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Author : Jörg Fisch
Publisher : Cambridge University Press
Page : 351 pages
File Size : 51,7 Mb
Release : 2015-12-09
Category : History
ISBN : 9781107037960
This book examines the conceptual and political history of the right of self-determination of peoples.
Author : Milena Sterio
Publisher : Routledge
Page : 226 pages
File Size : 48,6 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 : Jane A. Hofbauer
Publisher : BRILL
Page : 379 pages
File Size : 51,8 Mb
Release : 2016-11-03
Category : Law
ISBN : 9789004328709
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 : Antonio Cassese
Publisher : Cambridge University Press
Page : 398 pages
File Size : 48,8 Mb
Release : 1995
Category : Law
ISBN : 052163752X
The definitive study of the doctrine of self-determination of peoples.
Author : Fernando R. Tesón
Publisher : Cambridge University Press
Page : 259 pages
File Size : 55,5 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 : Aureliu Cristescu,United Nations. Sub-commission on Prevention of Discrimination and Protection of Minorities
Publisher : New York : United Nations
Page : 142 pages
File Size : 50,9 Mb
Release : 1981
Category : Political Science
ISBN : UOM:39015027238081
Author : Johannes Socher
Publisher : Oxford University Press
Page : 289 pages
File Size : 46,6 Mb
Release : 2021-06-17
Category : Law
ISBN : 9780192651723
The right to self-determination is renowned for its lack of clear interpretation. Broadly speaking, one can differentiate between a 'classic' and a 'romantic' tradition. In modern international law, the balance between these two opposing traditions is sought in an attempt to contain or 'domesticate' the romantic version by limiting it to 'abnormal' situations, that is cases of 'alien subjugation, domination and exploitation'. This book situates Russia's engagement with the right to self-determination in this debate. It shows that Russia follows a distinct approach to self-determination that diverges significantly from the consensus view in international state practice and scholarship, partly due to a lasting legacy of the former Soviet doctrine of international law. Against the background of the Soviet Union's role in the evolution of the right to self-determination, the bulk of the study analyses Russia's relevant state practice in the post-Soviet space through the prisms of sovereignty, secession, and annexation. Drawing on analysis of all seven major secessionist conflicts in the former Soviet space and a detailed study of Russian sources and scholarship, it traces how Russian engagement with self-determination has changed over the past three decades. Ultimately, the book argues that Russia's approach to the right of peoples to self-determination should not only be understood in terms of power politics disguised as legal rhetoric but in terms of a continuously assumed regional hegemony and exceptionalism, based on balance-of-power considerations.
Author : Nihal Jayawickrama
Publisher : Cambridge University Press
Page : 1104 pages
File Size : 50,7 Mb
Release : 2002-12-12
Category : Law
ISBN : 052178042X
10 The right to life
Author : David Raic
Publisher : BRILL
Page : 515 pages
File Size : 49,7 Mb
Release : 2002-09-01
Category : Law
ISBN : 9789047403388
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 : Christian Tomuschat
Publisher : Martinus Nijhoff Publishers
Page : 368 pages
File Size : 51,6 Mb
Release : 1993-09-02
Category : Law
ISBN : 0792323513
"Modern Law of Self-Determination" examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general Balkanization' of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination. "Modern Law of Self-Determination" is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.
Author : Patricia Carley,United States Institute of Peace
Publisher : Unknown
Page : 30 pages
File Size : 52,5 Mb
Release : 1996
Category : Boundary disputes
ISBN : PURD:32754066024294
Author : Wolfgang F. Danspeckgruber
Publisher : Lynne Rienner Publishers
Page : 490 pages
File Size : 40,7 Mb
Release : 2002
Category : Political Science
ISBN : 1555877931
Focusing especially on the era since the Cold War, political scientists, other scholars, and government officials examine both empirically and conceptually the causes and impacts of people striving for self-determination and autonomy. They consider the legal, political-administrative, ethnic-cultural, economic, and strategic dimensions; and try to consider examples from all major regions. Annotation c. Book News, Inc., Portland, OR (booknews.com)
Author : Karen Knop
Publisher : Cambridge University Press
Page : 460 pages
File Size : 46,7 Mb
Release : 2002-04-18
Category : Political Science
ISBN : 9781139431927
The emergence of new states and independence movements after the Cold War has intensified the long-standing disagreement among international lawyers over the right of self-determination, especially the right of secession. Knop shifts the discussion from the articulation of the right to its interpretation. She argues that the practice of interpretation involves and illuminates a problem of diversity raised by the exclusion of many of the groups that self-determination most affects. Distinguishing different types of exclusion and the relationships between them reveals the deep structures, biases and stakes in the decisions and scholarship on self-determination. Knop's analysis also reveals that the leading cases have grappled with these embedded inequalities. Challenges by colonies, ethnic nations, indigenous peoples, women and others to the gender and cultural biases of international law emerge as integral to the interpretation of self-determination historically, as do attempts by judges and other institutional interpreters to meet these challenges.
Author : Kalana Senaratne
Publisher : Cambridge University Press
Page : 293 pages
File Size : 44,6 Mb
Release : 2021-08-05
Category : Law
ISBN : 9781108484404
A clear and accessible study of the principle of internal self-determination in international law.
Author : Manuela Melandri
Publisher : Routledge
Page : 258 pages
File Size : 52,5 Mb
Release : 2018-10-03
Category : Law
ISBN : 9780429880988
The right to self-determination has played a crucial role in the process of assisting oppressed people to put an end to colonial domination. Outside of the decolonization context, however, its relevance and application has constantly been challenged and debated. This book examines the role played by self-determination in international law with regard to post-conflict state building. It discusses the question of whether self-determination protects local populations from the intervention of international state-builders in domestic affairs. With a focus on the right as it applies to the people of an independent state, it explores how self-determination concerns that arise in the post-conflict period play out in relation to the reconstruction process. The book analyses the situation in Somalia as a means of drawing out the impact and significance of the legal principle of self-determination in the process of rebuilding post-conflict institutions. In so doing, it seeks to highlight how the relevance of self-determination is often overlooked in this context.
