Modern Law Of Self Determination

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Modern law and self-determination

Christian Tomuschat
Modern law and self determination Book PDF

Author : Christian Tomuschat
Publisher : Martinus Nijhoff Publishers
Page : 368 pages
File Size : 47,9 Mb
Release : 1993-09-02
Category : Law
ISBN : 0792323513

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Modern law and self-determination by Christian Tomuschat Pdf

"Modern Law of Self-Determination" examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general Balkanization' of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination. "Modern Law of Self-Determination" is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.

Modern Law of Self-Determination

Christian Tomuschat
Modern Law of Self Determination Book PDF

Author : Christian Tomuschat
Publisher : BRILL
Page : 359 pages
File Size : 40,5 Mb
Release : 2023-08-21
Category : Law
ISBN : 9789004635104

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Modern Law of Self-Determination by Christian Tomuschat Pdf

Modern Law of Self-Determination examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general `Balkanization' of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination. Modern Law of Self-Determination is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.

Statehood and the Law of Self-Determination

David Raic
Statehood and the Law of Self Determination Book PDF

Author : David Raic
Publisher : BRILL
Page : 515 pages
File Size : 45,5 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.

Deconstructing Self-Determination in International Law

Przemysław Tacik
Deconstructing Self Determination in International Law Book PDF

Author : Przemysław Tacik
Publisher : BRILL
Page : 518 pages
File Size : 45,6 Mb
Release : 2023-07-17
Category : Law
ISBN : 9789004680265

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Deconstructing Self-Determination in International Law by Przemysław Tacik Pdf

The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.

International Law and Self-Determination

Joshua Castellino
International Law and Self Determination Book PDF

Author : Joshua Castellino
Publisher : BRILL
Page : 310 pages
File Size : 48,5 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.

A History of the Self-Determination of Peoples

Jörg Fisch
A History of the Self Determination of Peoples Book PDF

Author : Jörg Fisch
Publisher : Cambridge University Press
Page : 351 pages
File Size : 42,5 Mb
Release : 2015-12-09
Category : History
ISBN : 9781107037960

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A History of the Self-Determination of Peoples by Jörg Fisch Pdf

This book examines the conceptual and political history of the right of self-determination of peoples.

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 : 55,6 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.

Self-Determination in Disputed Colonial Territories

Jamie Trinidad
Self Determination in Disputed Colonial Territories Book PDF

Author : Jamie Trinidad
Publisher : Cambridge University Press
Page : 297 pages
File Size : 42,8 Mb
Release : 2018-02-15
Category : Law
ISBN : 9781108418188

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Self-Determination in Disputed Colonial Territories by Jamie Trinidad Pdf

Analyzes the role of self-determination and territorial integrity in some of the most difficult decolonization cases.

The Theory of Self-Determination

Fernando R. Tesón
The Theory of Self Determination Book PDF

Author : Fernando R. Tesón
Publisher : Cambridge University Press
Page : 259 pages
File Size : 52,7 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.

Self-Determination of Peoples

Antonio Cassese
Self Determination of Peoples Book PDF

Author : Antonio Cassese
Publisher : Cambridge University Press
Page : 398 pages
File Size : 42,9 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.

Statehood and the Law of Self-Determination

D. Rai*c
Statehood and the Law of Self Determination Book PDF

Author : D. Rai*c
Publisher : Martinus Nijhoff Publishers
Page : 524 pages
File Size : 55,9 Mb
Release : 2002-09-25
Category : Political Science
ISBN : 904111890X

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Statehood and the Law of Self-Determination by D. Rai*c 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.

The Right to Self-determination Under International Law

Milena Sterio
The Right to Self determination Under International Law Book PDF

Author : Milena Sterio
Publisher : Routledge
Page : 226 pages
File Size : 41,7 Mb
Release : 2012-11-27
Category : Law
ISBN : 9781136188602

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

This book proposes a novel theory of self-determination; the Rule of the Great Powers. This book argues that traditional legal norms on self-determination have failed to explain and account for recent results of secessionist self-determination struggles. While secessionist groups like the East Timorese, the Kosovar Albanians and the South Sudanese have been successful in their quests for independent statehood, other similarly situated groups have been relegated to an at times violent existence within their mother states. Thus, Chechens still live without significant autonomy within Russia, and the South Ossetians and the Abkhaz have seen their conflicts frozen because of the peculiar geo-political equilibrium of power within the Caucuses region. The Rule of the Great Powers, which asserts that only those self-determination seeking entities which enjoy the support of the majority of the most powerful states (the Great Powers) will ultimately have their rights to self-determination fulfilled. The Great Powers, potent military, economic and political powerhouses such as the United States, China, Russia, Japan, the United Kingdom, France, Germany, and Italy, often dictate self-determination outcomes through their influence in global affairs. Issues of self-determination in the modern world can no longer be effectively resolved through the application of traditional legal rules; rather, resort must be had to novel theories, such as the Rule of the Great Powers. This book will be of particular interest to academics and students of law, political science and international relations.

The Theory of Self-determination

Fernando R. Tesón
The Theory of Self determination Book PDF

Author : Fernando R. Tesón
Publisher : Unknown
Page : 245 pages
File Size : 53,9 Mb
Release : 2016
Category : LAW
ISBN : 1316487660

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

"When can a group legitimately form its own state? Under international law, some groups can but others cannot. But the standard is unclear, and traditional legal analysis has failed to elucidate it. In The Theory of Self-Determination, leading scholars chart new territory in our theoretical conception of self-determination. Drawing from diverse scholarship in international law, philosophy, and political science, they attempt to move beyond the prevailing nationalist conceptions of group definition. At issue are such universal questions as, when does a group qualify as a 'people'? Does history matter? Or is it a question of ethnic status? Are these matters properly solved by popular vote? Anchored in modern analytical political philosophy but with implications for a wide range of scholarship, this volume will prove essential for scholars and practitioners of international law, global justice, and international relations"--

Secession

Marcelo G. Kohen
Secession Book PDF

Author : Marcelo G. Kohen
Publisher : Cambridge University Press
Page : 560 pages
File Size : 44,6 Mb
Release : 2006-03-21
Category : Law
ISBN : 0521849284

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Secession by Marcelo G. Kohen Pdf

This book is a comprehensive study of secession from an international law perspective.

Territorial Integrity in a Globalizing World

Abdelhamid El Ouali
Territorial Integrity in a Globalizing World Book PDF

Author : Abdelhamid El Ouali
Publisher : Springer Science & Business Media
Page : 407 pages
File Size : 45,9 Mb
Release : 2012-03-26
Category : Law
ISBN : 9783642228698

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Territorial Integrity in a Globalizing World by Abdelhamid El Ouali Pdf

This book offers a comprehensive, highly informative and interdisciplinary study on territorial integrity and the challenges globalization, self-determination and external interventions present. This study aims at not only to fill an epistemological gap in this regard, but also answer the question of whether International Law is adequately equipped to help states address these challenges. The author argues that the biggest threat that many states are confronted with today is their disintegration rather than their obsolescence, and that International Law has not often been able to prevent that eventuality. In fact, states, when they were not destroyed by war, managed to survive, thanks to the flexibility of territoriality, i.e. their ability to adjust to difficult situations as they arose. It is this understanding of adaptation that urges an increasing number of states today to revive territorial autonomy and restore an original understanding of self-determination in which democracy is a pivotal factor in establishing congruence between the states and their nations. While this move is endorsed by International Law, it is not the case for globalization; for their own sake, proponents of globalization should recognize that the states are irreplaceable as long as they remain the sole providers of protection for their peoples.