Confiscations of Property in Civil Conflicts

2021 ◽  
pp. 115-127
Keyword(s):  
1995 ◽  
Vol 21 (2) ◽  
pp. 159-181 ◽  
Author(s):  
Gerardo L. Munck ◽  
Chetan Kumar

As the Cold War has receded, it has left behind a world system characterized by two divergent trends. On the one hand, as the two superpowers have withdrawn their security umbrellas, a host of ethnic and territorial conflicts have sprouted around the globe. On the other hand, as former rival blocs now create alliances, international mechanisms for the peaceful resolution of contentious issues have proliferated. A central concern of our times, then, is whether, and under what circumstances, these new mechanisms will be successful in dealing with the disorderly aspects of the new world ‘order’.


Daedalus ◽  
2017 ◽  
Vol 146 (4) ◽  
pp. 112-125
Author(s):  
Hendrik Spruyt

The current international system is based on Westphalian principles in which authority is defined territorially. Within this territory, the state has sole jurisdiction. Adherence to these principles has contributed to the decline of interstate war. Conversely, applying these principles and correlated norms to states that gained their independence after 1945 has contributed to civil conflicts. These norms are opaque, as is the case with the principle of self-determination; or they lock in an unstable status quo, as with uti possidetis, the principle that borders inherited at the moment of independence should always be maintained; or they are inconsistently applied and often violated, as with the principle of noninterference. Consequently, they provide poor guidelines as to when, and on which grounds, external intervention in civil wars might be warranted. I argue that the degree to which the combatants challenge Westphalian principles should guide policy responses. Furthermore, the international legal regime should reconsider uti possidetis. In some instances, partition might be a reasonable solution to civil wars.


2021 ◽  
pp. 073889422110152
Author(s):  
Rob Williams

There are many regions that meet the necessary conditions for sovereign governance in the world, but few secessionist conflicts. I argue that this relative paucity of secessionist violence is the result of government preemption of potential secessionist movements. Using cross-national geospatial data from 1992 to 2013, I find that governments invest more, measured via nighttime light emissions, in more secession-prone regions. The same factors that make territory attractive for secession, such as large populations and international borders, also make governments willing to work to retain control of that territory, contributing to the scarcity of separatist civil conflicts.


2021 ◽  
Author(s):  
Subira Onwudiwe

A civil war marked by the intervention of foreign military troops is known as an internationalized non-international armed conflict.' This type of armed conflict happens often and presents a number of issues of concern to international lawyers. The scope of this article is confined to the application of international humanitarian law in such circumstances, and it does not address the validity of foreign involvement in a civil war. In civil conflicts involving foreign intervention, the sides seldom agree on the facts or their interpretation. As a result, this article is dependent on certain factual assumptions, assumptions for which evidence cannot always be provided.


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