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Vol 21 No 11 Nov/Dec 2016

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Sovereignty and the Stateless Nation: Gibraltar in the Modern Legal Context


ISBN13: 9781841139166
Published: October 2009
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00



Despatched in 7 to 9 days.

Gibraltar is an Overseas Territory of the UK within the EU, which has for three centuries been at the centre of a dispute between Britain and Spain, a dispute based on traditional perceptions of sovereignty. Hitherto the dispute has been managed in a predominantly bilateral way, but this has prevented the people of Gibraltar having an equal say on the issue of Gibraltar's sovereignty and decolonisation. It has produced a paradox of governance and constitutionalism that encases the Gibraltar people.

This book considers the effects of sovereignty and the culture of bilateralism on the dispute, and examines the resulting deficits of governance and democracy. In assessing the evolution of the themes underlying the dispute it asks how its resolution might be facilitated by the application of ideas drawn from the modern legal context of late sovereignty, pluralism and stateless nationalism, suggesting that a productive trilateral approach and recognition of the legal and societal context could enable an enduring settlement.

The author marries theories from international relations, constitutional law and public international law in the context of modern literature on sovereignty and nationalism, applying these theories to the case-study of Gibraltar with emphasis on constitutionalism in its international and EU context to produce a ground-breaking addition to the literature on stateless nationalism, late sovereignty and constitutional pluralism. As such it also complements recent studies of sub-state societies, regions or nations within Europe and elsewhere, including Catalunya, the Basque Country and Scotland and Wales, and in the broader Commonwealth context, other British overseas territories.

This book will be of interest to lawyers, political scientists, constitutional historians and constitutionalists.

Series: Hart Studies in International Law

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Revisiting the Concept of Defence in the Jus Ad Bellum: The Dual Face of Defence ISBN 9781509906970
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Security and International Law (eBook) ISBN 9781782255895
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Human Rights Obligations of Non-State Armed Groups (eBook) ISBN 9781509901654
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Diplomatic Interference and the Law ISBN 9781849464369
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Diplomatic Interference and the Law (eBook) ISBN 9781509902781
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Non-State Actors in International Law (eBook) ISBN 9781509901869
Published August 2015
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£79.16 + £15.83 VAT
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Statelessness: The Enigma of the International Community ISBN 9781849469692
Published August 2015
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£24.99
Non-State Actors in International Law ISBN 9781849465113
Published August 2015
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The Contractual Nature of the Optional Clause ISBN 9781849468664
Published July 2015
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The Contractual Nature of the Optional Clause (eBook) ISBN 9781509901449
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An Equitable Framework for Humanitarian Intervention ISBN 9781849464048
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An Equitable Framework for Humanitarian Intervention (eBook) ISBN 9781782251279
Published May 2013
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Europe and Extraterritorial Asylum (eBook) ISBN 9781847319074
Published March 2012
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Europe and Extraterritorial Asylum ISBN 9781849462709
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Promises of States under International Law (eBook) ISBN 9781847318787
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Promises of States under International Law ISBN 9781849462327
Published January 2012
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Accounting for Hunger: The Right to Food in the Era of Globalization ISBN 9781849462266
Published November 2011
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£58.00
The Militarisation of Peacekeeping in the Twenty-First Century ISBN 9781849461146
Published November 2011
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The Militarisation of Peacekeeping in the Twenty-First Century (eBook) ISBN 9781847318183
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International Humanitarian Law and Terrorism ISBN 9781849461375
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Multi-Sourced Equivalent Norms in International Law (eBook) ISBN 9781847317827
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Multi-Sourced Equivalent Norms in International Law ISBN 9781849461450
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Reflections on the UN Declaration on the Rights of Indigenous Peoples ISBN 9781841138787
Published January 2011
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£50.00
Contracting with Sovereignty: State Contracts and International Arbitration ISBN 9781841136578
Published January 2011
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£65.00
Human Dignity and the Foundations of International Law ISBN 9781849460897
Published June 2010
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Human Dignity and the Foundations of International Law (eBook) ISBN 9781847318060
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Africa: Mapping New Boundaries in International Law
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The Democratic Legitimacy of International Law ISBN 9781841138176
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£73.00
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Human Dignity and the Foundations of International Law ISBN 9781841133577
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£50.00
Counterterrorism: Democracy’s Challenge ISBN 9781841138183
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£70.00
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781841136189
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Hart Publishing
Price on Application
Forced Migration, Human Rights and Security
Edited by: Jane McAdam
ISBN 9781841137704
Published March 2008
Hart Publishing
£45.00
Human Security and International Law: Prospects and Problems ISBN 9781841136103
Published December 2007
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£50.00
Biotechnologies and International Human Rights ISBN 9781841137032
Published February 2007
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£74.00
Transnational Corporations and Human Rights ISBN 9781841136530
Published September 2006
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Biotechnology and International Law ISBN 9781841136318
Published June 2006
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£79.00
£113.00
£35.00
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841135663
Published November 2005
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£40.00
Regional Organisations and Development of Collective Security ISBN 9781841134802
Published November 2004
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Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841134307
Published July 2004
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The Permanent International Criminal Court ISBN 9781841132815
Published March 2004
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£48.00
The Chapter VII Powers of the United Nations Security Council ISBN 9781841134222
Published January 2004
Hart Publishing
£78.00
Toxics and Transnational Law: International and European Regulation of Toxic Substances as Legal Symbolism
Marc PallemaertsVrije Universiteit Brussel, Brussels and Universite Libre de Bruxelles, Brussels
ISBN 9781841131290
Published June 2003
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Between Light and Shadow ISBN 9781841133904
Published March 2003
Hart Publishing
£63.00