The Correlation of the Principles of International Law in the Context of Nagorno-Karabagh Conflict Resolution

2009 ◽  
Author(s):  
Anush Hayrapetyan
Keyword(s):  
Conflict Resolution ◽  
International Law ◽  
Nagorno Karabagh

Approaches for Analysing Norm Relationships

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Conflict Resolution ◽  
Intellectual Property ◽  
International Law ◽  
Structure Building ◽  
Analytical Structure ◽  
Rules And Principles ◽  
Logical Order ◽  
International Law Commission ◽  
Rule Systems ◽  
Law Commission

This chapter discusses conflict-resolution tools and develops an analytical structure building on rules and principles in international intellectual property (IP) treaties, other rule-systems, and general international law to define norm relationships of interpretation and of conflict. Several tools are taken from the ‘toolbox’ developed in the Fragmentation Report of the International Law Commission and other fragmentation literature. Depending on the type of relationship at stake, the most appropriate legal tools to address them may vary. The ILC Report and Conclusions provide for some of the tools and to some extent for an analytical structure, a logical order for examining these relationships. As the chapter shows, for some types of legal relations other approaches are more adequate. They hence complement the ILC principles and need to be integrated in the set of tools available.

scholarly journals The Disputes of South China Sea From International Law Perspective

2017 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Surya Wiranto ◽  
Hikmahanto Juwana ◽  
Sobar Sutisna ◽  
Kresno Buntoro
Keyword(s):  
Conflict Resolution ◽  
South China Sea ◽  
International Law ◽  
South China ◽  
Dispute Settlement ◽  
Oil And Gas ◽  
Applied Theory ◽  
Territorial Dispute ◽  
China Sea ◽  
Theory Of Law

<p align="justify">Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of international law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in international fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime.</p>

scholarly journals The Disputes of South China Sea From International Law Perspective

2015 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Surya Wiranto ◽  
Hikmahanto Juwana ◽  
Sobar Sutisna ◽  
Kresno Buntoro
Keyword(s):  
Conflict Resolution ◽  
South China Sea ◽  
International Law ◽  
South China ◽  
Dispute Settlement ◽  
Oil And Gas ◽  
Applied Theory ◽  
Territorial Dispute ◽  
China Sea ◽  
Theory Of Law

<p align="justify">Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of international law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in international fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime.</p>

scholarly journals The road to conflict resolution: A comparative analysis of frozen conflicts in the OSCE area

2012 ◽  
Vol 64 (3) ◽  
pp. 275-302
Author(s):  
Vladimir Trapara ◽  
Milos Joncic
Keyword(s):  
Conflict Resolution ◽  
Comparative Analysis ◽  
International Law ◽  
Armed Conflict ◽  
The Road ◽  
Long Run ◽  
Conflicts Resolution ◽  
The Usa ◽  
The Common ◽  
Frozen Conflict

In this paper the authors comparatively analyze the frozen conflicts in the OSCE area with an objective to discover specific features of the road to their solution. An accent has been put on the post-Soviet conflicts, while Kosovo and Cyprus are treated as subsidiary cases. A decisive element of the frozen conflict definition is a disharmony between the legal and factual state regarding territorial changes which took place as a consequence of an armed conflict. Thus, the international law aspect is the most important in considering possibilities for settlement of these conflicts. Other aspects which are analyzed in the paper are security, energy, economic, and democratic ones. The common conclusion of the analysis of each of these aspects is that the USA and Russia are the key actors which influence these frozen conflicts? resolution. In the absence of their consensus, these conflicts are doomed to remain frozen in the long run.

Gender and Forms of Conflict

2017 ◽  
Author(s):  
Vasuki Nesiah
Keyword(s):  
Conflict Resolution ◽  
International Law ◽  
International Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
Successes And Failures

This chapter compares and contrasts the successes and failures of “conflict mapping” in international humanitarian law (IHL) and international conflict feminism (ICF), a phrase the author uses to refer to feminist initiatives aimed at strengthening international law and policy’s response to women’s experiences. The chapter begins by describing the IHL regime for classification of forms of conflict and the consequences of these stratifications on conflict resolution. It addresses the strategies of ICF, and the challenge it brings to the conflict maps of IHL for not adequately addressing women’s specific needs. The chapter then questions the conflict maps of ICF. It demonstrates the ways in which ICF’s approach to gender, while commendable, can also be simplistic and inadequate.

Ethnic Conflicts and Peacebuilding in Georgia

2022 ◽  
pp. 91-106
Author(s):  
Sophio Midelashvili ◽  
Jemal Gakhokidze
Keyword(s):  
Conflict Resolution ◽  
International Law ◽  
International Community ◽  
Ethnic Cleansing ◽  
Ethnic Conflicts ◽  
National Interests ◽  
Territorial Integrity ◽  
South Ossetia ◽  
Independent States

The chapter deals with the problem of territorial integrity of Georgia, particularly two adjusted regions, Abkhazia and South Ossetia. Today, 20% of Georgian territory is occupied. After the Russian-Georgian War in 2008, things changed radically to the detriment of Georgia's national interests, in particular, the occupation of Abkhazia and South Ossetia by Russia, their recognition as independent states, and ethnic cleansing of Georgians by disregarding the fundamental principles of international law. All these are known to the international community, and it became visible to the whole world. The issues are in the field of permanent national interests of Georgia. Under such situation, it became necessary to search for new ways of conflict resolution based only upon real politics.

People without Borders for Borders without People: Land, Demography, and Peacemaking under Security Council Resolution 242

2007 ◽  
Vol 37 (1) ◽  
pp. 62-78 ◽  
Author(s):  
Jamil Dakwar
Keyword(s):  
Conflict Resolution ◽  
International Law ◽  
Security Council ◽  
West Bank ◽  
Security Council Resolution ◽  
Green Line ◽  
The West ◽  
Un Security Council ◽  
First Time

UN Security Council Resolution 242, drafted to deal with the consequences of the 1967 war, left the outstanding issues of 1948 unresolved. For the first time, new Israeli conflict-resolution proposals that are in principle based on 242 directly involve Palestinian citizens of Israel. This essay explores these proposals, which reflect Israel's preoccupation with maintaining a significant Jewish majority and center on population and territorial exchanges between Israeli settlements in the West Bank and heavily populated Arab areas inside the green line. After tracing the genesis of the proposals, the essay assesses them from the standpoint of international law.

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