Morality And Legality Of Secession

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Morality and Legality of Secession

Pau Bossacoma Busquets
Morality and Legality of Secession Book PDF

Author : Pau Bossacoma Busquets
Publisher : Springer Nature
Page : 393 pages
File Size : 43,8 Mb
Release : 2019-11-19
Category : Law
ISBN : 9783030265892

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Morality and Legality of Secession by Pau Bossacoma Busquets Pdf

This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The author first develops a moral theory of secession based on a hypothetical multinational contract. Under this contract theory, injustices do not determine the existence of a right to secede, but the requirements to exercise it. The book’s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession. Therefore, justice as multinational fairness is to be fully institutionalized under the constitutional law of liberal democracies. The final part proposes constitutionalizing a qualified right to secede with the aim of fostering recognition and accommodation of national pluralism as well as cooperation and compromise between majority and minority nations.

Secession

Allen Buchanan
Secession Book PDF

Author : Allen Buchanan
Publisher : Westview Press
Page : 202 pages
File Size : 42,7 Mb
Release : 1991-09-25
Category : Philosophy
ISBN : UOM:39015021979839

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Secession by Allen Buchanan Pdf

This is the first book-length treatment of an increasingly crucial topic. Professor Buchanan develops a coherent theory of the conditions under which secession is morally justifiable and applies it to historical and contemporary examples. Buchanan locates his account of the right to secede in the broader context of contemporary political thought, introducing readers to influential accounts of political society, such as contractarianism and communitarianism, and showing how the possibility of secession fits into a more complete account of political community and political obligation.This is an important book, not just for political and social theorists, but for any reader concerned with the future of troubled political federations and other states under conditions of ethnic and cultural pluralism.

Between Democracy and Law

Carlos Closa,Costanza Margiotta,Giuseppe Martinico
Between Democracy and Law Book PDF

Author : Carlos Closa,Costanza Margiotta,Giuseppe Martinico
Publisher : Routledge
Page : 178 pages
File Size : 54,8 Mb
Release : 2019-09-30
Category : Law
ISBN : 9780429626807

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Between Democracy and Law by Carlos Closa,Costanza Margiotta,Giuseppe Martinico Pdf

This volume purports to explore the legal and political issues triggered by the new wave of secessionism. More specifically, those issues concern the interplay between notions of democracy (and democratic ends and means) and law (and the rule of law and constitutionalism). Against this background, the editors use amorality in order to escape the terrain of the justification of secession by making a distinction between the democratic theory of secession and the theory of democratic secession. In the first section, the theoretical nexus democracy-secession has been approached both from a legal and political theory perspective. The second section of the book examines the instruments that the theory of democratic secession invokes in order to justify secession and presents both legal and political science contributions. The third section focuses on social movements and political actors. The fourth section focuses on two case studies due to the awareness of the importance of the difference between secession in a democratic occidental context (which call into play the discussion of the democratic theories) and separations in a non-democratic context (where the nexus between secession and democracy is not really central).

A Theory of Secession

Christopher Heath Wellman
A Theory of Secession Book PDF

Author : Christopher Heath Wellman
Publisher : Cambridge University Press
Page : 224 pages
File Size : 55,7 Mb
Release : 2005-09-05
Category : Law
ISBN : 0521849152

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A Theory of Secession by Christopher Heath Wellman Pdf

This 2005 book presents an argument for the right of groups to secede, offering a thorough and unapologetic defense.

Secession as an International Phenomenon

Don Harrison Doyle
Secession as an International Phenomenon Book PDF

Author : Don Harrison Doyle
Publisher : University of Georgia Press
Page : 409 pages
File Size : 44,5 Mb
Release : 2010
Category : History
ISBN : 9780820330082

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Secession as an International Phenomenon by Don Harrison Doyle Pdf

About half of today’s nation-states originated as some kind of breakaway state. The end of the Cold War witnessed a resurgence of separatist activity affecting nearly every part of the globe and stimulated a new generation of scholars to consider separatism and secession. With the approach of the 150th anniversary of the American Civil War, this collection of essays allows us to view one of the bloodiest conflicts over secession in modern history within a broader international context. The contributors to this volume consider a wide range of topics related to secession, separatism, and the nationalist passions that inflame such conflicts. The first section of the book examines ethical and moral dimensions of secession, while subsequent sections look at the American Civil War, conflicts in the Gulf of Mexico, European separatism, and conflicts in the Middle East, Asia, and Africa. The contributors to this book have no common position advocating or opposing secession in principle or in any particular case. All understand it, however, as a common feature of the modern world and as a historic phenomenon of international scope. Some contributors propose that “political divorce,” as secession has come to be called, ought to be subject to rational arbitration and ethical norms, instead of being decided by force. Along with these hopes for the future, Secession as an International Phenomenon offers a somber reminder of the cost the United States paid when reason failed and war was left to resolve the issue.

Contextualizing Secession

Bruno Coppieters,Richard Sakwa
Contextualizing Secession Book PDF

Author : Bruno Coppieters,Richard Sakwa
Publisher : OUP Oxford
Page : 300 pages
File Size : 45,5 Mb
Release : 2003-07-17
Category : Political Science
ISBN : 9780191531736

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Contextualizing Secession by Bruno Coppieters,Richard Sakwa Pdf

In a world where the traditional territorial organisation of the state is coming under increasing challenge from pressures from above (globalisation) and from below (struggles for federalisation and secession), the theoretical and practical questions concerning secessionist struggles become ever more acute. It is these questions that this volume addresses. Why do some struggles for autonomy take acute forms, above all violent struggles for secession (for example, Chechnya), while others remain within the framework of constitutional politics (for example, Tatarstan and Quebec)? Under what conditions does a distinct political community have the right to secede from another, and how should this process be managed? Our ten case studies seek to answer these questions on the basis of the application of just war theory to the normative and practical issues concerning the secession struggles in these regions. The Introduction sets out the theoretical issues, and then each case study provides a rich mix of theoretical and empirical material, and some of the broader issues are then drawn together in the concluding chapter. The book focuses on four key themes that are central to the ethics of secession. The first examines normative issues, in particular the tension between 'choice' theories and those based on remedial 'just cause' arguments. The second discusses the problem of violence in secessionist struggles and the ensuing relationship between just war theory and the ethics of secession. The third problem is the relationship between nationhood and citizenship, and in particular the problem of applying what has now become a conventional distinction between ethnic and civic representations of the political community. Finally, the contentious issue of sovereignty and the way that it frames debates about self-determination. With each of these themes, the application of general moral principles to particular historical contexts opens up new avenues of research. This book is essential reading for those who wish to understand both the theoretical and practical issues concerning secession struggles in the world today.

Justice, Legitimacy, and Self-Determination

Allen Buchanan
Justice Legitimacy and Self Determination Book PDF

Author : Allen Buchanan
Publisher : OUP Oxford
Page : 528 pages
File Size : 54,6 Mb
Release : 2003-08-21
Category : Political Science
ISBN : 9780191522468

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Justice, Legitimacy, and Self-Determination by Allen Buchanan Pdf

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan

Territorial Politics and Secession

Martin Belov
Territorial Politics and Secession Book PDF

Author : Martin Belov
Publisher : Springer Nature
Page : 315 pages
File Size : 51,7 Mb
Release : 2021-03-29
Category : Political Science
ISBN : 9783030644024

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Territorial Politics and Secession by Martin Belov Pdf

This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo. Second, the book provides a multidiscoursive approach which combines the efforts of constitutional and comparative constitutional law scholars with international lawyers, EU lawyers and specialists in international relations. This allows for multifaceted and, in that regard, more adequate, balanced and rich analysis of secession and the other forms of revolutionary territorial politics.

Age of Secession

Ryan D. Griffiths
Age of Secession Book PDF

Author : Ryan D. Griffiths
Publisher : Cambridge University Press
Page : 283 pages
File Size : 47,7 Mb
Release : 2016-10-27
Category : Political Science
ISBN : 9781107161627

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Age of Secession by Ryan D. Griffiths Pdf

A novel analysis of secessionist movements, explaining state response, the likelihood of conflict, and the proliferation of states since 1945.

The Thin Justice of International Law

Steven R. Ratner
The Thin Justice of International Law Book PDF

Author : Steven R. Ratner
Publisher : OUP Oxford
Page : 500 pages
File Size : 47,7 Mb
Release : 2015-01-15
Category : Law
ISBN : 9780191009112

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The Thin Justice of International Law by Steven R. Ratner Pdf

In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

Secession, State, and Liberty

David Gordon
Secession State and Liberty Book PDF

Author : David Gordon
Publisher : Routledge
Page : 392 pages
File Size : 53,6 Mb
Release : 2017-09-29
Category : Political Science
ISBN : 9781351491709

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Secession, State, and Liberty by David Gordon Pdf

The political impulse to secede - to attempt to separate from central government control - is a conspicuous feature of the post-cold war world. It is alive and growing in Canada, Russia, China, Italy, Belgium, Britain, and even the United States Yet secession remains one of the least studied and least understood of all historical and political phenomena. The contributors to this volume have filled this gap with wide-ranging investigations - rooted in history, political philosophy, ethics, and economic theory - of secessionist movements in the United States, Canada, and Europe.

Ethics and Foreign Intervention

Deen K. Chatterjee,Don E. Scheid
Ethics and Foreign Intervention Book PDF

Author : Deen K. Chatterjee,Don E. Scheid
Publisher : Cambridge University Press
Page : 324 pages
File Size : 41,8 Mb
Release : 2003-07-17
Category : Law
ISBN : 0521009049

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Ethics and Foreign Intervention by Deen K. Chatterjee,Don E. Scheid Pdf

This book is a collection of original essays by some of the leading moral and political thinkers of our time on the ethical and legal implications of humanitarian military intervention. As the rules for the new world order are worked out in the aftermath of the Cold War, this issue is likely to arise more and more frequently, and the moral implications of such interventions will become a major focus for international law, the United Nations, regional organizations such as NATO, and the foreign policies of nations. The essays collected here present a variety of normative perspectives on topics such as the just-war theory and its limits, secession and international law, and new approaches toward the moral legitimacy of intervention. They form a challenging and timely volume that will interest political philosophers, political theorists, readers in law and international relations, and anyone interested in moral dimensions of international affairs.

Secession

Marcelo G. Kohen
Secession Book PDF

Author : Marcelo G. Kohen
Publisher : Cambridge University Press
Page : 560 pages
File Size : 52,7 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.

Canada and the Ethics of Constitutionalism

Samuel V. Laselva
Canada and the Ethics of Constitutionalism Book PDF

Author : Samuel V. Laselva
Publisher : Unknown
Page : 343 pages
File Size : 41,9 Mb
Release : 2018-12-30
Category : Philosophy
ISBN : 9780773555310

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Canada and the Ethics of Constitutionalism by Samuel V. Laselva Pdf

A new perspective on the Canadian Constitution that focuses on Canada's distinctive contribution to constitutional ethics.

National Self-determination and Secession

Margaret Moore (Ph. D.)
National Self determination and Secession Book PDF

Author : Margaret Moore (Ph. D.)
Publisher : Oxford University Press
Page : 296 pages
File Size : 40,6 Mb
Release : 1998
Category : Law
ISBN : 9780198293842

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National Self-determination and Secession by Margaret Moore (Ph. D.) Pdf

Recently, numerous multi-national states have disintegrated along national lines, and today many more continue to witness bitter secessionist struggles. This study brings together a series of essays on the ethics of secession.