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Author : Juan Francisco Escudero Espinosa
Publisher : Unknown
Page : 204 pages
File Size : 43,8 Mb
Release : 2017
Category : International relations
ISBN : 3319726234
Author : Christian Walter,Antje von Ungern-Sternberg,Kavus Abushov
Publisher : OUP Oxford
Page : 340 pages
File Size : 43,5 Mb
Release : 2014-06-05
Category : Law
ISBN : 9780191006913
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.
Author : Miriam Bak Mckenna
Publisher : BRILL
Page : 234 pages
File Size : 55,9 Mb
Release : 2022-11-28
Category : Law
ISBN : 9789004479197
The book adopts a new approach to self-determination’s international legal history, tracing the ways in which various actors have sought to reinvent self-determination in different juridical, political, and economic iterations to create the conditions for global transformation.
Author : Anne F. Bayefsky
Publisher : Martinus Nijhoff Publishers
Page : 538 pages
File Size : 42,8 Mb
Release : 2000-03-04
Category : Law
ISBN : 9041111549
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?
Author : Joshua Castellino
Publisher : Martinus Nijhoff Publishers
Page : 318 pages
File Size : 41,9 Mb
Release : 2000-09-14
Category : Law
ISBN : 9041114092
TABLE OF UN DOCUMENTS.
Author : Milena Sterio
Publisher : Routledge
Page : 226 pages
File Size : 46,7 Mb
Release : 2013
Category : Law
ISBN : 9780415668187
Presents the legal cases for self-determination in East Timor, Kosovo, Chechnya, Georgia (South Ossetia and Abkhazia) and in South Sudan.
Author : Juan Francisco Escudero Espinosa
Publisher : Springer
Page : 204 pages
File Size : 54,5 Mb
Release : 2018-03-24
Category : Law
ISBN : 9783319726229
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.
Author : Robert McCorquodale
Publisher : Ashgate Publishing
Page : 664 pages
File Size : 50,7 Mb
Release : 2000
Category : Law
ISBN : STANFORD:36105028480445
The right of self-determination affects many areas of international law, from sovereignty over territory and human rights to decisions on the recognition of new States and the succession of States to treaties. It also has an impact on many approaches to understanding the nature of international law and international society. This volume sets out some of the methods by which authors have dealt with the right of self-determination and provides illustrations of the applications of the right to a variety of situations.
Author : Natalija Shikova
Publisher : Springer Nature
Page : 276 pages
File Size : 52,6 Mb
Release : 2023-08-28
Category : Law
ISBN : 9783031343223
This book offers a comprehensive summary of extant international law scholarship on the topics of self-determination and secession and positions the concepts among present-day theory and relevant practice, illustrated through various ongoing cases and historical examples. The right to self-determination is among the least understood rights within international law. Theoretical dilemmas – as to whether there is a link between self-determination and secession – are nothing new. In essence, self-determination is a much broader concept than secession and obtaining independent statehood. Unilateral secession is not prohibited by international law, but neither is it per se welcomed or accepted in practice. Beyond the context of decolonization, secession claims have long been viewed with disapproval in international law, and lawyers have been extremely skeptical about the issue. Although this is still the case, there are also new trends and opportunities to explore situations in which secession can be accepted, legitimized, or even legally permissible. The yardstick for this is the diplomatic response to secessionism and the growing involvement of the international community in mediation and conflict resolution. Though finding solutions can be difficult, within the existing frame, the ongoing tension between the duty of every society to recognize pluralism and diversity on the one hand, and the inherent desire of every culture – whether majority, minority or indigenous – to protect its values and ensure conformity on the other, must be resolved. The practices and modalities that envisage the internal dimension of the right to self-determination as a right that is exercised within the state borders can offer such opportunities. The appropriate role of the state and the international community is to serve as mediators between competing forces and to set parameters that can transform destructive conflicts into productive political models.
Author : Patricia Carley,United States Institute of Peace
Publisher : Unknown
Page : 30 pages
File Size : 52,8 Mb
Release : 1996
Category : Boundary disputes
ISBN : PURD:32754066024294
Author : Fernando R. Tesón
Publisher : Cambridge University Press
Page : 259 pages
File Size : 45,6 Mb
Release : 2016-04-06
Category : Law
ISBN : 9781107119130
In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.
Author : Allen Buchanan
Publisher : OUP Oxford
Page : 528 pages
File Size : 52,5 Mb
Release : 2003-08-21
Category : Political Science
ISBN : 9780191522468
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
Author : U. O. Umozurike
Publisher : [Hamden, Conn.] : Archon Books
Page : 352 pages
File Size : 48,9 Mb
Release : 1972
Category : Law
ISBN : STANFORD:36105004670282
Author : Julie Dahlitz
Publisher : United Nations Publications
Page : 0 pages
File Size : 41,6 Mb
Release : 2003
Category : International law
ISBN : 9210001435
This publication has been prepared under the auspices of the Consortium on International Dispute Resolution (CIDIR) and based on the discussions of regional conferences held in Geneva, Moscow, Sydney, California and the Hague during the period 2000-01. It explores the principles and rules of international law regarding the fragmentation of states and growth of secessionist movements, with the aim of conflict prevention. It focuses on the issues of sovereignty, self defence, self determination and humanitarian law; and aspects considered include fundamental legal concepts and evolving principles, as well as case studies of self-determination and secessionist movements in Quebec, Canada; Puerto Rico; and Latin America.
Author : Milena Sterio
Publisher : Unknown
Page : 9 pages
File Size : 47,9 Mb
Release : 2018
Category : Electronic
ISBN : OCLC:1041112935