Secession In International Law

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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 : 44,8 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 : 52,6 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.

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.

Self-Determination and Humanitarian Secession in International Law of a Globalized World

Juan Francisco Escudero Espinosa
Self Determination and Humanitarian Secession in International Law of a Globalized World Book PDF

Author : Juan Francisco Escudero Espinosa
Publisher : Springer
Page : 204 pages
File Size : 44,5 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.

Boundaries and Secession in Africa and International Law

Dirdeiry M. Ahmed
Boundaries and Secession in Africa and International Law Book PDF

Author : Dirdeiry M. Ahmed
Publisher : Cambridge University Press
Page : 321 pages
File Size : 42,8 Mb
Release : 2015-12-11
Category : History
ISBN : 9781107117983

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Boundaries and Secession in Africa and International Law by Dirdeiry M. Ahmed Pdf

This book challenges the central assumption of the law of territory by establishing that uti possidetis is not a general principle of law, and arguing that African customary rules were generated. It includes in-depth coverage of African secession, with issues of human rights law, self-determination and political science presented in a new light.

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 : 51,5 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.

Territorial Politics and Secession

Martin Belov
Territorial Politics and Secession Book PDF

Author : Martin Belov
Publisher : Springer Nature
Page : 315 pages
File Size : 45,6 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.

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 : 40,9 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.

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 : 47,9 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.

Secession

Allen Buchanan
Secession Book PDF

Author : Allen Buchanan
Publisher : Westview Press
Page : 202 pages
File Size : 51,5 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.

Self-Determination in International Law, Quebec and Lessons Learned

Anne Bayefsky
Self Determination in International Law Quebec and Lessons Learned Book PDF

Author : Anne Bayefsky
Publisher : BRILL
Page : 522 pages
File Size : 46,7 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?

The Canadian Contribution to a Comparative Law of Secession

Giacomo Delledonne,Giuseppe Martinico
The Canadian Contribution to a Comparative Law of Secession Book PDF

Author : Giacomo Delledonne,Giuseppe Martinico
Publisher : Springer
Page : 286 pages
File Size : 51,6 Mb
Release : 2018-12-11
Category : Political Science
ISBN : 9783030034696

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The Canadian Contribution to a Comparative Law of Secession by Giacomo Delledonne,Giuseppe Martinico Pdf

This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.

The Creation of States in International Law

James R. Crawford
The Creation of States in International Law Book PDF

Author : James R. Crawford
Publisher : Oxford University Press
Page : 128 pages
File Size : 42,9 Mb
Release : 2007-03-15
Category : Law
ISBN : 9780191511950

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The Creation of States in International Law by James R. Crawford Pdf

Statehood in the early 21st century remains as much a central problem as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.

International Law and Self-Determination

Joshua Castellino
International Law and Self Determination Book PDF

Author : Joshua Castellino
Publisher : BRILL
Page : 310 pages
File Size : 50,8 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.

Age of Secession

Ryan D. Griffiths
Age of Secession Book PDF

Author : Ryan D. Griffiths
Publisher : Cambridge University Press
Page : 283 pages
File Size : 40,8 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.