International Law And Self Determination

Author : Joshua Castellino
Publisher : BRILL
Page : 310 pages
File Size : 53,8 Mb
Release : 2021-07-26
Category : Law
ISBN : 9789004480896

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International Law and Self-Determination by Joshua Castellino Pdf

The principle of self-determination has at heart the achievement of true representation and democracy based on the idea that the consent of the governed alone can give government legitimacy. The principle was primarily responsible for the decolonisation process that shaped our current international community. `Self-determination' has been used in equal rhetorical brilliance by a number of leaders - some meritorious, with a genuine concern for human emancipation, others dubious, with ascendancy to power at the heart of their project. In any case, `self-determination' has come to mean different things in different contexts. Being a vital principle, especially in the post-colonial state, it is one factor that represents a threat to world order while at the same time holding out the promise of longer-term peace and security based on values of democracy, equity and justice. This book looks at the intricacies of the norm in its current ambiguous manifestation and seeks to deconstruct it with regard to three particularly inter-related discourses: that of minority rights, statehood and sovereignty, and the doctrine of uti possidetis which shaped the modern post-colonial state. These norms are then analysed further within two case studies. One, concerning the creation of Bangladesh where `self-determination' was achieved. The second, examines the situation in the Western Sahara where `self-determination' (whatever its manifestation) is yet to be expressed. In the course of these case studies we seek to highlight the problematic nature of `national identity' and the `self' in settings far removed from post-Westphalian Europe.

Author : Milena Sterio
Publisher : Routledge
Page : 226 pages
File Size : 47,8 Mb
Release : 2013
Category : Law
ISBN : 9780415668187

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The Right to Self-determination Under International Law by Milena Sterio Pdf

Presents the legal cases for self-determination in East Timor, Kosovo, Chechnya, Georgia (South Ossetia and Abkhazia) and in South Sudan.

Author : Kalana Senaratne
Publisher : Cambridge University Press
Page : 293 pages
File Size : 43,8 Mb
Release : 2021-08-05
Category : Law
ISBN : 9781108484404

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Internal Self-Determination in International Law by Kalana Senaratne Pdf

A clear and accessible study of the principle of internal self-determination in international law.

Author : Christian Walter,Antje von Ungern-Sternberg,Kavus Abushov
Publisher : OUP Oxford
Page : 340 pages
File Size : 54,7 Mb
Release : 2014-06-05
Category : Law
ISBN : 9780191006913

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Self-Determination and Secession in International Law by Christian Walter,Antje von Ungern-Sternberg,Kavus Abushov Pdf

Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.

Author : Karen Knop
Publisher : Cambridge University Press
Page : 460 pages
File Size : 54,7 Mb
Release : 2002-04-18
Category : Political Science
ISBN : 9781139431927

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Diversity and Self-Determination in International Law by Karen Knop Pdf

The emergence of new states and independence movements after the Cold War has intensified the long-standing disagreement among international lawyers over the right of self-determination, especially the right of secession. Knop shifts the discussion from the articulation of the right to its interpretation. She argues that the practice of interpretation involves and illuminates a problem of diversity raised by the exclusion of many of the groups that self-determination most affects. Distinguishing different types of exclusion and the relationships between them reveals the deep structures, biases and stakes in the decisions and scholarship on self-determination. Knop's analysis also reveals that the leading cases have grappled with these embedded inequalities. Challenges by colonies, ethnic nations, indigenous peoples, women and others to the gender and cultural biases of international law emerge as integral to the interpretation of self-determination historically, as do attempts by judges and other institutional interpreters to meet these challenges.

Author : U. O. Umozurike
Publisher : [Hamden, Conn.] : Archon Books
Page : 352 pages
File Size : 43,6 Mb
Release : 1972
Category : Law
ISBN : STANFORD:36105004670282

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Self-determination in International Law by U. O. Umozurike Pdf

Author : Fernando R. Tesón
Publisher : Cambridge University Press
Page : 259 pages
File Size : 53,9 Mb
Release : 2016-04-06
Category : Law
ISBN : 9781107119130

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The Theory of Self-Determination by Fernando R. Tesón Pdf

In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.

Author : David Raic
Publisher : BRILL
Page : 515 pages
File Size : 51,7 Mb
Release : 2002-09-01
Category : Law
ISBN : 9789047403388

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Statehood and the Law of Self-Determination by David Raic Pdf

Although most international lawyers assumed that the distribution of the land surface of the earth between States was more or less final after the end of decolonization, recent practice has disproved this assumption. Eritrea separated from Ethiopia and new States were created out of the former Soviet Union, the former Yugoslavia and the former Czechoslovakia. There is no reason to believe that these events form the end of the creation of new States. Numerous communities within existing States claim a right to full separate statehood on the basis of their entitlement to an alleged right to self-determination. However, in most cases, the international community rejected such claims to statehood, even if the territorial entity satisfied the traditional criteria for statehood. On the other hand, in other cases, including some of those mentioned above, the international community acknowledged the statehood of entities which clearly failed to meet these criteria. In the light of the above-mentioned developments, this book examines the modern law of statehood, and in particular the role of the law of self-determination in the process of the formation of States in international law. The study shows that the law of statehood has changed considerably since the establishment of the United Nations. It is argued that the law of self-determination is particularly relevant for explaining the international community's position regarding the general recognition, or the general denial, of statehood of different territorial entities under contemporary international law.

Author : Juan Francisco Escudero Espinosa
Publisher : Springer
Page : 204 pages
File Size : 45,7 Mb
Release : 2018-03-24
Category : Law
ISBN : 9783319726229

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Self-Determination and Humanitarian Secession in International Law of a Globalized World by Juan Francisco Escudero Espinosa Pdf

This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and its subsequent annexation by the Russian Federation in 2014. The work investigates the two cases so as to shed light on the international legal regime affecting entities that are smaller than a sovereign State. It analyzes the relevant principles of international law, the intention being to determine their scope and review them in light of the most recent practice and developments in international law. In turn, the book examines and explains the events of relevance for international law that occurred in the changing situations in Kosovo and Crimea. On the basis of these legal considerations, it explores how the international community can respond when faced with situations that may violate international law, together with the effectiveness of various measures. It also discusses whether certain situations might be legitimate as a concept could now be emerging that secession may be justified in specific circumstances, such as serious and widespread violations of basic human rights.

Author : James Summers
Publisher : Martinus Nijhoff Publishers
Page : 671 pages
File Size : 48,7 Mb
Release : 2014-04-09
Category : Law
ISBN : 9789004232969

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Peoples and International Law by James Summers Pdf

Peoples and International Law is a detailed survey of the law of self-determination with a focus on the concept of nations and peoples. It engages with different aspects of this law with particular emphasis on the drafting and implementation of international instruments. The second edition includes new coverage of the Declaration on the Rights of Indigenous Peoples and the African and Arab charters. It considers recent practice by the Human Rights Committee, Committee on Economic, Social and Cultural Rights and African Commission on Human and Peoples’ Rights dealing with the emerging political, economic and environmental aspects of the right. The book looks at the interaction of international law, nationalism and liberalism in theories of nationhood and self-determination, as well as, the historical development of the right and the decisions of international bodies. Lastly, it examines practice in this area, including new developments in remedial independence and international territorial administration.

Author : Anne Bayefsky
Publisher : BRILL
Page : 522 pages
File Size : 41,7 Mb
Release : 2021-11-15
Category : Law
ISBN : 9789004505827

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Self-Determination in International Law, Quebec and Lessons Learned by Anne Bayefsky Pdf

The case of Quebec within Canada, and the Supreme Court of Canada's case on the legality of secessionist attempts by Quebec, is one example of the tension associated with the relationship between self-determination and a right of secession. The object of the book is to render available to the international community the expert opinions and legal arguments associated with the Supreme Court of Canada's decision on the Quebec Secession Reference. The questions put to the Court in large part concerned international law, leading the parties to the Reference to seek opinions from international law experts around the world as they prepared their arguments which are presented in this book. Self-determination is an idea rooted in human dignity and its meaning and force parallel the emergence of new understandings of the nature of sovereignty and the role of international law in the protection of human rights. The UN Human Rights Committee has identified self-determination as one of the most awkward principles to define because abuse of this right could jeopardize international peace and security. Self-determination, as formulated by the International Court of Justice, requires a free and genuine expression of the will of the peoples concerned. But serious questions remain about the extent of the relationship between self-determination and a right of secession. Does self-determination legitimate internal self-government, association of some kind with another state, or statehood, and in what contexts?

Author : Antonio Cassese
Publisher : Cambridge University Press
Page : 398 pages
File Size : 50,5 Mb
Release : 1995
Category : Law
ISBN : 052163752X

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Self-Determination of Peoples by Antonio Cassese Pdf

The definitive study of the doctrine of self-determination of peoples.

Author : Manuela Melandri
Publisher : Routledge
Page : 258 pages
File Size : 42,9 Mb
Release : 2018-10-03
Category : Law
ISBN : 9780429880988

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Self-Determination, International Law and Post-Conflict Reconstruction by Manuela Melandri Pdf

The right to self-determination has played a crucial role in the process of assisting oppressed people to put an end to colonial domination. Outside of the decolonization context, however, its relevance and application has constantly been challenged and debated. This book examines the role played by self-determination in international law with regard to post-conflict state building. It discusses the question of whether self-determination protects local populations from the intervention of international state-builders in domestic affairs. With a focus on the right as it applies to the people of an independent state, it explores how self-determination concerns that arise in the post-conflict period play out in relation to the reconstruction process. The book analyses the situation in Somalia as a means of drawing out the impact and significance of the legal principle of self-determination in the process of rebuilding post-conflict institutions. In so doing, it seeks to highlight how the relevance of self-determination is often overlooked in this context.

Author : Duncan French
Publisher : Cambridge University Press
Page : 585 pages
File Size : 45,5 Mb
Release : 2013-02-21
Category : Law
ISBN : 9781107029330

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Statehood and Self-Determination by Duncan French Pdf

This detailed and timely examination of fundamental issues of statehood and recognition, self-determination and the rights of indigenous peoples includes analysis of some of the most controversial examples of disputed territorial status, including Kosovo and the Palestinian Authority.

Author : Robert McCorquodale
Publisher : Ashgate Publishing
Page : 664 pages
File Size : 40,7 Mb
Release : 2000
Category : Law
ISBN : STANFORD:36105028480445

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Self-determination in International Law by Robert McCorquodale Pdf

The right of self-determination affects many areas of international law, from sovereignty over territory and human rights to decisions on the recognition of new States and the succession of States to treaties. It also has an impact on many approaches to understanding the nature of international law and international society. This volume sets out some of the methods by which authors have dealt with the right of self-determination and provides illustrations of the applications of the right to a variety of situations.