Secessionist Rule

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Secessionist Rule

Author : Franziska Smolnik
Publisher : Campus Verlag
Page : 427 pages
File Size : 51,9 Mb
Release : 2016-09-08
Category : Political Science
ISBN : 9783593506296

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Secessionist Rule by Franziska Smolnik Pdf

In this timely investigation of secessionist entities in post-Soviet territories, Smolnik explores how political authority is organized, produced, and reproduced in conditions of violent conflict. Drawing on case studies of unrecognized or only partially recognized states in the South Caucasus, she shows that so-called low-level violent conflicts may significantly influence the form and functioning of political rule and thereby have a considerable impact on the empowerment and disempowerment of local actors. Offering fresh insight into the connections between violence and political power, Secessionist Rule not only contributes to the political sociology of violent conflict, but also adds to our knowledge of the largely understudied internal dynamics of de facto states.

The Canadian Contribution to a Comparative Law of Secession

Author : Giacomo Delledonne,Giuseppe Martinico
Publisher : Springer
Page : 286 pages
File Size : 53,5 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.

Between Democracy and Law

Author : Carlos Closa,Costanza Margiotta,Giuseppe Martinico
Publisher : Routledge
Page : 178 pages
File Size : 42,8 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).

Territorial Politics and Secession

Author : Martin Belov
Publisher : Springer Nature
Page : 315 pages
File Size : 54,9 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.

Secession in International Law

Author : Milena Sterio
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 46,8 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

Author : Marcelo G. Kohen
Publisher : Cambridge University Press
Page : 560 pages
File Size : 53,5 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.

The Right to Self-determination Under International Law

Author : Milena Sterio
Publisher : Routledge
Page : 226 pages
File Size : 55,7 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.

Creating New States

Author : Aleksandar Pavkovic,Peter Radan
Publisher : Routledge
Page : 319 pages
File Size : 44,8 Mb
Release : 2016-05-13
Category : Political Science
ISBN : 9781317158462

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Creating New States by Aleksandar Pavkovic,Peter Radan Pdf

Secession is the creation of a new independent state out of an existing state. This key volume examines the political, social and legal processes of the practice of secession. Following an analysis of secessionist movements and their role in attempts at secession, eight case studies are explored to illustrate peaceful, violent, sequential and recursive secessions. This is followed by a look at the theoretical approaches and a discussion that focuses on the economic causes. Normative theories of secession are discussed as well as the status of secession in legal theory and practice. The book systematizes our present knowledge of secessions in an accessible way to readers not familiar with the phenomenon and its consequences. It is ideal as a supplementary text to courses on contemporary political and social movements, applied ethics and political philosophy, international relations and international law, state sovereignty and state formation.

On State Secession from International Law Perspectives

Author : Jing Lu
Publisher : Springer
Page : 296 pages
File Size : 51,5 Mb
Release : 2018-10-30
Category : Law
ISBN : 9783319974484

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On State Secession from International Law Perspectives by Jing Lu Pdf

This book provides essential legal information on state secession in an innovative manner: unlike conventional approaches, which invariably focus on whether there is a right to secession, here the discussion centers on how secessionist conflicts can be effectively resolved. To that end, the book not only reveals the inadequacy of the current international legal framework, but also carefully considers how relevant actors can work to improve the legal system. In short, it argues that secessionists and non-secessionists should conclude an agreement to reconcile their conflicting rights to self-determination, while external actors should do their utmost to ensure the success of these efforts. Positive external involvement requires external actors to refrain from the use of force and to participate more rationally in secessionist conflicts. Given its subject matter, the book will appeal to a broad readership, including students and researchers in international law, international relations and ethnic studies, as well as enthusiasts in these fields.

Secession

Author : Allen Buchanan
Publisher : Westview Press
Page : 202 pages
File Size : 51,9 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.

Constitutional Law and Politics of Secession

Author : Antoni Abat i Ninet
Publisher : Taylor & Francis
Page : 283 pages
File Size : 49,5 Mb
Release : 2023-07-31
Category : Law
ISBN : 9781000919318

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Constitutional Law and Politics of Secession by Antoni Abat i Ninet Pdf

This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.

Minorities' Claims: From Autonomy to Secession

Author : Gnanapala Welhengama
Publisher : Routledge
Page : 341 pages
File Size : 40,6 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 and Self-Determination

Author : Laurance S Rockefeller Professor of Politics and the University Center for Human Values Stephen Macedo,Stephen Macedo,Allen Buchanan,Professor of Public Policy and Philosophy Allen Buchanan
Publisher : NYU Press
Page : 336 pages
File Size : 40,7 Mb
Release : 2003-12
Category : Political Science
ISBN : 9780814756898

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Secession and Self-Determination by Laurance S Rockefeller Professor of Politics and the University Center for Human Values Stephen Macedo,Stephen Macedo,Allen Buchanan,Professor of Public Policy and Philosophy Allen Buchanan Pdf

The many questions that surround movements for secession and self-determination are both practically urgent and theoretically perplexing. The United States settled its secession crisis in the 1860s. But the trauma and unfinished business of those events are still with us. Around the world secession and self-determination are the key issues that cause strife and instability. This volume provides an unusually comprehensive consideration of the many challenges of law and political philosophy that accompany them, and offers theoretical insights that provide guidance for policy. Among the questions considered are: should the international community recognize a right to secede and, if so, what conditions must be satisfied before the right can be asserted? Should secession and its conditions be recognized within domestic constitutions? Secession is the most extreme form of political separation and there are modes of self-determination short of it, including indigenous peoples' self-government and minority language rights. To what degree can these intrastate autonomy arrangements help ameliorate the injustices faced by indigenous groups?

Boundaries and Secession in Africa and International Law

Author : Dirdeiry M. Ahmed
Publisher : Cambridge University Press
Page : 321 pages
File Size : 49,7 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.

Secession, State, and Liberty

Author : David Gordon
Publisher : Routledge
Page : 392 pages
File Size : 49,9 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.