Self Determination In International Law Quebec And Lessons Learned

Author : Anne Bayefsky
Publisher : BRILL
Page : 522 pages
File Size : 54,5 Mb
Release : 2021-11-15
Category : Law
ISBN : 9789004505827

Get Book

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?

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 44,8 Mb
Release : 2000
Category : Electronic
ISBN : OCLC:822642390

Get Book

Self-determination in International Law by Anonim Pdf

Author : Christian Walter,Antje von Ungern-Sternberg,Kavus Abushov
Publisher : OUP Oxford
Page : 340 pages
File Size : 44,5 Mb
Release : 2014-06-05
Category : Law
ISBN : 9780191006913

Get Book

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.

Author : Alexandra Xanthaki
Publisher : Cambridge University Press
Page : 21 pages
File Size : 51,7 Mb
Release : 2007-05-17
Category : Law
ISBN : 9781139461733

Get Book

Indigenous Rights and United Nations Standards by Alexandra Xanthaki Pdf

The debate on indigenous rights has revealed some serious difficulties for current international law, posed mainly by different understandings of important concepts. This book explores the extent to which indigenous claims, as recorded in the United Nations forums, can be accommodated by international law. By doing so, it also highlights how the indigenous debate has stretched the contours and ultimately evolved international human rights standards. The book first reflects on the international law responses to the theoretical arguments on cultural membership. After a comprehensive analysis of the existing instruments on indigenous rights, the discussion turns to self-determination. Different views are assessed and a fresh perspective on the right to self-determination is outlined. Ultimately, the author refuses to shy away from difficult questions and challenging issues and offers a comprehensive discussion of indigenous rights and their contribution to international law.

Author : Milena Sterio
Publisher : Routledge
Page : 226 pages
File Size : 43,7 Mb
Release : 2013
Category : Law
ISBN : 9780415668187

Get Book

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.

Author : Donald Clark,Robert Williamson
Publisher : Springer
Page : 466 pages
File Size : 47,6 Mb
Release : 2016-07-27
Category : Political Science
ISBN : 9781349249183

Get Book

Self-Determination by Donald Clark,Robert Williamson Pdf

This is a significant contribution to the worldwide discussion of political self-determination as a source of socio-cultural and political hope, conflict and confusion. Inspired by Martin Ennals, long the quietly visionary Director-General of Amnesty International, the book consists of cases and penetratingly definitive analyses, culminating in trenchant recommendations for action by world bodies. With self-determination intensely at issue so widely, from the former Yugoslavia to Kashmir to Quebec, this distinguished book by a global group of experts is particularly timely.

Author : David Raic
Publisher : BRILL
Page : 515 pages
File Size : 43,5 Mb
Release : 2002-09-01
Category : Law
ISBN : 9789047403388

Get Book

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.

Author : Joshua Castellino
Publisher : BRILL
Page : 310 pages
File Size : 55,9 Mb
Release : 2021-07-26
Category : Law
ISBN : 9789004480896

Get Book

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.

Author : Robert McCorquodale
Publisher : Ashgate Publishing
Page : 664 pages
File Size : 46,6 Mb
Release : 2000
Category : Law
ISBN : STANFORD:36105028480445

Get Book

Self-determination in International Law by Robert McCorquodale Pdf

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 : U. O. Umozurike
Publisher : [Hamden, Conn.] : Archon Books
Page : 352 pages
File Size : 40,8 Mb
Release : 1972
Category : Law
ISBN : STANFORD:36105004670282

Get Book

Self-determination in International Law by U. O. Umozurike Pdf

Author : Giacomo Delledonne,Giuseppe Martinico
Publisher : Springer
Page : 286 pages
File Size : 40,9 Mb
Release : 2018-12-11
Category : Political Science
ISBN : 9783030034696

Get Book

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.

Author : Patricia Carley,United States Institute of Peace
Publisher : Unknown
Page : 30 pages
File Size : 51,7 Mb
Release : 1996
Category : Boundary disputes
ISBN : PURD:32754066024294

Get Book

Self-determination by Patricia Carley,United States Institute of Peace Pdf

Author : Jane A. Hofbauer
Publisher : BRILL
Page : 379 pages
File Size : 47,6 Mb
Release : 2016-11-03
Category : Law
ISBN : 9789004328709

Get Book

Sovereignty in the Exercise of the Right to Self-Determination by Jane A. Hofbauer Pdf

In Sovereignty in the Exercise of the Right to Self-Determination Jane Hofbauer explores to what extent (indigenous) peoples can be designated as sovereign entities through the exercise of different tiers of self-determination.

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

Get Book

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.

Author : W. Ofuatey-Kodjoe
Publisher : New York : Nellen Publishing Company
Page : 264 pages
File Size : 50,7 Mb
Release : 1977
Category : Colonies (International law)
ISBN : UOM:49015000598939

Get Book

The Principle of Self-determination in International Law by W. Ofuatey-Kodjoe Pdf