Minorities Claims From Autonomy To Secession

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Minorities' Claims: From Autonomy to Secession

Gnanapala Welhengama
Minorities Claims From Autonomy to Secession Book PDF

Author : Gnanapala Welhengama
Publisher : Routledge
Page : 341 pages
File Size : 41,9 Mb
Release : 2017-11-30
Category : Social Science
ISBN : 9781351728331

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Minorities' Claims: From Autonomy to Secession by Gnanapala Welhengama Pdf

This title was first published in 2000: An investigation of how the claims of minority groups for greater political power through 'autonomy' and 'secession' clash with the concerns of the nation-State, and how States’ refusals to respond positively to such claims contribute to the escalation of ethnic conflicts in contemporary multi-ethnic polities. In addition, this book examines the extent to which the international community is prepared to accommodate the concerns of minority groups beyond traditionally identified 'minority rights'. The validity of claims for autonomy with shared-sovereignty, autonomy as an inherent part of self-determination, autonomy as a solution to current ethnic conflicts, secessionist and irredentist movements and their impact on peace and security are analyzed in detail. Most importantly, whether minorities as such can secede from the State in which they live by virtue of self-determination is critically analyzed. The discussion of 'peoples' in the context of self-determination is the first detailed research on this subject to appear in international and human rights literature.

Ethno-Cultural Diversity and Human Rights

Gaetano Pentassuglia
Ethno Cultural Diversity and Human Rights Book PDF

Author : Gaetano Pentassuglia
Publisher : BRILL
Page : 389 pages
File Size : 49,5 Mb
Release : 2017-11-23
Category : Law
ISBN : 9789004328785

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Ethno-Cultural Diversity and Human Rights by Gaetano Pentassuglia Pdf

Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, Ethno-Cultural Diversity and Human Rights brings prominent experts together to address contested dimensions of the role of ethno-cultural groups in human rights discourse.

Identity, Self-Determination and Secession

Aleksandar Pavkovic
Identity Self Determination and Secession Book PDF

Author : Aleksandar Pavkovic
Publisher : Unknown
Page : 128 pages
File Size : 50,9 Mb
Release : 2017
Category : Electronic books
ISBN : 135115608X

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Identity, Self-Determination and Secession by Aleksandar Pavkovic Pdf

"Engaging with a range of interconnected and highly topical issues of identity, self-determination and secession, this book examines the import and implications of 'identity claims', and looks into 'identity politics' motivated by such claims, which is becoming ever more salient in democratic and culturally and ethnically heterogeneous states. It discusses nationalism as an important component of identity of individuals and groups, and a position that generates claims of self-determination and secession on the part of ethnic and cultural groups. It also examines patriotism, which until recently seemed to be on the wane, but has undergone a dramatic revival after the terrorist attacks in the US on 11 September 2001 and the start of a global 'war on terror'. The book offers a typology of facets of patriotism, an assessment of its moral standing, and a critique of the beliefs about the patria it characteristically involves. Also discussed are topics such as political liberalism vs. 'identity liberalism', the ways a liberal society should treat nonliberal communities within it, the role of heritage and remembrance in national identity, the status of national minorities as an issue of equality, arrangements concerning indigenous peoples and intrastate autonomy as an alternative to secession, and whether secession can be a legal act. The book includes contributions by prominent philosophers and political and legal theorists from Australia, Canada, Israel, and the United States."--Provided by publisher.

Democracy, Minorities and International Law

Steven Wheatley
Democracy Minorities and International Law Book PDF

Author : Steven Wheatley
Publisher : Cambridge University Press
Page : 246 pages
File Size : 52,8 Mb
Release : 2005-12-22
Category : Law
ISBN : 0521848989

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Democracy, Minorities and International Law by Steven Wheatley Pdf

This work explores the contribution that international law may make to the resolution of culture conflicts--political disputes between the members of different ethno-cultural groups--in democratic States. International law recognizes that persons belonging to minorities have the right to enjoy their own culture and peoples have the right to self-determination without detailing how these principles are to be put into effect. The emergence of democracy as a legal obligation of States permits the international community to concern itself with both the procedure and substance of 'democratic' decisions concerning ethno-cultural groups.

Self-Determination and Secession in International Law

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

Author : Christian Walter,Antje von Ungern-Sternberg,Kavus Abushov
Publisher : OUP Oxford
Page : 340 pages
File Size : 46,9 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.

Secession in International Law

Milena Sterio
Secession in International Law Book PDF

Author : Milena Sterio
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 48,7 Mb
Release : 2018-08-31
Category : Law
ISBN : 9781785361227

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Secession in International Law by Milena Sterio Pdf

Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.

Abuse

András Sajó
Abuse Book PDF

Author : András Sajó
Publisher : Eleven International Publishing
Page : 338 pages
File Size : 44,5 Mb
Release : 2006
Category : Abuse of rights
ISBN : 9789077596166

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Abuse by András Sajó Pdf

This book addresses the problem of abuse - not what is commonly understood as 'abuse of human rights' where authorities violate fundamental rights by simply denying them. Rather, it refers to authorities and individuals claiming human (fundamental) rights and the rule of law in ways that violate the fundamental rights of other people. Most contributors to this volume agree that in certain instances fundamental rights are used improperly, with troubling consequences, and that making us aware of such improprieties is necessary for the most efficient and just operation of the constitutional system. Several methods how to approach the issue are covered in this book, ranging from the use of existing doctrinal categories (e.g. conflict of rights) to developing a doctrine of abuse of rights. They help in clarifying improper uses of rights and the rule of law in constitutional and international law. The thought-provoking essays in this book are a welcome contribution to the debate if and how to deal with the negative consequences of rights-based action.

Self-determination and Secession in International Law

Christian Walter,Antje von Ungern-Sternberg,Kavus Abushov
Self determination and Secession in International Law Book PDF

Author : Christian Walter,Antje von Ungern-Sternberg,Kavus Abushov
Publisher : Oxford University Press, USA
Page : 337 pages
File Size : 49,7 Mb
Release : 2014
Category : Law
ISBN : 9780198702375

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

"The present volume is the result of co-operation on the issue of self-determination and secession with a specific focus on conflicts in the CIS region". -- PREFACE.

The Symbolic State

Karlo Basta
The Symbolic State Book PDF

Author : Karlo Basta
Publisher : McGill-Queen's Press - MQUP
Page : 269 pages
File Size : 40,7 Mb
Release : 2021-11-15
Category : Political Science
ISBN : 9780228009207

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The Symbolic State by Karlo Basta Pdf

The nation-state is a double sleight of hand, naturalizing both the nation and the state encompassing it. No such naturalization is possible in multinational states. To explain why these countries experience political crises that bring their very existence into question, standard accounts point to conflicts over resources, security, and power. This book turns the spotlight on institutional symbolism. When minority nations in multinational states press for more self-government, they are not only looking to protect their interests. They are asking to be recognized as political communities in their own right. Yet satisfying their demands for recognition threatens to provoke a reaction from members of majority nations who see such changes as a symbolic repudiation of their own vision of politics. Secessionist crises flare up when majority backlash reverses symbolic concessions to minority nations. Through a synoptic historical sweep of Canada, Spain, Yugoslavia, and Czechoslovakia, The Symbolic State shows us that institutions may be more important for what they mean than for what they do. A major contribution to the study of comparative nationalism and secession, comparative politics, and social theory, The Symbolic State is particularly timely in an era when the power of symbols – exemplified by Brexit, the Donald Trump presidency, and the rise of the Black Lives Matter movement – is reshaping politics.

Autonomy, Sovereignty, and Self-Determination

Hurst Hannum
Autonomy Sovereignty and Self Determination Book PDF

Author : Hurst Hannum
Publisher : University of Pennsylvania Press
Page : 552 pages
File Size : 43,5 Mb
Release : 1996
Category : Law
ISBN : 0812215729

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Autonomy, Sovereignty, and Self-Determination by Hurst Hannum Pdf

The content of autonomy

Secessionism

Jason Sorens
Secessionism Book PDF

Author : Jason Sorens
Publisher : McGill-Queen's Press - MQUP
Page : 234 pages
File Size : 41,8 Mb
Release : 2012
Category : Political Science
ISBN : 9780773538962

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Secessionism by Jason Sorens Pdf

An examination of the reasons independence movements remain peaceful or become violent

Kashmir in the Shadow of War

Robert G. Wirsing
Kashmir in the Shadow of War Book PDF

Author : Robert G. Wirsing
Publisher : Routledge
Page : 277 pages
File Size : 41,6 Mb
Release : 2016-09-16
Category : History
ISBN : 9781315290355

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Kashmir in the Shadow of War by Robert G. Wirsing Pdf

This timely study examines the Indian-Pakistani conflict over Kashmir as this long-standing confrontation between regional rivals became inflamed. It focuses on the period from the effective nuclearization of the dispute in 1998 to the introduction of U.S. troops into the region in connection with the war in Afghanistan. Four chapters take on key problems illustrated by this case: Regional rivalry, Intervention, Religious conflicts, Conflict resolution. The author is an advocate of international intervention in regional conflicts and does not think that leaving the contesting parties to settle their dispute (a sort of benign neglect) is a responsible U.S. policy.

Ethnic Bargaining

Erin K. Jenne
Ethnic Bargaining Book PDF

Author : Erin K. Jenne
Publisher : Cornell University Press
Page : 246 pages
File Size : 49,8 Mb
Release : 2014-05-30
Category : Political Science
ISBN : 9780801471797

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Ethnic Bargaining by Erin K. Jenne Pdf

Ethnic Bargaining introduces a theory of minority politics that blends comparative analysis and field research in the postcommunist countries of East Central Europe with insights from rational choice. Erin K. Jenne finds that claims by ethnic minorities have become more frequent since 1945 even though nation-states have been on the whole more responsive to groups than in earlier periods. Minorities that perceive an increase in their bargaining power will tend to radicalize their demands, she argues, from affirmative action to regional autonomy to secession, in an effort to attract ever greater concessions from the central government.The language of self-determination and minority rights originally adopted by the Great Powers to redraw boundaries after World War I was later used to facilitate the process of decolonization. Jenne believes that in the 1960s various ethnic minorities began to use the same discourse to pressure national governments into transfer payments and power-sharing arrangements. Violence against minorities was actually in some cases fueled by this politicization of ethnic difference.Jenne uses a rationalist theory of bargaining to examine the dynamics of ethnic cleavage in the cases of the Sudeten Germans in interwar Czechoslovakia; Slovaks and Moravians in postcommunist Czechoslovakia; the Hungarians in Romania, Slovakia, and Vojvodina; and the Albanians in Kosovo. Throughout, she challenges the conventional wisdom that partisan intervention is an effective mechanism for protecting minorities and preventing or resolving internal conflict.

Self-determination and Minority Rights in China

Linzhu Wang
Self determination and Minority Rights in China Book PDF

Author : Linzhu Wang
Publisher : BRILL
Page : 319 pages
File Size : 41,8 Mb
Release : 2018-12-10
Category : Law
ISBN : 9789004380578

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Self-determination and Minority Rights in China by Linzhu Wang Pdf

In this book Linzhu Wang offers an insightful analysis of the rights of China’s minorities from the perspective of self-determination.

Protection of Minorities

Borhan Uddin Khan,Muhammad Mahbubur Rahman
Protection of Minorities Book PDF

Author : Borhan Uddin Khan,Muhammad Mahbubur Rahman
Publisher : Cambridge Scholars Publishing
Page : 165 pages
File Size : 54,6 Mb
Release : 2013-01-16
Category : Political Science
ISBN : 9781443845717

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Protection of Minorities by Borhan Uddin Khan,Muhammad Mahbubur Rahman Pdf

We live in a world that not only sets standards for, but also professes its commitment to promoting and protecting ‘rights’. Since ours is an age of heightened public interest in auditing the actual realisation of such standards and commitment, the first major focus of this book is a critical account of international standards aimed at the protection of minorities. To that end, it concentrates on four key dimensions. Firstly, it addresses the issue of the identification of minorities as understood by international law. Secondly, it outlines a brief history on the development of international law towards improving the protection of minorities. Thirdly, it gives an overview of international instruments and mechanisms on minorities. Finally, it analyses the rights of minorities under international standards. All these dimensions point to the fact that international minority rights lag behind the development of other branches of rights. The second major focus of this book is to relate international standards on minority protection to South Asian regimes. Concentrating on India, Pakistan, Bangladesh, Nepal, Sri Lanka, Bhutan, the Maldives, and Afghanistan, an endeavor is made to examine the state of minorities and their protection under the domestic regimes. It emerges that the normative commitments of these states are more or less compatible with international standards. Nevertheless, majority-minority syndrome persistently remains as one of the causes behind multidimensional deprivation and victimization of South Asian minorities. The present book also assesses the extent to which regional cooperation in South Asia has so far contributed to extending protection to minorities. This ends with an argument that SAARC (South Asian Association for Regional Cooperation) has the potential to play a far greater role in this regard.