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Author: Marc Weller Publisher: BRILL ISBN: 904742834X Category : Law Languages : en Pages : 224
Book Description
There is new movement in the discussion about self-determination and statehood. The contested declaration of independence by Kosovo and Russia’s recognition of the purported independence of Abkhasia and South Ossetia have caused significant controversy. These developments may well put an end to the attempt by governments to keep in place the highly restricted doctrine of self-determination that has previously only been made available in the colonial context. This monograph argues that classical self-determination, narrowly conceived in the colonial context. cannot contribute to the resolution of the presently ongoing self-determination conflicts around the world. However, this study finds that over the past few years a new practice of addressing self-determination conflicts has emerged. This practice significantly extends our understanding of the legal right to self-determination and of the means that can be brought to bear in terminating secessionist conflicts.
Author: Marc Weller Publisher: BRILL ISBN: 904742834X Category : Law Languages : en Pages : 224
Book Description
There is new movement in the discussion about self-determination and statehood. The contested declaration of independence by Kosovo and Russia’s recognition of the purported independence of Abkhasia and South Ossetia have caused significant controversy. These developments may well put an end to the attempt by governments to keep in place the highly restricted doctrine of self-determination that has previously only been made available in the colonial context. This monograph argues that classical self-determination, narrowly conceived in the colonial context. cannot contribute to the resolution of the presently ongoing self-determination conflicts around the world. However, this study finds that over the past few years a new practice of addressing self-determination conflicts has emerged. This practice significantly extends our understanding of the legal right to self-determination and of the means that can be brought to bear in terminating secessionist conflicts.
Author: Andrew Coleman Publisher: Routledge ISBN: 1135115923 Category : Law Languages : en Pages : 372
Book Description
Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being ‘intra-state’ wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high. This book explores the relationship between recognition, statehood and self-determination, and shows how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the potential to become violent. The book goes on to investigate whether the International Court of Justice, as the primary judicial organ of the United Nations, could successfully resolve questions of self-determination through the application of legal analysis and principles of international law. By evaluating the strengths, weaknesses and effectiveness of the Court’s advisory jurisdiction, Andrew Coleman asks whether the ICJ is a suitable forum for these questions, and asks what changes would be necessary to provide an effective means for the peaceful "birth" of States.
Author: Jamie Trinidad Publisher: Cambridge University Press ISBN: 1108304788 Category : Law Languages : en Pages : 297
Book Description
Self-Determination in Disputed Colonial Territories addresses the relationship between self-determination and territorial integrity in some of the most difficult decolonization cases in international law. It investigates historical cases, such as Hong Kong and the French and Portuguese territories in India, as well as cases that remain very much alive today, such as the Western Sahara, Gibraltar, the Falkland Islands and the Chagos Islands. This book provides a comprehensive analysis of colonial territories that are, or have been, the subject of adverse third-party claims, invariably by their neighbouring states. Self-Determination in Disputed Colonial Territories takes a contextual, historical approach to mapping the existing law and will be of interest to international lawyers, as well as scholars of international relations and students of the history of decolonization.
Author: Kristina Roepstorff Publisher: Routledge ISBN: 1136177949 Category : Political Science Languages : en Pages : 209
Book Description
Since the formation of the UN in 1945 the international community has witnessed a number of violent self-determination conflicts such as the disintegration of Yugoslavia, Chechnya, Kashmir, and South Sudan that have been a major cause of humanitarian crises and destruction. This book examines the scope and applicability of political self-determination beyond the decolonisation process. Explaining the historical evolution of self-determination, this book provides a theoretical examination of the concept and background. Taking an interdisciplinary approach, the author analyses self-determination in relation to contemporary conflicts, which inform and drive a coherent theoretical framework for international responses to claims for self-determination. Built upon an examination of the conceptual foundations of self-determination, this book presents a new understanding and application of self-determination. It addresses the important question of whether self-determination claims legitimate armed violence, either by the self-determining group’s right to rebel, or by the international community in the form of humanitarian intervention. The Politics of Self-Determination will be of interest to students and scholars of political science, international relations, security studies and conflict studies.
Author: Jane A. Hofbauer Publisher: BRILL ISBN: 900432870X Category : Law Languages : en Pages : 379
Book Description
Sovereignty in the Exercise of the Right to Self-Determination detangles the relationship between a number of principles of international law and the exercise of sovereign power. Jane Hofbauer’s assessment is conducted through an analysis of the different tiers of self-determination, ranging from the right to exercise external self-determination, the right to exercise forms of autonomy as a form of de facto independence, and the right to a type of ‘spatial’ independence, exemplified through the principles of permanent sovereignty over natural resources (PSNR), and free, prior and informed consent (FPIC). The book not only highlights the (intentional) uncertainties within each of these principles, but identifies the (non-discretionary) limits to their normative evolution. It thereby explores to what extent (indigenous) peoples can be designated as sovereign entities.
Author: Elizabeth Chadwick Publisher: Routledge ISBN: 1136735844 Category : Law Languages : en Pages : 196
Book Description
This book discusses the increasing tendency in certain government quarters to incorporate struggles by peoples for their self-determination into the wider anti-terrorist agenda of the post-9/11 era. This tendency distorts the laws of armed conflict and of peace alike. As inter-state anti-terrorist co-operation becomes more extensive, the transaction costs of international peace and security between states increase. Modes of domestic state governance are left increasingly to the vagaries of inter-state non-interference in the domestic affairs of each other. The ‘war on terror’ and an increasingly strict, domestic state law-and-order approach to silence political opponents increases the dangers for civilians, eliminates rights, and generates suspect communities. At the same time, public institutions and private corporations are harnessed into the mechanics of a broad project of prevention and control. Distinctively, the book considers the impact of the recent ‘war on terror’ on the politics of the self-determination of peoples. It draws together issues related to governmental forceful action, an increasing intolerance towards non-state violent acts, the content of international and regional codifications, expansions in state discretion, the encroachment of surveillance powers, and the interaction and overlap between intelligence and law enforcement agencies. Self-Determination in the Post-9/11 Era will be of interest to students and scholars of public international law, criminology, comparative criminal justice, terrorism and national security, politics, international relations, human rights, governance and public policy.
Author: Duncan French Publisher: Cambridge University Press ISBN: 1107029333 Category : Law Languages : en Pages : 585
Book Description
This detailed and timely examination of fundamental issues of statehood and recognition, self-determination and the rights of indigenous peoples includes analysis of some of the most controversial examples of disputed territorial status, including Kosovo and the Palestinian Authority.
Author: Przemysław Tacik Publisher: BRILL ISBN: 9004680268 Category : Law Languages : en Pages : 518
Book Description
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: Malik Dahlan Publisher: Oxford University Press ISBN: 0190935014 Category : Religion Languages : en Pages :
Book Description
Dahlan offers an alternative vision of Islamic governance through the history and promise of the Hijaz, the first state of Islam. The Hijaz, in the west of present-day Saudi Arabia, was the first Islamic state in Mecca and Medina. This new interpretative history offers a fresh vision of Islamic governance and law as a positive force for political reform in the Middle East and beyond. Applying key Islamic principles of public good to contemporary life, Malik Dahlan challenges two dominant narratives. He reclaims the development of Islamic statecraft as the wellspring of collective identity and statesmanship in the Arab world, simultaneously influenced and disrupted by Westphalian statehood models and Enlightenment notions of self-determination. He equally rejects the appropriation of Islamic governance and the Caliphate concept by both the post-modern, non-territorial Al-Qaeda and the neo-medievalist ISIS. Celebrating the history and untapped potential of a region where Arab leaders built the ideological foundations of an emerging polity, The Hijaz is a compelling alternative analysis of governance in the Arabian Peninsula and the global Islamic community, and of its interaction with the wider world.
Author: Milena Sterio Publisher: Routledge ISBN: 0415668182 Category : Law Languages : en Pages : 226
Book Description
Presents the legal cases for self-determination in East Timor, Kosovo, Chechnya, Georgia (South Ossetia and Abkhazia) and in South Sudan.
Author: Marc Weller
Author: Marc Weller
Author: Andrew Coleman
Author: Jamie Trinidad
Author: Kristina Roepstorff
Author: Jane A. Hofbauer
Author: Elizabeth Chadwick
Author: Duncan French
Author: Przemysław Tacik
Author: Malik Dahlan
Author: Milena Sterio