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Vol 23 No 5 May/June 2018

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New Political Entities in Public and Private International Law

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ISBN13: 9789041111555
ISBN: 9041111557
Published: April 1999
Publisher: Brill Academic Publishers
Format: Hardback
Price: £204.00

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New political entities usually come into being in the midst of political wrangling, often accompanied by security problems and, not infrequently, violence. This book, taking the Israeli-Palestinian conflict as its starting point, goes on to deal with the general problems of new entities, including such core concepts as sovereignty, autonomy and legal personality. In exploring human rights issues, the complex notions of nationality and minority rights are examined.;On a more practical level, several authors inquire into issues of legal assistance in civil and criminal matters, security arrangements, fiscal and monetary policies, foreign investment guarantees, economic privatization, and transboundary water pollution. On many of these topics, German and European legal experience is introduced to shed a useful comparative light. Altogether, this volume represents an attempt to provide a primer for those responsible for, or interested in, the various aspects of new political entities at the end of the second millennium.

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Part I: The political, legal and security framework; autonomy and sovereignty - are they mutually exclusive? R. Lapidoth; the Oslo peace process - a view from within, J. Singer; unraveling the knot - negotiating civil autonomy amidst security and political uncertainty, D. Reisner; New Political Entities and the Conflict of Laws -- A German View; D. Busse. The Legal Personality of the Palestinian Autonomy; M. Tabory. Sharing and Transferring Responsibilities for Security and Public Order; T. Stoll. Part II: Human Rights. The Palestinian Autonomy and International Human Rights Law: Perspectives on an Ongoing Process of Nation-Building; T. Giegerich. The Nationality of the Inhabitants of the Palestinian Autonomous Territories; A. Zimmermann. Minority Rights and the New Political Entities in International Law; N. Lerner. The Oslo Peace Process and International Human Rights; F. Domb. Part III: Legal Assistance, Economic and Environmental Aspects. Financing Autonomy through Financial Autonomy? Fiscal and Monetary Aspects of the Israeli-Palestinian Agreements from a Public International Law Perspective; T. Marauhn. Protecting Foreign Investments in the Palestinian Autonomous Territories; H. Braun. Economies in Transition: The Central and Eastern Europe Experience and the New Palestinian Autonomy -- A Private and Economic Law Perspective; A. Peddinghaus. The Role of Conflicts of Laws Regarding the Transboundary Pollution of Water, N. Blanchard.