Bristol University Press
Contested States in War and Law
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Edited by:
About this book
Available open access digitally under CC-BY-NC-ND licence. The precarious status of contested states both reflects and begets conflict. From Taiwan to Western Sahara and from Nagorno-Karabakh to the Liberation Tigers of Tamil Eelam, contested states call into question the standard categories of international law that divide inside and outside, state and non-state, war and rebellion. They inevitably fall in-between them, while alternatively disputing and negotiating their applicability. Bringing together perspectives from a range of disciplines, the book focuses on some of the most entrenched conflicts around the world. It reveals how different actors, including de facto governments, parent and patron states, local populations, and international courts, navigate the grey zone as they redraw, or work around, the fault lines of war and law.
Topics
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Front Matter
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Contents
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Notes on Contributors
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Acknowledgements
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Introduction: Contested States in War and Law
1 - PART I Ambiguous Status and the (Il)legal Use of Force
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1 The Ratione Personae Element of the Jus ad Bellum and Taiwan
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2 The Use of Force Against Taiwan as a Contested State: An Analysis of Legality and Great-Power Politics
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3 International Law and the Legitimation of State Violence in the Fourth Eelam War (2006–2009)
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4 Russia-Manufactured ‘Secessions’ in Ukraine: The Attempted Ambiguity of Status, Kosovo, and International Law
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5 Legitimization of Violence and State Dissolution in Nagorno-Karabakh: A Critical Legal Analysis
105 - PART II Vulnerability and Agency on the Ground: People and Institutions Navigating War and Law
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6 Contested Statehood, Ambiguities and Volatility: The Effects of Lawfare and Warfare in the Western Sahara Conflict
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7 Hardening Ceasefire Lines in Protracted Secessionist Conflicts: From the Negotiating Table and International Law to Realities on the Ground in the Case of the Abkhaz–Georgian War
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8 Sovereign Experimentation by Separatist Insurgencies: A Performative Perspective
172 - PART III Contesting and Constructing States at International Courts
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9 Contested States Framed by the European Court of Human Rights
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10 Hide and Seek: Bracketing and Projecting the States of Kosovo and Palestine at International Courts
212 - PART IV Conclusions
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11 Four Normative Positions on the Contestation of Statehood in War and Law
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12 Speculative Legalities and the Ambiguities of Contested States
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13 The Melancholy Statehood
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Index
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