. 16
The international reaction to the annexation of the Baltic states	p. 18
The illegality of the annexation of the Baltic states	p. 21
The restoration of independence of the Baltic states	p. 24
Rhodesia	p. 27
The unilateral declaration of independence	p. 27
The international response to UDI	p. 29
The illegality of Rhodesia's independence	p. 31
The distinction between government and state	p. 34
The reversion of Rhodesia to colonial status	p. 35
Namibia	p. 38
The South African administration	p. 38
The international response to continued South African administration	p. 41
The illegality of the South African administration of Namibia	p. 45
The transition of Namibia to independence	p. 46
The TBVC	p. 47
The establishment of the TBVC	p. 47
The international response to the establishment of the TBVC	p. 49
The illegality of the establishment of the TBVC	p. 50
The reincorporation of the TBVC into South Africa	p. 51
Timor-Leste	p. 54
The annexation of Timor-Leste by Indonesia	p. 54
The international response to the annexation of Timor-Leste	p. 56
The illegality of the annexation of Timor-Leste	p. 58
The transition of Timor-Leste to independence	p. 60
The TRNC	p. 61
The establishment of the TRNC	p. 61
The international response to the establishment of the TRNC	p. 64
The illegality of the establishment of the TRNC	p. 65
The Annan Plan	p. 67
The obligation of non-recognition	p. 71
Introduction	p. 71
The obligation of non-recognition with respect to treaty and diplomatic relations	p. 73
The obligation of non-recognition with respect to other dealings with the illegal regime	p. 78
The exception to the prohibitions relating to international interaction	p. 80
The obligation of non-recognition with respect to internal acts	p. 81
Introduction	p. 81
The prohibition and the Namibia exception	p. 83
The effect of international human rights law on the Namibia exception	p. 88
The beneficiaries of the exception	p. 98
Conclusions	p. 101
The effect of transition on treaty relations of the territory	p. 103
Introduction	p. 103
Doctrine	p. 104
Transition with respect to prior treaties	p. 104
Treaties concluded by the illegal regime	p. 110
Practice	p. 114
Rhodesia	p. 114
Namibia	p. 117
The Baltic states	p. 133
The TBVC	p. 141
Timor-Leste	p. 145
The TRNC	p. 155
Conclusions	p. 156
Transition with respect to prior treaties	p. 156
Treaties concluded by the illegal regime	p. 157
The effect of transition on the domestic law of the territory	p. 159
Doctrine	p. 159
The post-transition regime's freedom of action	p. 159
Retroactive effect of criminal norms of the illegal regime	p. 161
Prospective validity of acts of the illegal regime	p. 162
Practice	p. 163
Rhodesia	p. 163
Namibia	p. 165
The Baltic states	p. 170
The TBVC	p. 171
Timor-Leste	p. 174
The TRNC	p. 182
Conclusions	p. 184
The effect of transition on settlers implanted by illegal regimes	p. 186
Introduction	p. 186
Doctrine	p. 187
Status granted to settlers under an illegal regime	p. 187
Limitations on expulsion of settlers based on international human rights law	p. 190
Conclusions	p. 213
Practice	p. 214
Rhodesia	p. 214
The Baltic states	p. 216
The TBVC	p. 227
Timor-Leste	p. 228
The TRNC	p. 231
Conclusions	p. 239
The effect of transition on land titles	p. 246
Introduction	p. 246
Doctrine	p. 248
Types of changes to rights in land under the illegal regime	p. 248
The effect of transition on land rights granted by the illegal regime	p. 250
Limitations on restoration of land based on international human rights law	p. 254
Practice	p. 264
Rhodesia	p. 264
Namibia	p. 267
The Baltic states	p. 270
The TBVC	p. 279
Timor-Leste	p. 283
The TRNC	p. 294
Conclusions	p. 307
Conclusions: Non-recognition and transition	p. 312
Reversion to the status quo ante versus continuity	p. 314
Exceptions to continuity in domestic law: residence and rights in land	p. 316
Reversion to the status quo ante and the requisites of statehood	p. 317
The effect of international human rights law on reversion to the status quo ante	p. 319
Conclusion	p. 320
Selected bibliography	p. 321
Index	p. 345
Table of Contents provided by Ingram. All Rights Reserved.

Please wait while the item is added to your bag...

FREE SHIPPING

Amazon no longer offers textbook rentals. We do!

Transition from Illegal Regimes under International Law

Summary

Author Biography

Table of Contents

Supplemental Materials